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HomeMy WebLinkAbout1529 OrdinanceORDINANCE NO. 1 529 AN ORDINANCE LICENSING PUBLIC MASSAGE PARLORS AND PUBLIC BATHHOUSES WITHIN THE CITY AND THEIR EMPLOYEES; DEFINING OFFENSES AND FIXING PENAL - TIES FOR VIOLATIONS. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. LICENSE REQUIRED - PUBLIC MASSAGE PARLOR - PUBLIC BATHHOUSE No person shall conduct, operate, or maintain a public massage parlor or a public bathhouse without first obtaining a license therefor as hereinafter provided. Section 2. LICENSE REQUIRED - MASSEUR - MASSEUSE - ATTENDANT No person shall act as a masseur or masseuse or as a public massage parlor attendant or as a public bathhouse attendant without first obtaining a license as hereinafter provided. Section 3. 1 DEFINITION: MASSAGE The method, art or science of treating the human body for hygienic, remedial, or relaxational purposes by rubbing, stroking, kneading, tapping, rolling, or manipulating the human body of another with the hands, or by any other agency or instrumentality., The term "massage" as used herein includes the use, in connection with massage treatment, of such appliances, equipment, and aids as heat lamps, electric cabinets designed to produce heat, steam baths given by cabinet or any other method, mineral baths either as complete or partial baths, baths by tub or shower or otherwise, baths administered hot or cold, using water, natural mineral water, a formula, or other liquid, and including colonic irrigation. Manipulation of the human body in the course of the practice of medicine, surgery, osteopathy, chiropractic, chiropady, naturopathy, dentistry, nursing, physical therapy, optometry, or any other of the healing arts by persons licensed by the State of Washington to practice such healing arts is not in- cluded in the term massage as used herein. Section 3.2 DEFINITION: PERSON Any individual, firm, partnership, association, corporation, company or organization of any kind. Section 3.3 DEFINITION: PUBLIC MASSAGE PARLOR Any place within the City of Pasco where massages are given or furnished for, or in expectation of, any fee, compensation, or monetary consideration. Section 3.4 DEFINITION: PUBLIC BATHHOUSE Any place within the City of Pasco where baths or facilities for baths of any kind whatever are given or furnished for, or in expectation of, any fee, com- pensation, or monetary consideration including, but not limited to: Finnish baths, Russian baths, sauna baths, Swedish baths, Turkish baths, baths by Ordinance No. -2- Date: hot air, steam, vapor, water or electric cabinet; PROVIDED, that "public bathhouse" for the purpose of this ordinance, does not include such baths or facilities for baths where no attendant or other person administers, or holds himself out as administering, massage treatment as herein defined, either by physical manipulation of the body or by the use of equipment. Section 3.5 DEFINITION: MASSEUR, MASSEUSE A male person, or a female person, respectively, who practices massage, or holds himself or herself out as practicing massage, for, or in expecta- tion of, any fee, compensation, or monetary consideration. Section 3.6 DEFINITION: PUBLIC MASSAGE PARLOR ATTENDANT Any person who administers to, or performs services to, patrons of a public massage parlor or who supervises the work of a masseur or masseuse or other person administering to, or performing services tos,uch patrons. Section 3.7 DEFINITION: PUBLIC BATHHOUSE ATTENDANT Any person who administers to, or performs services to, patrons of a public bathhouse or who supervises the work of such a person. The term does not include a person who performs only custodial or janitorial work. Section 3.8 DEFINITION: LICENSE A certificate issued by the City of Pasco authorizing a holder thereof to: (1) act as a masseur; or (2) act as a masseuse; or (3) act as a public massage parlor attendant; or (4) act as a public bathhouse attendant; or (5) operate a public bathhouse; or (6) operate a public massage parlor Section 4. EXEMPTIONS When no fee, compensation, or any other monetary consideration(axcept for payment of dues to a bona -fide social or athletic club for which the primary purpose is other than the services described herein) is paid, directly or indirectly, the provisions of this ordinance do not apply to: (1) Persons giving massage treatments or baths in a pri- vate residence or a private social or athletic club not open to the public generally; (2) Athletic coaches or trainers affiliated with public or private educational institutions or athletic organizations; (3) Students enrolled in schools of massage performibg such practices of massage as are incidental to their course of study. The provisions of this ordinance shall not apply to massage treatments given in any hospital, duly licensed nursing or convalescent home, or by physical therapists duly licensed, who treat patients only upon written prescription of a licensed doctor of medicine, or by any other person licensed by the State of Washington to treat the sick, injured, or infirm, or by any nurse under the direction of a person so licensed. 5-1-7z Ordinance No. -3- Date: Licensed beauty operators and barbers who perform only such acts of massage as are customarily given in beauty salons and barber shops for purposes of beautification only are also exempt from the provisions of this ordinance. Section S. FEES The fee for a public massage parlor license is hereby fixed at fifty dollars ($50.00) per annum, and the fee for a public bathhouse license is hereby fixed at twenty-five dollars ($25.00) per annum. An additional non-refundable application fee of ten dollars ($10.00) shall accompany each application for such a license. The fee for a license as a masseur, masseuse, public massage parlor attend- ant, or a public bathhouse attendant is hereby fixed at ten dollars ($10.00) . The City Clerk of the City of Pasco shall issue a student permit to any stu- dent who is enrolled in a state licensed school of massage. Fee for student permit shall be five dollars ($5.00) and shall be good for six (6) months from date of issuance. Students shall not be allowed to charge for services rendered until they have a Certificate of Graduation. Section 6. APPLICATION FOR AND RENEWAL OF LICENSE - PUBLIC MASSAGE PARLOR - PUBLIC BATHHOUSE No license or renewal of license to conduct a public massage parlor or pub- lic bathhouse shall be issued or renewed except upon written application filed with the City Clerk upon forms furnished by the City of Pasco, which shall be signed and sworn to by the person who intends to conduct, operate and maintain a public massage parlor or bathhouse. Such applications shall include the following: (a) The true name, home address and telephone number of the applicant. (b) The business name, business address and telephone number of the establishment or proposed establishment. (c) Whether applicant is a sole proprietorship, partner- ship or corporation; if a partnership, giving the names of all persons sharing in the profits of said business; if a corporation, giving the names of its officers, directors and shareholders, giving title, residence address and tele- phone number of each. (d) If applicant is a sole proprietorship or a partnership, stating whether the proprietor or the partners are of legal age. (e) Two 2" x 2" black and white photographs of the appli- cant, or in the case of a firm, the party signing the appli- cation, taken within six months of the date of the applica- tion, showing only the full face of such applicants . The two 2" x 2" black and white photographs shall be provided at the applicant's expense. The license, when issued, shall be posted and displayed in a conspicuous place in the establish- ment where such license is enjoyed, at all times, and such license shall not be tampered with in any manner. -1-7Z Ordinance No. -4- Date: ( f ) Such applicants, or party signing the application, shall also be required to submit to fingerprinting by the Police Department, and such fingerprints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investigation, Identification Division. (g) Whether the applicant or anyone owning an interest in the business or proposed business has ever been convicted of a felony or any crime involving moral turpitude. If so, stating the nature of the crime, the date of conviction, the name and location of the convicting court, and the disposi- tion thereof. (h) All assumed names or aliases which have been or are used by any person whose name appears on an application. Section 7. ISSUANCE AND RENEWAL OF LICENSE - PUBLIC MASSAGE PARLOR - PUBLIC BATHHOUSE Upon the filing of an application for issuance or renewal of a public massage parlor license or a public bathhouse license, the City Clerk shall ascertain from the City's Building Inspector whether the operation of such establishment at the business address shown on the application will be in compliance with the City's zoning regulations; and the City Clerk shall promptly refer the ap- plication to the Police Department with a request for an investigation of the statements contained in said application and for a written report to be made within 30 days by the Police Department containing the results of the investi- gation and any other matters pertinent to the application. The City Clerk shall also refer the application to the Benton -Franklin County Health District with a request for an inspection of the premises, or proposed premises, to determine their suitability and adequacy as to sanitary and physical conditions and to submit a written report thereon. If, from said reports and other information, it appears that the application and the premises are fit and proper, that the statements contained in the ap- plication are true; that the applicant or the owners of the applicant firm have not been convicted of a felony or any crime involving moral turpitude and that the applicant has complied with all the requirements of this ordinance, the City Clerk shall issue a license to the applicant; otherwise the license appli- cation shall be denied. Section 8. SUSPENSION OR REVOCATION OF LICENSES The City Council reserves unto itself the power to suspend or revoke any license issued under the provisions of this ordinance at any time where the same was procured by fraud or false representation of facts; or for violation of any of, or failure to comply with, the provisions of this ordinance by the person holding such license or any of his servants, agents, or employees; or the conviction of the person holding such license of a felony or any crime involving moral turpitude, or the conviction of any of his servants , agents or employees of a felony or any crime involving moral turpitude committed on the premises in which the licensed establishment is located; or in the event that it is determined that the further operation of such establishment would be detrimental to the public health or welfare of the citizens of the City of Pasco. 5- r -7z Ordinance No. Section 9. CONDITION OF PREMISES -5- Date: The premises and equipment of all public massage parlors and public bath- houses shall be maintained in a clean, safe and sanitary manner. Section 10. BUSINESS HOURS No public massage parlor or public bathhouse shall conduct business after the hours of 2: 00 o'clock A. M. , or prior to the hour of 8: 00 o'clock A. M. Section 11. UNLAWFUL TO ADVERTISE WITHOUT LICENSE It shall be unlawful to advertise the giving of massage treatments or public baths by a person or in an establishment not licensed or otherwise qualified pursuant to this Ordinance. Section 12. APPLICATION FOR OR RENEWAL OF LICENSE - MASSEUR - MASSEUSE - ATTENDANT No license or renewal of license to act as a masseur or masseuse, or public massage parlor attendant, or public bathhouse attendant, shall be issued or renewed except upon written application filed with the City Clerk upon forms furnished by the City of Pasco, which shall be signed and sworn to by the ap- plicant. Such application shall include the following: (a) The true name, home address, and telephone number of the applicant. (b) Whether the applicant has ever been convicted of a felony or any crime involving moral turpitude. If so, stating the nature of the crime, the date of conviction, the name and location of the convicting court, and the disposition thereof. (c) All assumed names and aliases which have been or are used by applicant. (d) Two 2" x 2" black and white photographs of the ap- plicant, taken within six months of the date of the appli- cation, showing only the full face of such applicant. The two 2" x 2" black and white photographs shall be provided at the applicant's expense. The license, when issued, shall be posted and displayed in a conspicuous place in the establishment where such licensee is employed, at all times, and such license shall not be tampered with in any manner. (e) Such applicant shall also be required to submit to fingerprinting by the Police Department, and such finger- prints shall be retained in the application file, a copy of which will be forwarded to the Federal Bureau of Investiga- tion, Identification Division. (f) The applicant's previous occupation and previous em- ployer. ,5-1--72- Ordinance No. -6- Date: Section 13. ISSUANCE AND RENEWAL OF LICENSE - MASSEUR - MASSEUSE - ATTENDANT Upon the filing of an application for a license to act as a masseur, mas- seuse, public massage parlor attendant, or public bathhouse attendant, the City Clerk shall refer the same to the Police Department with the request to investigate the statements contained in said application, and to furnish a written report within 30 days containing the results of the investigation, and any other matters pertinent to said application. The City Clerk shall refer the application to Benton -Franklin County Health District, with a request to examine the applicant physically to ascertain if said applicant is free from contagious or infectious disease and to make a written report thereon. If, from said reports and other information, it appears that the applicant is fit and proper; that the applicant is free of infectious or contagious disease; that the statements contained in the application are true; that the applicant has not been convicted of a felony or any crime involving moral turpitude and that the applicant has complied with all the requirements of this ordinance, the City Clerk shall issue a license to the applicant; otherwise the license application shall be denied. S ection 14. LICENSE SUSPENSION, REVOCATION, OR REFUSAL TO RENEW - GROUNDS The following shall be grounds for suspension, revocation, or refusal to renew any license of a masseur, masseuse, public massage parlor attendant, or public bathhouse attendant: (1) Fraud or deception in connection with securing the license. (2) Conviction of a felony or any crime involving moral turpitude. (3) Habitual drunkeness or intemperance in the use of narcotics or stimulants . (4) Conduct inimical to the public health or welfare. Section IS. EXPIRATION OF LICENSES All licenses issued or renewed pursuant to this ordinance shall expire one year from date of issuance unless revoked earlier. Section 16. LIQUOR Liquor (as that term is defined in the Washington State Alcoholic Beverage Control Act) shall not be distributed or consumed on the premises of any pub- lic massage parlor or public bathhouse. Section 17. PENALTY Any person convicted of a violation of this ordinance shall be guilty of a mis- demeanor, and shall be punished by a fine of not more than $500.00, or by imprisonment for not more than ninety (90) days, or by both such fine and im- prisonment. Ordinance No. -7- Date: Section 18. SEVERABILITY If any section of this ordinance, or any portion of any section of this ordinance, or its application to any person or circumstances, is held invalid, the remainder of the ordinance or the application of the provision to other persons and circum- stances shall not be affected. Section 19. Not withstanding the provisions of Sections 1, 2 and 11 of this ordinance, any public massage parlor or public bathhouse which is in operation within the City of Pasco and duly registered in accordance with the provisions of Ordinance No. 990, as amended, of the City of Pasco upon the date of enactment of this ordinance, and any employee of such establishment on such date, and any masseur, masseuse, public massage parlor attendant, or public bathhouse attendant actually actively engaged in such occupation within the City of Pasco on the date of enactment of this ordinance shall be permitted to continue such operation, such employment, or such occupation for a period not to exceed sixty (60) days from the effective date of this ordinance; PROVIDED, that ap- plication for licensing of such establishment, employee, or person, in accord- ance with the provisions of this ordinance, is filed with the City Clerk no later than ten (10) days after the effective date of this ordinance, and PROVIDED FURTHER, that during said sixty (60) day period the provisions of Sections 8, 14 and 16 shall be applicable to such establishments. Section 2 0. The license required under this ordinance shall be exclusive and no other city license shall be required. Section 21. This ordinance shall be in full force and effect after its passage and publica- tion as required by law. PASSED by the City Council this 2 day of signed in authentication of its passage this _ May 2 day of May 1972, and 1972. D. Wayne Ca pbell, City At orney Date of Publication: 5-(--/2-