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Ord 03-453 ORDINANCE NO. 03-453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTIONS OF ARTICLE IX TO CHAPTER 9 OF THE FEDERAL WAY CITY CODE REGARDING MASSAGE PRACTITIONERS (AMENDING ORDINANCE NO. 95-229). WHEREAS, regulation of massage businesses is necessary to prevent activities that are detrimental to the public health, safety, morals, and the general welfare of the citizens of the City of Federal Way, and WHEREAS, regulation of massage businesses is necessary to reduce significant criminal activity, including prostitution and breaches of the peace, that have historically and regularly occurred in the massage business, and, WHEREAS, the Washington State Board of Massage now regulates massage practitioners, WHEREAS, the State Legislature has determined under RCW 35.21.692 that a state licensed massage practitioner will not be subject to additional licensing requirements not currently imposed on similar health care providers, such as physical therapists or occupational therapists, and, WHEREAS, the Federal Way City Council has determined it is in the best interest of the public to revise the Federal Way City Code in regards to message practitioners for consistent enforcement of state laws, and, WHEREAS the Federal Way City Code needs to comply with the revisions to ORD # 03-453 ,PAGEl ORIGINAL the state law regarding massage practitioners, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment. Chapter9, Article IX, Section 9-472 of the Federal Way City Code is hereby amended as follows: 9-472 License for massage practitioners. It is unlawful for any person to perform a massage or represent himself or herself as a massage practitioner without first applying for and receiving from tho city a m~ss~ge pr~ctitioner license and being in possession of a current, valid Washington State massage practitioner's license. (Ord. No. 95-229, § 1, 3-21-95) SECTION 2. Amendment. Chapter 9, Article IX, Section 9-475 of the Federal Way City Code is hereby amended as follows: 9-475 License fees. (a) Amount of fee. Applicants granted a license under this chapter shall pay to the city the following fees prior to the issuance of their license: Massage Business $15.00 per year M~ssago Pr~ctitioner $15.00 per ye~r Massage Manager $15.00 per year Annual Renewal Fee $15.00 per year Massaqe Practitioner (not employee of reqistered massaqe business): qeneral business ORD # 03-453 , PAGE 2 license requirements of Chapter 9, Article II apply. (b) Late penalty. A late penalty shall be charged on all applications for renewal of a license received later than seven working days after the expiration date of such license. The amount of such penalty is fixed as follows: Days Past Due Additional Percentage of License Fees 8-30 25% 31 - 60 50% 61 and over 100% (Ord. No. 95-229, § 1, 3-21-95) SECTION 3. Amendment. Chapter 9, Article IX, Section 9-476 of the Federal Way City Code is hereby amended as follows: 9-476 License applications. (a) Massage business. All applications for a massage business license or license renewal shall be submitted in the name of the person or entity proposing to conduct such massage business on the business premises, shall be signed by such person or his or her legally authorized agent, and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city clerk, which shall require the following information: (1) The name, residence address, residence telephone number, date and place of birth, driver's license number, and Social Security number of the applicant if the applicant is ORD# 03-453 , PAGE 3 an individual or 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 social security numbers of any partners, corporate officers, or shareholders who own 10 percent or more of the business, or other persons who have a substantial interest or management responsibilities in connection with the business, specifying the interest or management responsibility of each. For the purpose of this subsection "substantial interest" shall mean ownership of 10 percent or more of the business, or any other kind of contribution to the business of the same or greater size; (4) The name of the landlord or property owner of the property on which the business is situated. (b) Mass~ge practitioner. ,AJI applic~tions for a m~ssage pr~ctitioner's license or license ronov:~1 sh~1I bo signed by tho ~pplicant ~nd not~rized or cortified to be truo under pen~lty of perjury. All applications shall be submitted on ~ form supplied by the city clerk, which shall require, at a minimum, the follo'l.'ing information: (1) The 3pplic=:mt's name, residence 3ddress, residencetelophono number, d3te and place of birth, driver's license number and social security number; (2) A letter, d3ted no more than 30 days prior to the submission of the application, from the owner of the business, if applicable, indic3ting the owner's intent to employ the applicant on a specified date; (3) Written proof that the applic3nt is 18 years of age or older. VVritten proof sh311 mean , PAGE 4 ORD # I 03-453 the follov:ing: a. /\ current motor vehicle operator's license issued by any state bearing the applic3nt's photograph and date of birth; or b. l\ valid identification card issued by the st3te of '.^lashington which bears the 3pplic3nt's photogr3ph and d3te of birth; or c. ^ current p3ssport; (1) Photocopy of a current valid V'/3shington St3te mass3ge practitioner's license issued pursuant to Chapter 18.108 RC'N, as no'll existing or hereafter amended or photocopy of a current valid professional license issued by the state of \^!ashington pursu~nt to RC\^J Title 18, as nmv existing or hereafter 3dopted or ~mended, 't.'hich authorizes the 3pplicant to perform massage treatments. The origin31 of said license shall be presented to the city clerk at the time the license application is submitted; 3nd (5) The mailing address 3nd street address of all places within the city 3t which the m3ssoge pr3ctitioner will provide services. The mass3ge practitioner sh311 notify the city clerk, in writing, of any changes in or additions to, the locations of massage practice v:ithin 11 days of any such ch3nge or 3ddition. (6Q) Massage manager. All applications for a massage manager's license or license renewal shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city clerk, which shall require, at a minimum, the following information: (1) The applicant's name, residence address, residence telephone number, date and ORD # 03-453 , PAGE 5 place of birth, driver's license number and social security number; (2) A letter, dated no more than 30 days prior to the date of the submission of the application, from the owner of the business indicating intent to employ the applicant on a specified date; (3) Written proof that the applicant is 18 years of age or older as provided for in subsection (b)(3) of this section; (4) The mailing address and street address of all places within the city of Federal Way at which the massage manager will provide services. The massage manager shall notify the city clerk, in writing, of any changes in, or additions to, the location of such services within 14 days of any such change or addition. (å.Ç) Background checks. All applications submitted pursuant to this chapter will be submitted to a background check in accordance with the procedures of the Federal Way police department. (Ord. No. 95-229, § 1, 3-21-95) SECTION 4. Amendment. Chapter 9, Article IX, Section 9-477 of the Federal Way City Code is hereby amended as follows: 9-477 Standards for denial of application for license. (a) Massage business license. The city clerk may deny any massage business license request if he or she determines that the applicant has: (1) Made any material misstatement in the application for a license; (2) Proposed a place of business or operates a business which fails to comply with all applicable requirements of this Code including without limitation the zoning, building, ORD # ~-453 -' PAGE 6 health and fire codes and all other applicable local, state, or federal laws, rules or regulations; (3) Had any convictions which have a direct connection with the licensed activity including, but not limited to, theft, prostitution, promotion or permitting prostitution, sexual offenses, consumer fraud, massage practitioner or massage manager violation, or obscenity within five years prior to the date of such application; or (4) Had a massage business license denied, revoked or suspended by the city, or any other jurisdiction within five years prior to the date of such application. -<b) Massage practitioner license. The city clerk may deny any massage practitioner license 3pplied for under the provisions of this ch3pter if the city clerk determines that the applicant has: -<1) Made any material misstatement in the application for a license; or (2) Had any cånvictions 'Nhich have a direct connection with the licensed 3ctivity including, but not limited to, theft, prostitution, sexu31 off{)nse, consumer fr3ud, massage practitioner or manager viol~tion, or obscenity, within five ye3rs prior to the d3te of 3pplic3tion; or (3) Had a massage practitioner or massage manager license denied, revoked or suspended by the city, or any other jurisdiction five years prior to the date of the applic3tion; -<-1) Had a Washington State m3ssage pr3ctitioner's license suspended or revoked which had been issued pursuant to Chapter 18.108 RCVV, as nO'N existing or hereafter ORD # 03-453 , PAGE 7 ~mended or had any professional license revoked which had been issued pursuant to RCVV Title 18, as now existing or here~ftGr amended, which license authorized performing massage treatments. (6Q) Massage manager license. The city clerk may deny any massage manager license applied for under the provisions of this chapter if the city clerk determines that the applicant has: (1) Made any material misstatement in the application for a license; or (2) Had any convictions which have a direct cånnection with the licensed activity including, but not limited to, theft, prostitution, sexual offense, consumer fraud, massage practitioner or manager violation, or obscenity, within five years prior to the date of application; (3) Had a massage practitioner or massage manager license denied, revoked or suspended by the city or any other jurisdiction within five years prior to the date of application; or (4) Had a Washington State massage practitioner's license suspended or revoked which had been issued pursuant to Chapter 18.108 RCW, as now existing or hereafter amended or had any professional license revoked which had been issued pursuant to RCW Title 18, as now existing or hereafter amended, which license authorized performing massage treatments. (eç) Effect of license denial. If any applicant has a license denied based upon a conviction classified as a felony, or any other nonfelony convictions, pursuant to this ORD # 03-453 , PAGE 8 section, a license shall not be granted within five years from the date of such denial. If any applicant has a license denied for any other reason, a license shall not be granted within three years from the date of such denial. (Ord. No. 95-229, § 1, 3-21-95) SECTION 5. Amendment. Chapter 9, Article IX, Section 9-478 of the Federal Way City Code is hereby amended as follows: 9-478 Standards for suspension or revocation of license. (a) Massage business license. The city clerk may revoke or suspend a massage business license if he or she determines that the licensee has: (1) Failed to comply with FWCC 9-501, 9-502 or any of the other requirements of this chapter; or (2) Failed to comply with the applicable building, health, fire and/or zoning code provisions or with any other applicable federal, state or local laws, rules or regulations; or (3) With knowledge employed persons who, within a period of the preceding five years have been convicted of prostitution or consumer fraud stemming from activities conducted on the licensed premises, or who have been arrested for such offenses and which lead to such convictions; (4) Had any convictions which have a direct connection with the licensed activity, including but not limited to, consumer fraud, theft, controlled substances, prostitution, permitting or promoting prostitution, sexual offenses, or obscenity; or (5) Failed to comply with or done anything which constitutes a basis for denying a ORD# 03-453 -' PAGE 9 license application. (b) Notice of violation. If the city clerk, the building official, or his or her agent determines during an inspection that the condition of any massage business needs correction, a written notice of violation shall be issued to the supervisor, manager, owner, or person in charge specifying such violations. Those same violations shall be remedied within 48 hours unless a later date is determined by the city clerk. Failure to comply with any written notice of violation to make corrections may result in suspension or revocation of the massage business license. -<c) M::Jssage practitioner license. Tho city clerk may suspend or revoke any m::Jssage pr3ctitioner's license if he or she determines that the licensee has: (1) Failed to comply with any of the oper~ting requirements set out in FWCC 9 501, 9 502 or 3ny of the other requirements of this chapter; or -<2) Had any convictions which have a direct connection with the licensed activity including, but not limited to, theft, prostitution, consumer fraud, obscenity, or sexual offenses; or (3) Failed to comply ,....ith or done anything 'Nhich constitutes ~ b3sis for denying ::J license application. (dç) Massage manager license. The city clerk may suspend or revoke any massage manager license if he or she determines that the licensee has: (1) Failed to comply with any of the operating requirements set forth in FWCC 9-501 and 9-502 or failed to comply with any of the other requirements of this chapter; or ORD # 03-453 ,PAGE 10 (2) Had any convictions which have a direct connection with the licensed activity including, but not limited to, theft, prostitution, consumer fraud, obscenity, or sexual offenses; or (3),Failed to comply with or done anything which constitutes a basis for denying a license. (eg) Effect of license revocation. If any applicant under this chapter has his or her license revoked, a license shall not be granted under this chapter for a period of at least five years from the date of such revocation. (f~) Duration of license suspension. The city clerk may suspend a license for no more than six months. (Ord. No. 95-229, § 1, 3-21-95) SECTION 6. Amendment. Chapter 9, Article IX, Section 9-479 of the Federal Way City Code is hereby amended as follows: 9-479 Transfer of licenses and change of location. (a) Massage business. No massage business license issued under this chapter shall be transferable from one person or entity to another person or entity. Upon the sale or transfer of an interest greater than 50 percent in a massage business, a license shall become null and void. A new application shall be made by any person desiring to operate or maintain the establishment and shall include a release of interest statement from the previous licensee and a signed lease or rental agreement for the establishment. (b) Massage practitioner. The massage pr3ctitioner license, when issued, shall be valid ORD# 03-453 , PAGE 11 only f-or the m3SSage ost:::1blishmont listed on tho license; provided, ho'Never, if tho practitioner provides m3ssage solely in the client's residence, the license will 50 note and '.viII be valid for such purpose. Before commencing work as :::1 maSS~ge pr3ctitioner for a new employer, a massage practitioner shall submit a letter, dated no more th3n 30 d~ys prior to the d~te of submitbl, from tho new employer indic~tingintent to employ the applicant including the effective d:::1te of such employment :::1nd must h3ve his or her license ~mended by the city clerk for ~ f-oo :::1S set forth in tho Foder~1 VV3Y f{)e resolution. (Ord. No. 95-229, § 1, 3-21-95) SECTION 7. Amendment. Chapter 9, Article IX, Section 9-502 of the Federal Way City Code is hereby amended as follows: 9-502 Standards of conduct/operation. (a) Owner/manager requirements. The following standards of conduct and operation shall be adhered to by the owner, proprietor, manager, or person in charge of any massage business: (1) Any 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 this chapter 3nd state law. (2) At all times during the hours a massage business is open for business, and/or during the presence of patrons, at least one validly licensed massage practitioner must be on the premises. ORD # 03-453 , PAGE 12 (3) Any person who is employed by a massage business must present documentation that he or she has attained the age of 18 years when an inspection pursuant to this chapter is conducted. Proper documentation shall be as described in FWCC 9- 4 76(b )(3). (4) Provide that all doors in such premises, excluding doors in the office and storage rooms, unless such doors provide access to service areas, are so equipped that they may not be fastened shut so as to prevent reasonable access by such authorities who announce their authority to enter prior to inspection. (b) All licenses. The following standards of conduct and operation shall be adhered to by all licensees: (1) All licensees shall comply with all applicable federal, state and local laws, including all safety and sanitation requirements and the city's building, fire and zoning codes; (2) All licensees shall allow any police officer, the city manager or his or her designee, or a representative from the Seattle-King County health department or the Federal Way fire department entry to the premises during the hours the massage business is open for business, upon presentation of proper identification, for purposes of inspecting the premises; (3) Maintain business receipts showing the date of service(s) given, the type of service(s) rendered and the name and city license number of the employee rendering the service(s). These business receipts shall be retained for a period of three years after the date of the service(s), and shall be open to inspection by the city clerk and the , PAGE 13 ORD # 03-453 Federal Way police department; ('1) In the case of massage practitioners licensed under the provisions of this 3rticle, maintain in good standing a current 'N3shington State massage practitioner's license; (61) Post in a prominent place a list of all services offered with a brief description of what the service entails along with the costs of such service(s). All business transactions with the customers must be conducted in accordance with the said posted list; (ê§) Not distribute or consume any alcoholic beverages and/or controlled substances on licensed premises; and (-7§.) Not allow any unlicensed massage. (c) Minors. It shall be unlawful for the owner, manager, or any massage practitioner, or any employee or agent to admit anyone under the age of 18 years of age and permit them to remain in or about such premises, unless such person is accompanied by or presents the written consent of his or her parent or legal guardian. (d) Prostitution. It shall be unlawful for any owner, manager, massage practitioner, or any employee or agent to knowingly harbor, admit, receive or permit to be or remain in or about such premises any prostitute or any person under the influence of any narcotic or dangerous drug or to perform or allow to be performed any act, massage or manipulation in which contact is made with another's genital areas either by hand, body or by any mechanical device or object, whether it is covered or uncovered, clothed or unclothed, in whole or in part. ORD # 03-453- ,PAGE 14 (e) Clothing required. It shall be unlawful for any owner, manager, massage practitioner, or any employee or agent to disrobe or be partially disrobed in the presence of another while in any facility defined in this chapter. (f) Supervision -Inspection. The owner or manager shall have the premises supervised at all times when open for business. Rooms and stalls used for the purpose of massage shall be constructed in such a manner as to permit inspection. (Ord. No. 95-229, § 1, 3- 21-95) SECTION 8. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity ofthe application thereofto any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 9. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 10. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this -!t..thday of November ,2003. CITY OF FEDERAL WAY ,ð~ YOR, JEANNE BURBIDG \ A-J ORD #( 03-453 , PAGE 15 (~ APPROVED AS TO FORM: /J ~.Ií! :Ød~#~ C TY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH1¡}'-fi,(DßI'Y CLERK: 10/14/03 PASSED BY THE CITY COUNCIL: 11/04/03 PUBLISHED: 11/08/03 EFFECTIVE DATE: 11/13/03 ORDINANCE NO. 03-353 ORD #~}=-45} -' PAGE 16