ORD 09-598
ORDINANCE NO. 09-598
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO BUSINESS
REGULATIONS, REPEALING SECTIONS, ADDING SECTIONS, AND
AMENDING SECTIONS IN CHAPTER 3, 9, AND 14 OF THE FEDERAL
WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the
Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process
has found redundant sections and language as well as unclear sections, inaccurate sections, and other
sections that could be revised for better readability and workability; and business regulations can be
simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of business regulations;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of F ederal Way finds it in the best interest of the .City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS
SECTION 1. Chapter 3, Article I, Section 3-6, of the Federal Way City Code shall be amended to
read as follows:
3-6 Alarm business duties.
(a) Every alarm system monitoring company engaging in business activities in the city of Federal Way
shall:
(1) Be registered to do business in the city of Federal Way.
OrdmanceNo.09-598
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(2) Submit standard user form instructions to the police chief. If the police chief finds the instructions
are inoorporate incoherent, unclear, or inadequate, the police chief may require the alarm business to
revise the instructions to comply with subsection (a)(4) of this section and then to distribute the revised
instructions to its alarm users.
(3) Provide the police chief information about the nature of its property alarms, burglary alarms,
robbery alarms and panic alarms; its method of monitoring; its program for preventing false alarms; and
its method of disconnecting audible alarms.
(4) Furnish the user with instructions that provide information to enable the user to operate the alarm
system properly and information on how to obtain service for the alarm system at any time. The alarm
business shall also inform each alarm user of the requirement to obtain a registration and where it can be
obtained.
(5) Establish a process for alarm verification. The verification process shall not take more than five
minutes, calculated from the time that the alarm signal has been accepted by the alarm business
monitoring the system, until a decision is made whether to call for a police dispatch. The means of
verification may include one or more of the following:
a. The establishment of voice communication with an authorized person at or near the premises who
may indicate whether or not need for immediate police assistance or investigation exists;
b. A feature that permits the alarm system user or a person authorized by the user to send a special
signal to the alarm system monitoring company that will cancel an alarm immediately after it has been
sent and prevent the monitoring company calling for a police dispatch;
c. The installation of a video system that provides the alarm system monitoring company when the
signal is received with the ability to ascertain that activity is occurring which warrants immediate police
assistant or investigation;
d. A confirmation that a signal reflects a need for immediate police assistance or investigation either by
the alarm system user, or a person at or near the premises before dispatching police; or
e. An alternate system that the police chief determines has, or is likely to have, a high degree of
reliability.
(6) Coordinate with the department's communication center to develop a process to cancel an alarm
dispatch that is consistent with the communication center's standard operating procedures.
(7) Provide the department's communication center when requesting an alarm response with the
registration number for that premise, and the department need not respond if the registration number if not
provided. (Ord. No. 93-193, S 6, 11-9-93)
SECTION 2. Chapter 9, Article II, Section 9-34, of the Federal Way City Code shall be amended
to read as follows:
9-34 Home occupations.
The business registration fee for businesses operating as home occupations in residential zones ffi
oompliance with FWCC 22 1066 et seq. shall be the usual business registration fee.
(Ord. No. 91-86, ~ 1(8),2-5-91)
SECTION 3. Chapter 9, Article III, Section 9-76, of the Federal Way City Code shall be amended
to read as follows:
9-76 Activities not prohibited.
This article shall not be construed to prohibit:
(1) Plays, operas, musicals or other dramatic works which are not obscene as defined in FV1CC 9 126;
(2) Classes, seminars and lectures held for serious scientific or educational purposes; or
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(3) Exhibitions or dances which are not obscene.
Whether or not activity is obscene shall be judged by consideration of the following factors:
(1) Whether the average person, applying contemporary community standards, would find that the
activity taken as a whole appeals to a prurient interest in sex; and
(2) Whether the activity depicts or describes in a patently offensive way, as measured against
community standards, sexual conduct as described in RCW 7.48A.OI0(2)(b);
(3) Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value.
(Ord. No. 90-55, S 9(D), 5-1-90; Ord. No. 95-241, S 1,8-15-95)
SECTION 4. Chapter 9, Article IX, including Sections 9-463 through 9-503, of the Federal Way
City Code shall be repealed:
9 163 Definitions.
For the purposes of this ehapter, the f-ollowing terms, words and phrases shall have the f-ollowing
meamngs:
(1) City means the eity of Federal \Vay, Washington.
(2) City clerk means the eity elerk €If the city of Federal """Vay, ....Vashington.
(3) Conviction meaRS an adjudication or eonyietion of guilt aRd oee1.l1S at such time as a plea of guilty
has been accepted or a yerdict of guilty has been filed, nohv4thstanding the pendeney €If any fl::l-tt:1re
proceedings ineluding but Ret limited to sentencing or disposition, post trial or post Faet finding metions,
and appeals. Comrietien alse means a bail forfeina-e and iReludes all iflstances in whieh a plea €If nolo
contendere is the basis for the eonvietion and all proceedings in whieh the sentenee has been deferred or
suspended.
(1) Genitals means genitals, pubic area, affilS, or perinel:lffi €If any person, or the vul'la er breasts €If a
female.
(5) Manager means any person who manages, direets, admiRisters, or is in eharge of, the affairs
and/or the conduet of any portion of any aetivity invohing massage praetitioflers oeeurring at any place
offering massage.
(6) Massage means the treatment of a human bOGY by aRother BY the external manipulation or
preSS1.l1e of soft tissue. Massage ineludes rubbing, kneaGiflg, touehing, stroking, tapping or any ether
manipulations with or without the aids of superfieial heat, eold, v/ater, lubrieants, or salts, and including
the use of equipment, maehinery or appliances.
(7) Massage business means the operation of a business providing massages.
(8) Massage practitioner means a person engaged in the praetiee of massage. (Ord. No. 95 229, ~ 1,
3 21 95)
9 464 Business registration.
Unless othcrw-ise specified, the general business registration proyisions, contained in Chapter 2. PNCC,
shall apply to this license section. (Ord. No. 95 229, ~ 1,3 21 95)
9 465 Penalties.
(a) Criminal penalty. f.ny person violating any of the terms of this article shall be gI:lilty of a
misdemeanor and upon conviction thereof be punished as pr9vided in FWCC LU.
(b) Civil penalty. In addition to any other penalty pro';ided in this section or by la'1I, any persofl v;ho
violates any pro-vision of any business license ordinance shall be subject to a ciyil penalty in. aR amount
not to exceed $250.00 per violatioR to be direetly assessed by the dty clerIc. :\11 civil penalties assessed
will be enforced and colleeted with the procedure specified under this article. (Ord. Ne. 95 229, ~. 1, 3 21
%1
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Page 3 of 12
9 466 ,.t..dditi9nal enforcement.
Notwithstanding the existence or use of any other remedy, the city may seek legal or equitable relief to
enjoin any acts or practices which constitute or 'Hill constiMe a violatien of any provisions of this artiele.
(Ord. No. 95 229, ~ 1,3 21 95)
9 471 Lieense far business required.
It is unla'.vful to conduct, operate or maintain a massage business unless such establishment or
premises is licensed as hereinafter pro';ided. (Ord. No. 95 229, ~ 1,3 21 95)
9 472 License far massage praetitioners.
It is unlawful for any person to perform a massage or represent himself or herself as a massage
practitioner ','/ithout being in possession of a eurroot, valid Washington State massage practitioner's
license. (Ord. No. 95 229, ~ 1,3 21 95; Ord. No. 03 453, ~ 1, 11 4 03)
9 173 License for managers.
It is unlawful for any person to manage a massage business without first applying for and receiving a
massage manager license. (Ord. Ne. 95 229, ~ 1,3 21 95)
9 474 Lieense Expiration Due date.
(a) Expiration. All licenses issued or renewed under the pro'Hsions of this ehapter shall expire on the
thirty first of Deeember of eaeh year.
(b) Due date. All lieense fees required by PNCC .2..jQ, and pur51:laHt to the Federal V/ay fee
resolution, are payable te the eity at least f-our weeks prier to the epeRing of any massage btlsiRess, Of the
performance of any massage.
(0) Pro ration. The entire annuallieense fee shall be paid fef the applieable calendar year regardless of
when the applieatiofl for license is made, and shall Rot be prorated f-or any part of the year exeept that if
the original applieation for licerlSe is made subsequem to June 30th, the license f-ee f-or the remainder ef
that year shall be one half of the annual lieeRse f-ce. }umual license rene'.vals shall be required to be
obtained and paid in full by January 31st of eaeh respective ealendai" year.
(d) Failure to renew. Failure to renew shall invalidate the lieeRse and all privileges gramed to the
licensee. (Ord. No. 95 229, ~ 1,3 21 95)
9 475 Lieense f-ees.
(a) ,AJUount of fee. Applicants seeking a license mder this ehapter for massage bl:1siness anEl!or
massage manager shall submit a eompleted applieation f{)rm as preseribed herein together with a fee as
provided in the fee sehedule kept on file "ith the eity clerk. Such fees shall be in addition to geeeral
business lioense fees where applieable. For massage praetitioner (not employee of registered massage
business) the general business lieoose requirements of Chapter 9, .A.rtiele II, shall apply.
(b) Late penalty. .Ai late penalty shall be ehai"ged on all applications for renewal of a lieense reeeiyed
later than seven working days after the expiration date of such license. The amoUflt of such pooalty is
fixed as follm:vs:
Days Past Due Additional Pereentage of Lieense Fees
--8---JQ ~
31 60 W%
61 and over +00%
(Ord. No. 95 229, ~ 1,3 21 95; Ord. No. 03 153, ~ 2, 11 1 03; Ord. No. 01 173, ~ 1, 12 7 01)
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9 476 Lieense applications.
(a) Massage business. All applications for a massage business lieense or lieense renewal shall be
submitted in the name of the person ar entity proposing to cORduct sueh massage business on the business
premises, shall be signed by sueh person or his er her legally authorized ageH:t, and Rotarized or eertified
as true under penalty of perjury. "\.11 aflplications shall be subFl'l:itted OR a form st:lpplied by the city elerk,
y.'hieh shall require the following information:
(1) The name, residence address, residence telephone nl:HRber, date and place of birth, driver's lieeFlse
number, and Soeial Security number of the applieant if the applicant is an imliyidual er tax identification
number if the applicant is a corporation or other entity;
(2) The business name, address and telephone number of the establishment;
(3) The names, addresses, telephone numbers and soeial security numbers of any partners, corporate
officers, or shareholElers ',yho own 10 percent or mere of the business, er other persons Y/ho have a
substantial interest or manage:rnent responsibilities in cOImection ,'lith the business, speeifying the interest
or management responsibility of eaeh. For the pl:H"pose oftms subsectieR "substantial iRteresf' shall mean
ownership of 10 percent or mere of the business, er any other kind ef eontrilmtion to the business ef the
same or greater size;
( 1) The name of the landlord er property O'lffler ef the prepcrt)' on which the business is situated.
(b) Massage manager. "^Jl applications far a massage manager's license or licease renewal shall be
signed by the applieant and notarized or eertified to be true under flooalty efflerjury. "\11 applieations shall
be submitted OR a form supplied by the city clerk, which shall require, at a Fl'I:inimum, the f-ollowmg
information:
(1) The applicant's name, residence address, resideaee telephone nwnber, Gate and plaee of birth,
dri'/er's license number and social security number;
(2) f~ letter, dated no more thaR 30 days prior te the date ef the subFl'l:issioR Elf the applieation, kem
the o';vner of the business indicating inteH:t to employ the applicaRt en a speeified date;
(3) Written proof that the applicant is 18 years of age er olEler. Writtoo proof shall meaR the
follewing:
a. A current motor 'lehicle operator's licease issued by any state bearing the aflplicant's
photograph and date of birth; or
b."\ valid identification eard issued by the state of Washington whieh bears the applieaRt's
photograph and date of birth; or
c. "\ current passport;
(1) The mailing address and street address of all places within the city of Federal Way at whieh the
massage manager will pnr.i.de services. The massage manager shall netify the city clerk, in writiFlg, of
any ehanges in, or additions to, the location of sueh services withiR 11 days of any sl:1eh ehaRge or
addition.
(c) Background checks. "^Jl applications submitted pursuant to this ehapter will be submitted te a
background cheek in accerdance with the procedures efthe Federal 'Nay police department. (Ord. No. 95
229, ~ 1,3 21 95; Ord. No. 03 153, ~ 3, 11 1 03)
9 177 Standards for denial of llfJplieation fer lieense.
(a) Massage business lieense. The city elerk may deny any massage business license request if he er
she determines that the applicant has:
(1) Made any material misstatement in the applieation for a liecnse;
(2) Proposed a place of business or operates a business whieh fails to eomply with all applieable
requirements of this Code ineluding without limitation the zoning, bl:1ilding, health and fire eodes and all
other applicable local, state, or federalla'.vs, rules or reg1:11ations;
(3) Had any eomi.ctions which ha'/e a direct eonnectioR with the lieensed acti'/ity ineluding, but not
liFl'l:ited to, theft, prostitutioR, promotion or permitting prestitution, sexual' affenses, eensurner fraud,
Ordinance No. 09-598
Page 5 of 12
massage praotitioner or massage manager violation, or obsoenity Y/ithin five years prior to the date of
such application; or
(1) Had a massage busmess license denied, revoked or suspended by the oity or aflj' other jurisdiotion
within five years prior to the date of suoh application.
(b) Massage manager license. The city clerk may deny any massage manager lieense applied for under
the provisions of this ohapter if the city olerk determines that the applioaRt has:
(1) Made any material misstatement in the application for a license; or
(2) Had any con'/ictions '.Yhioh have a di:rect oonnection with the lieensed aetivity including, but not
limited to, theft, prostitution, sexual offense, cOHsumer fraud, massage praotitioner or manager violation,
or obseenity, within five years prior to the date of application; or
(3) Had a massage practitioner or massage manager license denied, re'/oked or suspended by the city
or any other jurisdiction withi:n five years prior to the date of applicatioo; or
(1) Had a Washington State massage practitioner's license sHspended or revoked which had been
issHed pursuant to Chapter 18.108 RC\V, as no'.y eJdsting or hereafter amended or had any professional
lieense revoked which had been issHed pursuant to RCW Title 18, as nO'll existing or hereafter amended,
whieh license !H:lthorized performing massage treatments.
(0) Effect of license denial. If any applieant has a lioense denied based upon a eonviction elassified as a
felony, or afty other nonfelony convictioB.s, pursuant to this section, a lieense shall not be gramed ylithin
fi'le years from the date of sueh denial. If any applieant has a 1ieense denied for an)' other reason, a
license shall not be granted withiB. tocee years from the date of sHeh denial. (Ord. No. 95 229, ~ 1, 3 21
95; Ord. No. 03 110, ~ 1,3 18 93; Ord. No. 03 153, ~ 1, 11 1 03)
9 <178 Standards for sDs(Jensian ar revoeation of Iieense.
(a) Massage business license. The city elerk may re'.'oke or suspend a massage business lieense if he
or she determines that the licensee has:
(1) Failed to comply with F'NCC~, 2..5Jl2. or any of the other requiremems of this artiele; or
(2) Failed to comply with the applioable building, health, fire andlar zoning code provisiafls or with
any other applieable federal, state or 10calla....ls, rules or regt:llations; or
(3) With knowledge employed persons who, within a period of the preoedmg five years, ha'.'e been
cOB.'ncted of prostitutioo ar eansl:lfl'l:er fraud stemming fram acti'lities condHeted on the lieensed 13remises,
or y.'ho have been arrested for such offenses aRd which lead te such convietions; or
(1) Had any convictions which ha','e a direot connection with the liceB.sed acti'nty including, bHt not
limited to, coosumer fraud, theft, controlled sHbstances, prostitution, pefFl'litti:ng or promoting prestitution,
sexual offenses, or obscenity; or
(5) Failed to comply ';/ith or done anything whieh oonstitutes a basis for denying a lieense
application.
(b ) Notice of violation. If the city clerk, the building official, or his or her agent determines during an
inspeotion that the oondition of any massage business needs correotion, a written notice of violation shall
be issued te the supervisor, manager, oymer, or person in charge specifying such '/iolations. Those same
'liolations shall be remedied within 48 hours unless a later date is determiB.ed by the eity clerk. Failure to
comply '.Yith any y;ritten notice of 'liolation to make correcti01'ls may result in suspension or re'/ocation of
the massage business lioense.
(c) Massage manager license. The city clerk may suspend or re'loke any massage manager license if
he or she determines that the licensee has:
(1) Failed to eomply '.vith any of the operating requiremeRts set forth in FVlCC ~ and 2.2.Q2 or
failed to comply with any of the other requirements of this artiele; or
(2) Had any oon'/ictions whieh have a direct conneetion with the licensed aotivity including, bat not
lirn:ited to, theft, prostitution, consumer fraud, obscenity, ar sexual offenses; or
(3) Failed to oomply with or done anything whieh constitutes a basis f-or denyiB.g a license.
Ordinance No. 09-598
Page 6 of 12
(d) Effect of lioense revoeation. If any applioant under this artiele has his or her lieense revoked, a
lioense shall not be granted under this article for a period of at least fi':e years from the date of SUOR
revaeation.
(e) DUi"ation of lieense suspension. The eity olerk may sUSf)efl:d a lieense for no mare than six mooths.
(Ord. No. 95 229, ~ 1,3 21 95; Ord. No. 03 110, ~ 5, 3 18 03; Ord. No. 03 153, ~ 5, 11 1 03)
9 179 Transfer of licenses and ehange of location.
(a) Massage business. No massage business lieense issued under this ehapter shall be transferable from
OHe person or entity to another persaR or entity. Upon the sale or transfer of an interest greater than 50
percent in a massage business, a license shall beoome null and void. .^~ nevI 8flplioation shall be made by
any person desiring to operate or maintain the establishment and shall iHelude a release of iRterest
statement from the previous lioensee and a signed lease or remal agreemefl:t f-or the establishment. (Ord.
No. 95 229, ~ 1,3 21 95; Ord. No. 03 153, ~ 6, 11 1 03)
9 480 Notifieation of suspeBsion, revoeation, denial or eivil penalty.
WheR the eity determines that there is eause fQr denying, suspenmag ar re'loking any lieense issued
pUi"suant to this artiele or assessiRg a eivil penalty, the eity elerk shall notify the person helding such
liecnse by personal serviee or registerea or eertified mail, return reeeipt requestea, of the deeisien. The
notiee shall speoify the grounds far the denial, suspefl:sioo, revoeatien or pefl:alty aSSeSSffiefl:t. The ei'lil
penalty shall be aue and the denial, suspension or revoeation shall beeome effeetive 10 days from the date
the notiee is delivered or deemed reeeived unless the person affeeted thereby files a ':irittefJ. request with
the eity clerk for a hearing before the hearing examiner withiR sueh 10 day peried. (Ord. Ne. 95 229, ~ 1,
3 21 95)
9 481l\uthority of hearing examiner.
The eity hearing examiner is designated to hear appeals by parties aggrievea by aetions ef the eity
elerk in suspending, re'lokiRg er denying a lioense or assessing a oivil }'lenalty parsuant to this artiele. The
hearing examiner may adopt reasonable rules or regulations for eondueting its business. Copies of seeh
rules and regulations shall be delivered to the eity elerk who shall make them freely aeoessi-l:lle to the
public. }Jl deoisions ana [mdings of the hearing exami:aer shall be refl:dered te the appellant in writing
with a eepy to the eity elerk. (Ord. No. 95 229, ~ 1,3 21 95)
9 182 Notiee of appeal.
iilly person falling under the provisions of this article may appeal from any netiee of sUSf)ension,
denial or reyoeation or ehil penalty assessment by filing 'l{ith the eity clerk within 10 days Hem the date
the notice is delivered or deemed reeeived, a written appeal oantaining:
(1) .^~ heading in the 'Nords "Before the Hearing Examiner for the oity of Federal Way";
(2) ,^~ caption reading "Appeal of " giving the names of all appellants partieipating in the
appeal;
(3) .^~ brief statement setting forth the legal interest of eaeh of the ap}'lellants partieipating in the
appeal;
(1) ,^~ brief statement in conoise language of the speoifio order or aetion protested, together ':lith any
material feets claimed to support the eontentions of the 8flpellant;
(5) .^... brief statement in oonoise language of the relief sought, and the reasons why it is olaimed the
protested order or action should be reversed, modified, or otherwise set aside;
(6) The signaMes of all parties named as appellants, and their official mailing addresses; and
(7) The verifioation, by declaration under penalty of perjury, of at least one ap}'lellant as to the truth of
the matters stated in the appeal. (Ord. No. 95 229, ~ 1,3 21 95)
9 483 Date, time, plaee for hearing.
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Page 7 of 12
As soon as practicable after receiving the writtoo appeal, the hearing examiner shall fiR a date, time,
and plaee for the hearing of the appeal. Sueh date shall be not less then lO days nor more than 60 days
from the date the appeal was filed with the eity clerk. Writtoo notice of the time and place of the hearing
shall be gi'l'Cn at least 10 days prior to the date of the hearing to each appellaBt by the hearing examiner's
office either by eausing a copy of such notice to be deli'/ered to the appellant personally or by fflailing a
copy thereof, postage prepaid, addressed to the appellant at his or her address sho'.vR on the appeal. (Ord.
No. 95 229, ~ 1,3 21 95)
9 484 Rights of appellaBt.
<^~t the hearing the appellant shall be entitled to appear iB person and be representea by counsel ana
off-er such evidence pertinent and material to the action of the city elerk. (Ord. No. 95 229, ~ 1,3 21 95)
9 48$ Seope of matters eonsidered in appeal.
Only those matters or issues specifically raised by the appellant iB the writtoo notice of appeal shall be
considered in the hearing of the appeal. (Ord. No. 95 229, ~ 1,3 21 95)
9 <186 ", aiyer of rightto appeal.
Failure of any person to file an appeal in accordanee with the pro'HsioBs of this diy-isioB shall constitute
a wai'/er of his or her right to aB aam:i:Bistrati'le hearing ana adjudication ef the notice aBa order, or any
portion thereof. (Ord. No. 95 229, ~ 1,3 21 95)
9 487 Stay of enforcement.
Enforcement of any notiee ana order of the city clerk shall be stayed dMring the pendency of an appeal
therefrom '.vhieh is properly and timely filed. The stay shall be lifted MpOO issuanee of the final aesision
of the city eouncil. (Ord. No. 95 229, ~ 1,3 21 95)
9 488 Aetion after hearing.
Upon completion of the heariBg, the examiner shall:
(1) f~ccept the city clerk's recommoodatien as presented;
(2) Determine no actieB is Y/arranted; or
(3) ModifY the recommended actioo. (Ord. No. 95 229, ~ 1,3 21 95)
9 <189 <A1ppeal from hearing examiner.
An appeal from a decision of the hearing examiner shall be te the city ofFederal....Vay city emHlcil and
shall be served and filed \-yith the city clerk Y/ithin 15 days of the decisioB of the hearing examiner. In the
e'lent the applicant or license holder does not follow the procedures Y/ithin the time perieds set forth in
this division, the action of the hearing examiner shall be final. (Ord. No. 95 229, ~ 1,3 21 95)
9 SOl Standards of safety and sanHatioB.
Every manager, massage practitioner, massage OYlner and any employee or agent of s1:1eh an
establishment shall comflly at a minimum with the following health and sanitary requirements:
(1) Each room or enclosure y:here massage services are performed 00 patrons shall be provided with
adequate lighting in accordance with the building code, and in addition, at least ene artificial light of not
less than 10 watts shall be proyided in each room or enclosure 'Nhere services are performed and shall be
in operation 'Nhen such services are performed.
(2) The premises shall have equipment for disinfecting and cleaning Bondisposable instruments and
materials used in administering massage services. Sush materials ana instruments shall be eleaned after
each use.
(3) Hot and cold running '...later shall be provided at all times.
Ordinance No. 09-598
Page 8 of 12
(4) Eaeh massage patron shall be furnished with an inck/idual eleoo to'Nel. Tev/els shall not be reused
until they have been washed and sanitized. There shall be adequate storage faeilities fer to'.Yel and mat
storage.
(5) }..Il massage tables, bathtubs, shower stalls, satffia baths, steam or bath areas shall have surfaees
Y/hieh may be readily eleaned. They shall be covered 'Nith siRgle service tewels when in \:lse.
(6) Oils, creams, lotions er ether preparations used in administering massages shall be kept in dean
containers or eabinets.
(7) Dressing, locker and toilet facilities shall be preyided upon request for all patrons served at any
given time. Upon the request of a patron, the licensee shall provide the patroR with faeilities to leek or
seeure personal property. Male and female patrons shall not sim\:lltaneously \:lse eommon shewer and/or
bathtub, dressing, toilet and massage room faeilities.
(8) <^..Il walls, ceiling, floors, pools, shO'.vers, bathtubs, steam rooms and all other physical faeilities
shall be iR good repair and maintained in a clean and sooitary condition. Wet aRa dry heat rooms, steam
or ',Taper rooms, or steam. or '/apor eabinets, shower compartments, aRa toilet roems shall be thorOl:lghly
eleaned each day the business is in operation. Bathtubs and shov/ers shall be thoroughly cleaRed after
eaeh use.
(9) Eaeh massage praetitioner shall wash his or her hoods in het running water using soap er
disinfectant bef-ore and after administering a massage to each patron.
(10) Ne persoR shall eonsume food or aleoholic beverages in massage work areas.
(11) /... person suffering from infeetious or eontagieus disease(s) transmittable by toueh shall :Ret be
treated by ooy licensed massage business or massage praetitioner. <^1 massage praetitioner who is s\:lffering
from infeetious or contagio\:ls aisease(s) shall not administer massage sernees.
(12) All massage establishments shall eontinuously comply with all applieable b\:lilding, fire and
health ordinances and regulations.
(13) <\11 plumbiRg shall be iRstallea according to the eity's plumbiRg eode aRa shall be free ef
potential cross connections. All toilet facilities shall be a'failable as reql:lired iR the eity's pklmbiRg eode,
applicable to places of assembly.
(11) <^..11 exercise equipment and appliances shall be routiRely eheeked for possible s1ruetural
weaknesses and shall be maintained in a safe ood sanitary maflfler at all times.
(15) Any facilities using ultraviolet exposure reems in their establishmeRt shall post maximum
exposure time. (Ord. No. 95 229, ~ 1,3 21 95)
9 S02 Standards of eonduet/operation.
(a) Ovmer/manager requirements. The following standards of eonduet aRd operatioR shall be adhered
to by the o\'mer, proprietor, manager, or person in charge ef ooy massage b\:lsiness:
(1) <^..ny person who is employed to give a massage must be at least 18 years of age and be validly
licensed as a massage practitioner pursuant to state law.
(2) f1t all times dwing the hours a massage business is open for busiHess, and/or dwing the preseRee
of patrons, at least one '/alidly lieensed massage praetitioner lllilst be on the premises.
(3) f.ny person who is employed by a massage business must present documentation that he or she
has attained the age of 18 years 'NheR an inspeetion pl:lfsuant to this article is eonooeted. Proper
doeumentation shall be as desoribed inF\VCC .2..j]Q(b)(3).
( 1) Provide that all doors in such premises, exeluding doors in the offiee and storage rooms, unless
such doors provide aeeess to serviee areas, are so equipped that they may not be fastened sh\:lt so as to
prevent reasonable aeeess by sueh authorities 'uno announce their authority to enter prior to inspeetion.
(b) <^..Illieenses. The following standards of eonduet and operatien shall be adhered to by alllieensees:
(1) f..Illieensees shall eomply with all applieable federal, state ood loealla';;s, ineluding all safety and
sanitation requirements and the eity's building, fire and zoning eedes;
(2) f..Il lieensees shall allow any poliee officer, the eity manager or his er her designee, or a
representative from the Seattle King County health department or the Federal "'Nay fire department entry
Ordinance No. 09-598
Page 9 of 12
to the premises during the hours the massage business is open for business, upon presentation of proper
idcntifieation, for purposes of inspecting the premises;
(3) Maintain business reeeipts sho'Ning the date of serviee(s) given, the type of serviee(s) rendered
and the name and eity lieense number of the employee rendering the service(s). These business reeeipts
shall be retained for a period of three years after the date of the seni.ee(s), and shan be open te inspeetion
by the eity elerk and the Federal Way poliee department;
(1) Post in a prominent plaee a list ef all serviees offered with a brief deseriptien of vlhat the seni.ee
entails along with the eosts ef sueh seni.ce(s). All business transaetioRs with the eustomers must be
eondueted in aeoordanee with the said posted list;
(5) Not distribute or eonsurne any aleoholie beverages and/or eontrolled substanees on lieeRsed
premises; and
(6) Not allow any unlieensed massage.
(e) Minors. It shall be ill'llav;ful for the o'.vner, manager, or any massage praotitiOl'ler, or any empleyee
or ageffi te admit anyone under the age of 18 years of age and permit them to remain in or about sueh
premises, unless sueh person is aeeempanied by or presents the 'lIritten eensent of his er her parent or
legal guardian.
(d) Prostitution. It shall be unla',yful fer any ewner, manager, massage praetitioner, or any employee or
ageRt to kRe'l,'ingly harbor, admit, reeei'l6 or permit to be or remaiR in or abem sueh premises any
prostitute or any person \:1Rder the influeeee of any nareotie er dangerous drug or to perferm or allo'.v to
be performed any act, massage er maniplliation in which eentact is made ...;4th another's genital areas
either by hand, body or by any meehanieal deviee or objeet, whether it is ea'fered or uneevered, elothed
or unelothed, in 'l,'hole or in part.
(e) Clothing required. It shall be unlawfal for any OYfller, manager, massage praetitioner, or any
employee or agent to disrobe or be partially cHSi"abed in the presenee of aRether while iR any faeility
defined in this artiele.
(f) Supervision Inspeetion. The oymer or manager shall have the premises sl:1pervised at all times
'Nhen open for business. Rooms and stalls l:lsed for the purpose ef massage shall be eonstrueted iR sueh a
manner as to permit inspection. (Ord. No. 95 229, ~ 1,3 21 95; Ord. Ne. 03 153, ~ 7, 11 1 03)
9 S03 Internal warning s)'stems pr9hihited.
fJlY business required ta l3e lieensed lffider this artiele shall not install any deviee that is designed as an
internal warning system and no persons shall use any de'liee for alerting persons in ether portions ef the
buildiRg. (Ord. No. 95 229, ~ 1,3 21 95)
SECTION 5. Chapter 9, Article X, Section 9-614, of the Federal Way City Code shall be
amended to read as follows:
9-614 License - Expiration - Due date.
(a) Expiration. All licenses issued or renewed under the provisions of this chapter shall expire on the
thirty-first of December of each year.
(b) Due date. All license fees required by FWCC 9-615, and pursuant to the Federal Way fee
resolution, are payable to the city at least four weeks prior to the opening of public bathhouse.
(c) Pro-ration. The entire annual license fee shall be paid the applicable calendar year regardless of
when the application license is made, and shall not be prorated for any part of the except that if the
original application for license is made subsequent to June 30th, the license fee for the remainder of that
year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained
and paid in full by January 31 st of each respective calendar year.
(d) Failure to renew. Failure to renew shall invalidate the license and all privileges granted to the
licensee.
Ordinance No. 09-598
Page 10 of 12
(Ord. No. 95-230, S 1,3-21-95)
SECTION 6. Chapter 14, Article N, Section 14-138, of the Federal Way City Code is hereby
repealed as follows:
14 138 Business registration.
No perSOR sHall engage in or carry OR afl:Y business or operate any place for entrance to which an
admission charge is made without first having obtained from the city a business registration as provided
in Chapter 9 FWCC. Such registration shall be posted in a conspicuous place in each ticket or box office
'NHere tickets of admission are sold.
(Ord. No. 02 132, ~ 1, 11 1902)
SECTION 7. Severability.
Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 8. Concurrent Legislation. Currently pending ordinances or resolutions may amend
the same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by' any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references
thereto.
SECTION 10. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Ordinance No. 09-598
Page 11 of 12
SECTION 11. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of January, 2009.
CITY OF FEDERAL WAY
ATTEST:
c~~I!J1B&~LY'CMC
APPROVED AS TO FORM:
'-j ~t( k~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL: 01-06-2009
PUBLISHED: 01-10-2009
EFFECTIVE DATE: 02-09-2009
ORDINANCE NO.: 09-598
Ordinance No. 09-598 Page 12 of 12