HomeMy WebLinkAboutO-1472 - Adds Ch. 5.72, massage businesses and practitioners (5.72)..'\."'"'.
,.
CIT Y 0 F MAR Y S V ILL E
Marysville,washington
ORDINANCE NO./~71..,
AN ORDINANCE OF THE CITY OF MARYSVILLE
ENACTING A NEW CHAPTER IN TITLE 5 OF THE
MARYSVILLE MUNICIPAL CODE FOR THE REGULATION
OF MASSAGE BUSINESSES AND PRACTITIONERS.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO
ORDAIN AS FOLLOWS:
A new Chapter 5.72 of the Marysville Municipal Code is hereby
enacted to provide as follows:
MASSAGE BUSINESSES AND PRACTITIONERS
5.72.010 PurEo~e.The purpose of this chapter is to
supplement Chapter 18.108 RCW for the regulation of massage
businesses and practitioners.Such regulation is found to be
necessary for the elimination of the injurious effects upon public
health,safety and welfare which are caused by practices
customarily associated with massage businesses.
5.72.020 Definitions.In this chapter,unless the context
otherwise requires,the following meanings shall apply:
(1)"Massage"means the treatment of the superficial parts of the
body,with or without the aid of soaps,oils or lotions,by
rubbing,touching,stroking,taping and kneading,including
the use of equipment,machinery or appliances in connection
with the foregoing~
(2)"Massage Practitioner R means a person engaged in the practice
of massage~
(3)RMassage Business R means an operation or premises where
massages are provided on a commercial basis.
5.72.030 Exemptions.The following businesses or persons
are exempt from the application of this chapter:
(1)Individuals giving massages in their homes to members of
their immediate family~
(2)Persons licensed in the State of Washington to practice
Ordinance - 1
\..
medicine,surgery,drugless therapy,cosmetology,barbering,
physical therapy,osteopathy,osteopathy and surgery,
chiropractic,podiatry,nursing,or persons working under
prescription,supervision,or direction of any such person;
(3)Massage practiced by employees or agents of the athletic
department of any accredited educational institution,or
massage practiced by an athletic coach or trainer who is
employed by an athletic organization or club not open to the
public generally;
5.72.040 Massage Business License.No person shall conduct
a massage business without first obtaining a massage business
license issued by the City.Any such license shall have a term of
one year.The annual 1 icense fee shall be $S t2A-•
5.72.050 Massage Practitioner's License.No person shall be
employed or perform services as a massage practitioner without
first obtaining a massage practitioner's license from the City.
Any such license shall have a term of one year.The annual
license fee shall be $~~•
5.72.060 License Application.The following items and
information shall be required parts of any application for a
massage business license or a massage practitioner's license,or
any renewal thereof:
(1)All applicants shall be fingerprinted by the Marysville
Police Department,and shall pay the administrative cost of
the same;this requirement may be waived in the case of
license renewals.
(2)All applicants shall be photographed by the Marysville Police
Department,and shall pay the administrative cost of the
same;this requirement may be waived in the case of license
renewals.
(3)All applicants shall be eighteen (18)years of age or older.
(4)All applicants for a business license shall submit written
proof that they have a current massage business license
issued by the washington State Department of Licensing.All
applicants for a practitioner's license shall submit written
proof that they have a current massage practitioner's license
issued by the washington State Department of Licensing.
(5)All applicants shall fully and accurately identify themselves
by name,any aliases used for the past five (5)years,birth
place and birthdate,and all home addresses for the past five
(5)years.If an applicant is a business entity,the
identification requirements herein shall apply to all persons
Ordinance - 2
,.
currently owning an interest in such business,including
partners,stockholders,officers and directors.
(6)Applications for business licenses shall identify all persons
who will act as proprietor,manager or person in charge of
such business,and will state the number of proposed
employees,including massage practitioners.
(7)The name and address of all massage businesses which the
applicant currently owns or works in,or has owned or worked
in for the past five (5)years.
(8)Whether the applicant has been convicted of,or forfeited
bail to,any crime,excluding minor traffic offenses,and if
so,the name of the court in which the case was filed and the
circumstances and disposition of the case.
(9)A statement identifying and explaining any and all discipline
taken against the applicant by the washington State Massage
Examining Board.
(10)A written statement from a licensed doctor of medicine
certifying that any person applying for a practitioner's
license is in good health and does not suffer from any
contagious or communicable disease.
(11)Whether the applicant has failed or refused to qualify for
any massage business license or massage practitioner's
license required by any municipal jurisdiction,or whether
any such license has been revoked,denied or suspended.
(12)The address of the proposed massage business,or the address
where the applicant will be employed.
(13)The percent of customers who will be under 18 years of age;
and the percent of customers who will be referrals from
physicians with written prescriptions for massage treatment.
5.72.070 Police Investigation.Within thirty (30)days
after receipt of a license application,the City Police Department
shall investigate the statements contained therein and make a
written recommendation to the City Clerk to grant or deny the
license,or to require further information from the applicant.
5.72.080 Issuance and Denials of Licenses.The City Clerk
shall immediately issue a license upon receiving evidence of the
following:
(1)A complete application has been filed in compliance with this
chapter;
Ordinance - 3
..'
..
(2)The Police Department has recommended that the license be
issuedi
(3)The Compliance Officer has granted zoning and building code
clearance for the proposed business.
If the City Clerk fails or refuses to issue a license within
thirty (30)days after a complete application has been filed,or
if the Police Department or Compliance officer recomend denial of
a license,the matter shall be scheduled for a public hearing
before the City Council.The applicant shall receive not less
than seven (7)days advance written notice of the public hearing,
and shall have access to all information which the City staff
intends to present to the City Council.At the conclusion of the
public hearing,the City Council shall enter Findings of Fact and
an order granting or denying the license.The decision of the
City Council shall be final,subject to appeal to the Snohomish
County Superior Court within fourteen (14)days following such
decision.
5.72.090 Non-Transferability of Licenses.
(1)A massage business license shall be valid at only one
business premise,and for only the owner who applied for the
same.It is not transferrable to other persons,business
entities or premises.
(2)A massage practitioner's license shall be valid for only one
person.It is not transferrable to any other person.
(3)If a massage practitioner changes his or her place of
employment during the term of the practitioner's license,
said license must be returned to to the City and re-issued
showing the name and address of the new place of employment.
5.72.100 ~£~ti~3_Rules_and_R~ula!ions.The following
operating rules and regulations shall apply to all licensed
massage businesses and licensed massage practitioners:
(1)All massage businesses shall be closed,and all services
performed shall be discontinued,between the hours of 10:00
p.m.and 6:00 a.m.
(2)Liquor and controlled substances shall not be distributed or
consumed on the premises of a massage business.
(3)A list of all services offered with a brief description of
what the service entails,along with the cost for such
service,must be posted in a prominent place in all massage
businesses.All business transactions with customers must be
conducted in accordance with said posted list.
Ordinance -4
•...
(4)It is unlawful for any owner,proprietor,manager or person
in charge of any massage business to employ in such
establishment any person under the age of eighteen (18)
years,or to cause or permit any person to perform services
as a massage practitioner who does not have a valid mass~ge
practitioner's license issued by the City.
(5)It is unlawful for any owner,proprietor,manager or person
in charge of any massage business,or any agent or employee
of such a business,to admit anyone under the age of eighteen
(18)years of age and to permit them to remain in or about
the premises unless such person under the age of eighteen
(18)years is accompanied by his or her parent or legal
guardian,or has a written consent form signed by his or her
parent or legal guardian.
(6)It is unlawful for any owner,proprietor,manager or person
in charge of any massage business,or any agent or employee
of such a business,to knowingly harbor,admit,receive or
permit to be or remain in or about the massage business
premises,any prostitute,lewd or dissolute person,or any
drunk or boistrous person,or any person under the influence
of any controlled substance.
(7)It is unlawful for any owner,proprietor,manager or person
in charge of any massage business,or any agent or employee
of such a business,to encourage or permit any person to
expose,touch,caress or fondle the genitals,pubic region,
anus or female breasts of any other person~or to perform or
simulate acts of sexual intercourse,masturbation,sodomy,
beastiality,oral copulation,flagellation,or any other
sexual acts prohibited by law.
(8)The premises and equipment of a massage business
establishment shall be maintained in a clean,safe and
sanitary manner,and shall be in full compliance with the
requirements of the Snohomish Health District and WAC
308-51-050 and WAC 308-51-060.
(9)A person suffering from infectious or contagious diseases
shall not be treated by any licensed massage business or
massage practitioner.A massage practitioner who is
suffering from infectious or contagious diseases shall not
perform any massage services.
5.72.110 Inspection of Massage Premises.Any City police
officer may visit and inspect the premises of a massage business
at any time when such premises are open for business.Such
inspection shall be limited to the following purposes:
Ordinance - 5
.~..
-:'.• •.1
(1)To ascertain whether or not all massage practitioners working
on the premises are properly licensed:
(2)TO ascertain whether or not the operating rules and
regulations specified in this chapter are being complied with
in full.
This section shall not be construed to permit the physical,
forcible entry by a police officer into any area of a massage
business without a search warrant,but refusal to permit
inspection,for the purposes set out above,shall be grounds for
revocation or suspension of a massage business license.
5.72.120 Grounds for Denial,.Suspension or Revocation of
Licenses.The City may deny issuance or renewal of any license
authorized under this chapter,or may suspend or revoke any such
license,if it finds that the applicant or the licensee,or any
manager,officer,director,agent or employee of an applicant or
licensee,has caused,permitted or knowingly done any of the
following:
(1)Has made any false statement or representation,or has failed
to disclose any material information,to the City or to any
agent or employee of the City in connection with the license
application or the use of said license in a massage
business:
(2)Has violated any provision of this chapter:
(3)At any time during the term of a license issued by the City,
the licensee fails to maintain a current massage business
and/or practitioner's license issued by the Washington State
Department of Licensing:
(4)Is operating,or proposes to operate,a massage business
which constitutes an adult massage parlor,as defined in
Chapter 19.08,without complying with the zoning requirements
of that chapter.
Any complaint seeking suspension or revocation of a massage
business and/or practitioner's license shall be filed with the
City Clerk and scheduled for a public hearing before the City
Council.The license holder shall be provided not less than seven
(7)days advance written notice of the public hearing and shall
have access to all written reports or accusations which have been
filed with the City Clerk.At the conclusion of the public
hearing,the City Council shall enter Findings of Fact and an
order regarding the suspension or revocation of the license in
question.Said order shall be final,subject to appeal to the
Snohomish County Superior Court within fourteen (14)days
following such decision.
Ordinance - 6
5.72.130 Moratorium Period.If a massage business license
is suspended or revoked pursuant to the terms of this chapter,no
massage business license shall be issued or renewed for the same
premises,or to the same Li c en ae e ,or its as s Lqn s ,during the
period of suspension,or for a period of one (1)year following
revocation.
5.72.140 Criminal Penalty.Any person who violates any of
the provisions of this chapter shall be guilty of a gross
misdemeanor.
c>PASSED by the City Council and APPROVED by the Mayor this
--I-day of AY AI 'E ,1986.
THE CITY OF MARYSVILLE
MAYOR
ATTEST:
APPROVED AS TO FORM:
.~Ck---~CITY ATT EY
Ordinance - 7
No._
/AFFIDAVIT OF"RUBLICATICN
STATE OF'WASHINGTON,
County of Snohomish,
SSt
___________~j}:!cJ?_~~P_~~~~,being first duly sworn
on oath deposes and says thatsheis the,..~~s:!_e_t_~rL ...._
of THE MARYSVILLE GLOBE, a weekly newspaper.
That said newspaper is a legal newspaper which has been ap-
proved by order of the Superior Court in Snohomish County
June 18, 1962 in compliance with Chapter 213 of Washington
Laws of 1941,and it is now and has been for more than six
months prior to the date of the publication hereinafter re-
ferred to,published in the English language continually as a
weekly newspaper in Marysville,Snohomish County,Wash-
ington,and it is now and during all of said time was printed
in an office maintained at the aforesaid place of publication
of said newspaper.That the annexed is a true copy of a
______________9.rslAI!.C!r:!~~jIJ-_4}_~as it was
<,published in regular issues (and not in supplement form)of
said newspaper once each week for a period of __.9ll-e con-
secutive weeks,commencing on the _HJ:1L_day of __~~El~__,
19_86-.and ending on the __Ut!.l__day of ~~!1..~,19_~~_,
both dates inclusive, and that such newspaper was regularly
distributed to its subscribers during all of said period.That
the .full amount of the fee charged for the foregoing publi-
cation is the sum of $_3ll.J..5.,which amount has' been
paid in full ~-lU.J ",-I--..___L ~~_
Subscribed and sworn to ~~~e :n e this.,8-
------d-1---day of ~-•19"b
~~~~~~~"~':''''''teot Washington,
Residing at Marysville..
<
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.1472
AN ORDINANCE OF THE CITY OF MARYSVILLE ENACTING A NEW CHAPTER
IN TITLE SOF THE MARYSVILLE MUNICIPAL CODE FOR THE REGULATION OF
MASSAGE BUSINESSES AND PRACTITIONERS.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO OR·
DAIN AS FOLLOWS:•
A new Chapter S.72-of the Marysville Municipal Code is hereby enacted to provide as
follows:
MASSAGE BUSINESSES AND PRACTITIONERS
5.72.010 Purpose.The purpose of this chapter is to supplement Chapter 18.108 RCW for
the regulation of massage businesses and practitioners,Such regulation is found to be
necessary for the elimination of the injurious effects upon public health,safety and
welfare which are caused by practices customarily associated with massage businesses.
5.72.020 Definitions.In this chapter,unless the context otherwise requires.the follow
ingmeaningsshall apply:
{ll "Massage"means the treatment of the superficial parts of the bcov.With or
without the aid 01 soaps, oils or lotions,by rubbing,touching,stroking,taping and
kneading,inclUding the use of equipment,machinery or appliances in connection with
the foregoing;
(:2)"Massage Practitioner"means a person engaged in the practice of massage;
(J)"Massage Business"means an operation or premises where massages are crovtd-
ec on a commercial bests.
5.72.0JOExemptions.The toucwtnccustnesses or persons are exempt from the eppltca-
tton of this chapter
(1)Individuals giving massages in their homes to members of their immediatefamily;
(2)Persons licensed in the State of Washington to practice medicine,surgery,drugless
therapy,cosmetology,earbertnc.physical therapy,osteopathy,osteopathyandsurgery,
chiropractic,podiatry,nursing,or persons working under prescription,supervision,or
direction otany such person;
(J)Massage practi~ed by emprcvees or agents of the athletic department of any ac
credited educational tnstttuttcn-or massage practiced by an atntenc coach or trainer
who is employed by an athletic organization or club not open to the public generally;
5.72.040 Massage Business License.No person shall conduct a massage business
without first obtaining a massage business license issued by the City.Any such license
shaJI have a term Of one year.The annual license fee shall be $5.
5.72.050 Massage Pro1lditioner's license.No person Shall be employed or perform ser-
vices as a massage practitioner without first obtaining a massage practitioner's license
from the City.Any such license shall have a term ot. one year.The annual iicense feesneueeszs
5.72.060 license Application.The following items and information shall be required
parts of any acpttcatton for a massage business license or a massage practitioner'S
license,or any renewal thereof'
(1)All applicants shall be fingerprinted by the Marysville Police Department,and
shall pay the administrative cost 01 the same;this requirement may be waived in the
case of license renewals,
(2) Ali applicants shall be photographed by the MarySVille Police Department.and
shall pay the administrative cost of the same;this requirement may be waived in the
case 01 license renewals
(J) All eccnceots sneu ce etanteen (l8)years of age or older
(4) Ail applicants fora business license shall submitwritlen crcct tbet tnev neve e cur
rent massage business license issued by the Washington State Deper trnent ct t.tcenstnc.
Ail applicants for a practitioner's license shall soomtt wrttten proof that they nave a cur
rent massage practitioner's license issued by the Washington State Department of Llcen
sing.
(5) All applicants shall fully and accurately identify themselves by neme- env eneses
used for the past five (5)years,birth place and btr-thdete,and all home addresses for the
past five (5)years.II an applicant is a custoess entity,the identification requirements
herein shall apply to all persons currently owning an interest in seen businesses,in
cluding partners,stockholders,officers and director
(6)Applications for business licenses shall identify all persons who wili act as pro-
prietor,manager or person in charge of such oustnesss.andwill state the number of pro
posed employees,including massage practitioners.
(7)The name and address of all massage businesses which the applicant currently
owns or works in,or has owned or worked in lor the past five (5)years.
(8)Whether the applicant has been convicted ct.or forfeited oe!I to, any crime,exclu
ing minor traflic offenses,and if so, the name 01the court in Which the case was filed and
the circumstances and disposition of the case.
(9) A statement identifying and explaining any and all disciplinetaken against the ec-
cucent by the Washington state Massage Examining Board.
(10) A written statement from a licensed doctor of medicine certifying that any person
applying for a practitioner's license is in good health and does not suffer from any con
ta~;~~s":~e~~~/~~~i~~~lli~~~~e~:~failed or refused to qualify for any massage business
license or massage praclitioner's license required by any municipal f urtsotctncn.or
whether any such license has been revoxeov centec or suspended.
(12) The address of the proposed massage business,or the address whe re tbe eccucent
will be employed.
(13) The percent of customers who will be under 18 years of age; and the percent of
customers who will be referrals from physicians With written prescriptions for massage
treatment.
5.72.070 Police Investigation.Within ram oevs atter recetpr ofa license application,the
City Police Department shall tvnestrqete the statements contained therein and make a
written recommendation to the City Clerk to grant or deny the license,or to require tor-
tner information from the applicant.
5.72.080 Issuance and nenters of licenses.The City Clerk Shall immediately issue a
license upon receiving evidence of the following:
(1)A complete application has been filed in compliance with this chapter;
(2) The Police Department has recommended that the license be issued;
(J) The Compliance Officer has granted zoning and building code clearance tor the
proposed business.-n the City Clerk fails or refuses to issue a license within thirty (JO) devs ettar a corn
plete application has been filed,or it the Police Department or Compliance officer
recommenddenialolalicense,then:'laltershallbescheduledforapublic hearing before
the City Council.Theapplicantshall receive not less than seven (7)days advance written
notice of the public hearing,and shall have access to all rotcrmauon which the City staff
intends to present to the City Council.At the conclusion of the public hearing,the City
Council Shall enter Findings of Fact and an order granting or denying the license.The
decision ot.the City Council Shall be final,subject to appeal to the Snohomish County
Superior Court wrth!o fourteen (14) days following such decision
5.72.090 Non·Transferability ot Licenses.
(1)A msassage ousrness licenseshall ee veuo et oorv cne eostnes spremise,and for en-
Iy the owner who applied for Ihe same, It is not transferrable to other persons,business
entities or premises
(2) A massage practitioner's license shall be valid for only one person,It is not
trensterrebte to any other person
(J) If a massage practitioner changes his or her place of employment during the term
of the practitioner's license.said license must be returned to the City and re-Issued show·
Ing the name and address 01 the new place of employment
5.72.100 Operating Rules and Regulations.The following operating rules and eeaure-
ncne eneu apply to all licensed massage businesses and licensed massage practitioners:
(1) All massage businesses shall be crosecr enc all services per tcrmec snauce ersccn
tinued,between the hcurs ot 10:00 p.m. and 6:00a.m.
(2)Liquor and controlled substances shall not be distributed or consumed on the
premises of a massage business.
(J)A list 01 all services offered with a brief description of what the service entails,
along with the cost lor SUChservice,must be posted in a cromtnent place in all massage
businesses.All business transactions with customers must be conducted in accordance
with said posted list.
(4) It is u.r;llawful for any.owner,prop~ietor,manager or person in'charge ,of any
~:fs:iaer~~~n;os::~:~g:o;e~r:n~~~hn~S~~~~~~Toe~~:I~~~e~;~~i~~~~~t:emaiis~~;'~~~~~~
ncnar who does noWlave a lIIaJid massage practitioner's license issued by the City.
(5)It is unlawful for any owner,proprietor,manager or person in charge of any
massage business,or any agent or employee of such a business,to admit anyone under
the age of eighteen (18)years of age and to permit them to remain in or about the
premises unless such person under the age of eighteen (18)years is accompanied by his
or her parent or legal guardian,or has a written consent form sign edbyhisorherparent
or legal guardian..
(6) It is unlawful for any owner.proprietor,manager or person in charge of any
massage business,or any agent or employee of Such a business,to knOWingly harbor,ad
mit,receive or permit to be or remain in or about the massage business premises,any
prostitute,lewd or dissolute person,or any drunk or ootstrous person,or any person
under the influence of any controlled substance.
(7) It is unlawful for any owner,proprietor,manager or person In charge of any
massage business,or any agent or employee of such a business,toencourageorpermit
any person to expose,touch,caress or fondle the genitals.public region,anus or female
.breasts of any other person;or to perform or stmutete acts of sexual intercourse,
masturbation,sodomy,beastiality,oralcopulation,flagellatron. or any other sexual acts
prohibited by law.
(8) The premises and equipment 01a massage business establishment shall be metn-
tained in a clean,safe and sanitary manner,and shall be in full co mpliancewith the re-
quirements of the 'Snohomish Health District and WAC J08-51-050and WAC 308·51·060.
(9) A person suffering from infectious or contagious diseases shall net be treated by
any licensed massage business or massage practitioner.A massage practitioner who is
suffering from infectious or contagious diseases shall not per form any massage services.
5.12.110 Inspection of Massage Premises.Any City police officer may visit and inspect
the premises ot a massage business at any time When such premises are open for
business.Such inspection shall be limited to the follOWing purposes:
(1) To ascerttan whether or not all massage practitioners working on the premises are
pr.operly licensed;
~ascertainwhetherornottheoperatingrulesandregulationsspecified~lQ.J.!:liL..
chapter are being complied with in full.,.
This section shall not be construed to perm;'the physical,tcrcfbre entry by a police O!'
ncer Into any area of a massage business without a search warrant,but refusal to eermtt
Inspection,for the purposes set out above, Shall be grounds for revocation or suspension
of a massage business license.
5.72.120 Grounds for Denial,Suspension or Revocation ot Licenses.The City may deny
issuance or renewal of any license authorized under this chapter,or may suspend or
revoke any such license,If it finds that the applicant or the licensee,or any mana.ger,of·
ucer.director,agent or employee of an applicant or licensee,has caused,permitted or
knowingly done any of the following:
(1)Has made any false statement or representation,or has failed to disclose any
material information,to tne City or to any agent or employee of the City in connection
with the license application or the USI'!of said license in a massage business;
(2) Has violated any provision of this chapter;
lJ} At any time during the term of a license issued by fhe City,the licensee falls to
maintain a current massage business and/or practitioner's license issued by the
Washington State Department of Licensing;
(4) IS operating,or proposes to operate,a massage business which constitutes a~adult
massage parlor,as defined in Chapter 19.08,without complying With the zoning re
~~~~r~~~~~~si~~:~~~~~;~~;~e;~~~nt~~r~i~~c~r~~~0;nadrr;,~~~~~~e~u~~~e:s paunb~j~rh~~~~~~
before the City Council.The license holder shall be provided not less than seyen (7)days
advance written notice ot the public hearing and Shall have access to all written reports
or accusations which have been filed with the City Clerk.At the conclusion of the public
hearing,me City Council shall enter Fin~ingS of Fact and an order regar~ing the suspen
stcn or revccenco ot the license in question.Said order shall be linal,sublect to appeal to
the Snohomish County Superior Court Within fourteen (14) days following such decision
5.72.130 Moratorium Period.If a massage business license is suspended or revoked
pursuant to the terms of tms chapter,no massage business license shall be Issued,or
renewed for the same premises,or to the same licensee,or its assigns,during the period
of suspension,or for a period of one (1)year following revocation.
5.12.140Criminal Penalty.Any person who violates any of the provisions of this chapter
shall be guiityof a gross misdemeanor.
PASSED by the City council and APPROVED by the Mayor this 9th day ot June, 1986.
THE CITY OF MARYSVILLE
By S/Norman Anderson,Mayor
ATTEST:By s/Phillip E.Dexter,City Clerk
APPROVED AS TO FORM:By s/Jemes H.Auenooeeter • City Attorney
Published:June 11,1986