Ord 95-229
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ORDINANCE NO.
95-229
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO
MASSAGE BUSINESSES.
WHEREAS, the activities defined and regulated hereinafter
are detrimental to the public health, safety, morals, and the
general welfare of the citizens of the city of Federal Way and,
therefore, such activities must be regulated as provided herein,
and
WHEREAS, based upon the testimony of law enforcement
officers and members of the public, and upon evidence, information,
documents and materials submitted to and reviewed by the Federal
Way City Council, the Federal Way city Council makes the following
findings of fact:
1. The use of property to operate, conduct or maintain
massage businesses is a use which has serious objectionable
operational characteristics. These operational characteristics
include a wide range of criminal and other unlawful activities that
have regularly and historically occurred, including prostitution,
narcotics violations, breaches of the peace, assaults, and sexual
conduct involving contact between patrons and between massage
practitioners and patrons, some of whom have been minors; and
WHEREAS, massage practitioners, as health care providers
who have met state-mandated educational requirements, provide a
valuable public service which should be available to the citizens
of Federal Way, and
WHEREAS, regulation of the massage business is necessary
because in the absence of such regulation significant criminal
activity has historically and regularly occurred. This history of
criminal activity in the massage business has included prostitution
and breaches of the peace and the presence within the industry of
individuals with hidden ownership interests and outstanding arrest
warrants, and
WHEREAS, it is necessary to license massage practitioners
in the massage business to prevent the exploitation of minors; to
ensure that each such massage practitioner is an adult; and to
ensure that such massage practitioners have not assumed a false
name, which would make regulation of the massage practitioner
difficult or impossible, and
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WHEREAS, it is necessary to have a licensed manager on
the premises of establishments offering massages at such times as
such establishments are offering massages so that there will at all
necessary times be an individual responsible for the overall
operation of the establishment, including the actions of patrons,
massage practitioners and other employees, and
WHEREAS, the license fees required hereinafter are
necessary as normal fees imposed as necessary regulatory measures
designed to help defray the substantial expenses incurred by
Federal Way in regulating the massage businesses industry, and
WHEREAS, hidden ownership interests for the purposes of
skimming profits and avoiding the payment of taxes have
historically occurred in the massage business industry in the
absence of regulation. These hidden ownership interests have
historically been held by organized and white collar crime
elements. In order for Federal Way to effectively protect the
public health, safety, morals, and general welfare of its
citizenry, it is important that the city be fully apprised of the
actual ownership of massage businesses, and
WHEREAS, the objectionable operational characteristics
related to the operation of massage businesses are the most
serious, and pose the greatest threat to the welfare of the
ci tizens of Federal Way, when conducted in close proximity to
places where minors gather, and
WHEREAS, the Washington State Board of Massage now
regulates massage practitioners. The Federal Way City Code needs
to comply with the revisions to the state law regarding the
practice of massage. Further, the Washington State Board of
Massage does not regulate the business of massage businesses.
Therefore, the city must regulate these businesses, AND NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1. New Article. A new article entitled "Massage
Businesses" is adopted to read as follows:
ARTICLE IX.
Massage Businesses
DIVISION I.
Generally
Sec. 9-463. Definitions. For the purposes of this chapter,
the following terms, words and phrases shall have the following
meanings:
(1)
"City" means the City of Federal Way, Washington.
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(2) "city Clerk"
Federal Way, Washington.
means the city Clerk of the City of
(3) "Conviction" means an adjudication or conviction of
guilt and occurs at such time as a plea of guilty has been accepted
or a verdict of guilty has been filed, notwithstanding the pendency
of any future proceedings including but not limited to sentencing
or disposition, post-trial or post-fact finding motions, and
appeals. Conviction also means a bail forfeiture and includes all
instances in which a plea of nolo contendere is the basis for the
conviction and all proceedings in which the sentence has been
deferred or suspended.
(4) "Genitals" means genitals, pubic area, anus,
perineum of any person, or the vulva or breasts of a female.
or
(5) "Manager" means any person who manages, directs,
administers, or is in charge of, the affairs and/or the conduct of
any portion of any activity involving massage practitioners
occurring at any place offering massage.
(6) "Massage" means the treatment of a human body by
another by the external manipulation or pressure of soft tissue.
Massage includes rubbing, kneading, touching, stroking, tapping or
any other manipulations with or without the aids of superficial
heat, cold, water, lubricants, or salts, and including the use of
equipment, machinery or appliances.
(7) "Massage business" means the operation of a business
providing massages.
(8) "Massage practitioner" means a person engaged in the
practice of massage.
Sec. 9-464. Business Reqistration. Unless otherwise
specified, the general business registration provisions, contained
in the Federal Way City Code, Chapter 9 shall apply to this license
section.
Sec. 9-465.
Penalties.
(1) Criminal Penaltv. Any person violating any of the
terms of this article shall be guilty of a misdemeanor and upon
. conviction thereof, be punished as provided in section 1-13 of this
code.
(2) civil Penaltv. In addition to any other penalty
provided in this section or by law, any person who violates any
provision of any business license ordinance shall be subject to a
civil penalty in an amount not to exceed $250.00 per violation to
be directly assessed by the city Clerk. All civil penalties
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assessed will be enforced and
specified under this article.
collected
with
the
procedure
Sec. 9-466. Additional 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 will constitute a violation of any provisions of this article.
Secs. 9-467--9-470
Reserved.
DIVISION 2.
Licenses
Sec. 9-471. License for business required. It is unlawful to
conduct, operate or maintain a massage business unless such
establishment or premises is licensed as hereinafter provided.
Sec. 9-472. License for massaqe Dractitioners. 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 the City a massage practitioner license and being in
possession of a current, valid Washington state massage
practitioner's license.
Sec. 9-473. License for manaqers. It is unlawful for any
person to manage a massage business without first applying for and
receiving a massage manager license.
Sec. 9-474.
License - EXDiration - Due date.
(1) Exciration. All licenses issued or renewed under the
provisions of this chapter shall expire on the 31st of December of
each year.
(2) Due Date. All license fees required by section 9-475 of
this chapter, and pursuant to the Federal Way Fee Resolution, are
payable to the City at least four (4) weeks prior to the opening of
any massage business, or the performance of any massage.
(3) Pro-ration. The entire annual license fee shall be paid
for the applicable calendar year regardless of when the application
for license is made, and shall not be prorated for any part of the
year except that if the original application for license is made
subsequent to June 30, 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 of each respective calendar year.
(4) Failure to Renew. Failure to renew shall invalidate the
license and all privileges granted to the licensee.
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Sec. 9-475.
License fees.
(1) 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
Massage Practitioner
Massage Manager
Annual Renewal Fee
$15 per year
$15 per year
$15 per year
$15 per year
(2) Late penalty. A late penalty shall be charged on all
applications for renewal of a license received later than seven (7)
working days after the expiration date of such license. The amount
of such penalty is fixed as follows:
Davs Past Due
Additional Percentaae of License Fees
8-30
31-60
61 and over
25%
50%
lOO%
Sec. 9-476.
License acc1ications.
(1) 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:
(a)
(b)
(c)
ORD #
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 an individual or tax identification number if the
applicant is a corporation or other entity;
The business name, address and telephone number of the
establishment;
The names, addresses, telephone numbers and social
security numbers of any partners, corporate officers, or
shareholders who own ten percent (10%) 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
ten percent (10%) or more of the b~siness, or any other
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kind of contribution to the business of the same or
greater size;
The name of the landlord or property owner
property on which the business is situated;
of
the
(2) Massage practitioner. All applications for a massage
practitioner's license or license renewal shall be signed by the
applicant and notarized or certified to be true under penalty of
perjury. All appl~cations shall be submitted on a form supplied by
the City Clerk, which shall require, at a minimum, the following
information:
(a)
(b)
(c)
Cd)
The applicant's name, residence address, residence
telephone number, date and place of birth, driver's
license number and social security number;
A letter, dated no more than thirty (30) days prior to
the submission of the application, from the owner of the
business, if applicable, indicating the owner's' intent to
employ the applicant on a specified date;
written proof that the applicant is eighteen (18) years
of age or older. written proof shall mean the following:
(i) a current motor vehicle operator's license issued
by any state bearing the applicant's photograph and
date of birth; or
(ii) a valid identification card issued by the state of
Washington which bears the applicant's photograph
and date of birth; or
(iii) a current passport.
Photocopy of a current valid Washington state massage
practitioner's license issued pursuant to Chapter 18.108
RCW, as now existing or hereafter amended or photocopy of
a current valid professional license issued by the state
of Washington pursuant to Title 18 RCW, as now existing
or hereafter adopted or amended, which authorizes the
applicant to perform massage treatments. The original of
said license shall be presented to the city Clerk at the
time the license application is submitted; and
The mailing address and street address of all places
within the City at which the massage practitioner will
provide services. The massage practitioner shall notify
the City Clerk, in writing, of any changes in or
additions to, the locations of massage practice within
fourteen (14) days of any such change or addition.
(3) Massage Manager. All applications for a massage
manager's license or license renewal shall be signed by the
(e)
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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:
(a)
(b)
(c)
(d)
The applicant's name, residence address, residence
telephone number, date and place of birth, driver's
license number, and social security number;
A letter, dated no more than thirty (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;
written proof that the applicant is eighteen (18) years
of age or older as provided for in section 9-476(2) (c);
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
fourteen (14) days of any such change or addition.
(4) 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.
Sec. 9-477.
Standards for denial of aÐÐ1ication for license.
(1) Massage business license. The city Clerk may deny any
massage business license request if he or she determines that the
applicant has:
(a)
(b)
(c)
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made any material misstatement in the application for a
license; .
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,
health and fire codes and all other applicable local,
state, or federal laws, rules or regulations;
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 (5) years prior to the date of such
application; or
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(d)
had a massage business license denied, revoked or
suspended by the City, or any other jurisdiction within
five (5) years prior to the date of such application.
(2) Massage practitioner license. The City Clerk may deny
any massage practitioner license applied for under the provisions
'of this chapter if the city Clerk determines that the applicant
has:
(a)
(b)
(c)
(d)
made any material misstatement in the application for a
license; or
had any convictions which have a direct connection with
the licensed activity including, but not limited to,
theft, prostitution, sexual offense, consumer fraud,
massage practitioner or manager violation, or obscenity,
within five (5) years prior to the date of application;
or
had a massage practitioner or massage manager license
denied, revoked or suspended by the city, or any other
jurisdiction five (5) years prior to the date of the
application.
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 Title 18 RCW, as now existing or
hereafter amended, which license authorized performing
massage treatments.
(3) 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:
(a)
(b)
(c)
ORD # 95-229
made any material misstatement in the application for a
license; or
had any convictions which have a direct connection with
the licensed activity including, but not limited to,
theft, prostitution, sexual offense, consumer fraud,
massage practitioner or manager violation, or obscenity,
within five (5) years prior to the date of application;
had a massage practitioner or massage manager license
denied, revoked or suspended by the city or any other
jurisdiction within five (5) years prior to the date of
application; or
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(d)
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 Title 18 RCW, as now existing or
hereafter amended, which license authorized performing
massage treatments.
(4) Effect of license denial. If any applicant has a license
denied based upon a conviction classified as a felony, or any other
non-felony convictions, pursuant to this section 9-477, a license
shall not be granted within five (5) 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 (3) years from
the date of such denial.
Sec.
license.
9-478.
standards
susDension
or
revocation
for
of
(1) Massage business license. The City Clerk may revoke or
suspend a massage business license if he or she determines that the
licensee has:
(a)
(b)
(c)
(d)
(e)
failed to comply with sections 9-501,9-502 or any of the
other requirements of this chapter; or
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
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.
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
failed to comply with or done anything which constitutes
a basis for denying a license application.
(2) Notice of violation. If the city Clerk, the Building
Official, or his or her agent determines during an inspection that
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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 forty-eight (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.
(3) Massage practitioner license. The City Clerk may suspend
or revoke any massage practitioner's license if he or she
determines that the licensee has:
(a)
(b)
(c)
failed to comply with any of the operating requirements
set out in sections 9-501, 9-502 or any of the other
requirements of this chapter; or,
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,
failed to comply with or done anything which constitutes
a basis for denying a license application.
(4) Massage manager license. The city Clerk may suspend or
revoke any massage manager license if he or she determines that the
licensee has:
(a)
(b)
(c)
failed to comply with any of the operating requirements
set forth in sections 9-501 and 9-502 or failed to comply
with any of the other requirements of this chapter; or,
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,
failed to comply with or done anything which constitutes
a basis for denying a license.
(5) 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 (5)years
from the date of such revocation.
(6) Duration of License suspension. The city Clerk may
suspend a license for no more than six (6) months.
Sec. 9-479.
Transfer of Licenses and Chanqe of Location.
(1) Massaqe Business. No massage business license issued
under this chapter shall be transferable from one person or entity
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to another person or entity. upon the sale or transfer of an
interest greater than 50% 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.
(2) Massaqe Practitioner. The massage practitioner license,
when issued, shall be valid only for the massage establishment
listed on the license; provided, 'however, if the practitioner
provides massage solely in the client's residence, the license will
so note and will be valid for such purpose. Before commencing work
as a massage practitioner for a new employer, a massage
practitioner shall submit a letter, dated no more than thirty (30)
days prior to the date of submittal, from the new employer
indicating intent to employ the applicant including the effective
date of such employment and must have his or her license amended by
the city Clerk for a fee as set forth in the Federal Way Fee
Resolution.
DIVISION 3.
Administration
Sec. 9-480. Notification of susÐension. revocation. denial or
civil Denalty. When the City determines that there is cause for
denying, suspending or revoking any license issued pursuant to this
article or assessing a civil penalty, the City Clerk shall notify
the person holding such license by personal service or registered
or certified mail, return receipt requested, of the decision. The
notice shall specify the grounds for the denial, suspension,
revocation or penalty assessment. The civil penalty shall be due
and the denial, suspension or revocation shall become effective ten
(10) days from the date the notice is delivered or deemed received
unless the person affected thereby files a written request with the
city Clerk for a hearing before the hearing examiner within such
ten(10)-day period.
Sec. 9-481. Authority of hearinq examiner. The city hearing
examiner is designated to hear appeals by parties aggrieved by
actions of the City Clerk in suspending, revoking or denying a
license or assessing a civil penalty pursuant to this article. The
hearing examiner may adopt reasonable rules or regulations for
conducting its business. copies of such rules and regulations
shall be delivered to the City Clerk who shall make them freely
accessible to the public. All decisions and findings of the
hearing examiner shall be rendered to the appellant in writing with
a copy to the City Clerk.
Sec. 9-482. Notice o~ aDDeal. Any person falling under the
provisions of this article may appeal from any notice of
suspension, denial or revocation or civil penalty assessment by
filing with the City Clerk within ten (10) days from the date the
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95-229
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notice is delivered
containing:
or
deemed
received,
a
(1)
(2)
(3)
(4)
(5)
(6)
(7)
written
appeal
A heading in the words: "Before the Hearing Examiner for
the City of Federal Way";
A caption reading: "Appeal of " giving
the names of all appellants participating in the appeal;
A brief statement setting forth the legal interest of
each of the appellants participating in the appeal;
A brief statement in concise language of the specific
order or action protested, together with any material
facts claimed to support the contentions of the
appellant;
A brief statement in concise language of the relief
sought, and the reasons why it is claimed the protested
order or action should be reversed, modified, or
otherwise set aside;
The signatures of all parties named as appellants, and
their official mailing addresses; and
The verification, by declaration under penalty of
perjury, of at least one appellant as to the truth of the
matters stated in the appeal.
Sec. 9-483. Date. time. clace for hearinq. As soon as
practicable after receiving the written appeal, the hearing
examiner shall fix a date, time, and place for the hearing of the
appeal. Such date shall be not less then ten (10) days nor more
than sixty (60) days from the date the appeal was filed with the
City Clerk. written notice of the time and place of the hearing
shall be given at least ten (lO) days prior to the date of the
hearing to each appellant by the hearing examiner's office either
by causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy thereof, postage prepaid, addressed
to the appellant at his or her address shown on the appeal.
Sec. 9-484. Riqhts of aDDellant. At the hearing the
appellant shall be entitled to appear in person and be represented
by counsel and offer such evidence pertinent and material to the
action of the city clerk.
Sec. 9-485. ScoDe of matters considered in aDDeal. Only
those matters or issues specifically raised by the appellant in the
written notice of appeal shall be considered in the hearing of the
appeal.
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Sec. 9-486. Waiver of riqht to aÐÐeal. Failure of aIW person
to file an appeal in accordance with the provisions of this
division shall constitute a waiver of his or her right to an
administ:ative hearing and adjudication of the notice and order, or
any portl0n thereof.
Sec. 9-487. Stay of enforcement. Enforcement of any notice
and order of the city Clerk shall be stayed during the pendency of
an appeal therefrom which is properly and timely filed. The stay
shall be lifted upon issuance of the final decision of the city
Council. .
Sec. 9-488. Action after hearinq.
hearing, the examiner shall:
Upon completion of the
(1) Accept the City Clerk's recommendation as presented;
(2) Determine no action is warranted; or
(3) Modify the recommended action.
Sec. 9-489. Appeal from hearinq examiner. An appeal from a
decision -of the hearing examiner shall be to the City of Federal
Way city Council and shall be served and filed with the City Clerk
within fifteen (15) days of the decision of the hearing examiner.
In the event the applicant or license holder does not follow the
procedures within the time periods set forth in this division, the
action of the hearing examiner shall be final.
Secs. 9-490--9-500.
Reserved.
DIVISION 4.
Regulations
Sec. 9-501. Standards of Safety and Sanitation. Every
manager, massage practitioner, massage owner and any employee or
agent of such an establishment shall comply at a minimum with the
following health and sanitary requirements:
(1) Each room or enclosure where massage services are
performed on patrons shall be provided with adequate lighting in
accordance with the building code, and in addition, at least one
artificial light of not less than forty (40) watts shall be
provided in each room or enclosure where services are performed and
shall be in operation when such services are performed.
(2) The premises shall have equipment for disinfecting
and cleaning non-disposable instruments and materials used in
administering massage services. Such materials and instruments
shall be cleaned after each use.
times.
(3)
Hot and cold running water shall be provided at all
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(4) Each massage patron shall be furnished with an
individual clean towel. Towels shall not be reused until they have
been washed and sanitized. There shall be adequate storage
facilities for towel and mat storage.
(5) All massage tables, bathtubs, shower stalls, sauna
baths, steam or bath areas shall have surfaces which may be readily
cleaned. They shall be covered with single-service towels when in
use.
(6) oils, creams, lotions or other preparations used in
administering massages shall be kept in clean containers or
cabinets.
(7) Dressing, locker and toilet facilities shall be
provided upon request for all patrons served at any given time.
Upon the request of a patron, the licensee shall provide the patron
with facilities to lock or secure personal property. Male and
female patrons shall not simultaneously use common shower and/or
bathtub, dressing, toilet and massage room facilities.
(8) All walls, ceiling, floors, pools, showers,
bathtubs, steam rooms and all other physical facilities shall be in
good repair and maintained in a clean and sanitary condition. Wet
and dry heat rooms, steam or vapor rooms, or steam or vapor
cabinets, shower compartments, and toilet rooms shall be thoroughly
cleaned each day the business is in operation. Bathtubs and
showers shall be thoroughly cleaned after each use.
(9) Each massage practitioner shall wash his or her
hands in hot running water using soap or disinfectant before and
after administering a massage to each patron.
(10) No person shall consume food or alcoholic beverages
in massage work areas.
(11) A person suffering from infectious or contagious
disease(s) transmittable by touch shall not be treated by any
licensed massage business or massage practitioner. A massage
practitioner who is suffering from infectious or contagious
disease(s) shall not administer massage services.
(12) All massage establishments shall continuously comply
with all applicable building, fire and health ordinances and
regulations.
(l3) All plumbing shall be installed according to the
city's plumbing code and shall be free of potential cross-
connections. All toilet facilities shall be available as required
in the city's plumbing code, applicable to places of assembly.
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(14) All exercise equipment and appliances shall be
routinely checked for possible structural weaknesses and shall be
maintained in a safe and sanitary manner at all times.
(15) Any facilities using ultraviolet exposure rooms in
their establishment shall post maximum exposure time.
Sec. 9-502.
Standards of Conduct/Oceration.
(1) 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:
(a) Any person who is employed to give a massage must be
at least eighteen (18) years of age and be validly licensed as a
massage practitioner pursuant to this chapter and state law.
(b) 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.
(c) Any person who is employed by a massage business
must present documentation that he or she has attained the age of
eighteen (18) years when an inspection pursuant to this chapter is
conducted. Proper documentation shall be as described in section
9-476{2){c).
(d) 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.
(2) All Licenses. The following standards of conduct
and operation shall be adhered to by all licensees:
(a) 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;
(b) 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.
(c) 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 (3)
ORD #
95-229
, PAGE 15
(
(
years after the date of the service{s), and shall be open to
inspection by the city Clerk and the Federal Way Police Department;
(d) In the case of massage practitioners licensed under
the provisions of this article, maintain in good standing a current
Washington state Massage Practitioner's license;
(e) 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;
(f) Not distribute or consume any alcoholic beverages
and/or controlled substances on licensed premises; and
(g)
Not allow any unlicensed massage.
(3) 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 eighteen (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.
(4) 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.
(5) 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.
(6) 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.
Sec. 9-503. Internal warninq systems Drohibited. Any
business required to be licensed under this chapter shall not
install any device that is designed as an internal warning system
and no persons shall use any device for alerting persons in other
portions of the building.
ORD #
C ~-2?C
, PAGE 16
(
(
Section 2. Severabilitv., 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 of the application thereof to
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 3. Ratification. Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 4. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
21st day of
M"TC"h
, 1995.
CITY OF FEDERAL WAY
~.ve xk~
MAYO, . Y E. GATES
"7YlLL ~
1I;(;TI1I8 CITY CLERK, N. CHRISTINE GREEN
APPROVED AS TO FORM:
~ .--
/,' , ç::.l K. LIN~ELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 95-229
February 28, 1995
March 21, 1995
March 25, 1995
March 30, 1995
K:\ORDIN\MASSAGE
ORD # 95-229
, PAGE l7