HomeMy WebLinkAbout2346 OrdinanceORDINANCE NO. 2346
AN ORDINANCE regulating and licensing massage parlors,
public bathhouses and athletic clubs.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section One. Definitions.
For the purpose of this ordinance, the following words and
phrases shall have the meanings respectively ascribed to them by
this section.
(a) Employee. Any person other than a massagist, who renders
any service in connection with the operation of a business defined
in this section and receives compensation from the operator of the
business or patrons.
(b) Licensee. The person to whom a license has been issued
to own or operate any business or establishment defined in this
section.
(c) Massage. Any method of pressure on or friction against,
or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating of the external parts of the human body with the hands
or with the aid of any mechanical electrical apparatus or appliances
with or without such supplementary aids as rubbing alcohol, liniments,
antiseptics, oils,powder,creams, lotions, ointment or other such
similar preparations commonly used in the practice of massage, under
such circumstances that it is reasonably expected that the person to
whom the treatment is provided or some third person on his or her
behalf will pay money or give any other consideration or any gratuity
therefor.
(d) Massage Establishment. Any establishment having a source
of income or compensation derived from the practice of massage as
defined in Subsection (c), and which has a fixed place or business
where any person, firm, association or corporation engages in or
carries on any of the activities as defined in Subsection (c).
(e) Massagist, Masseur or Masseuse. Any person who, for any
consideration whatsoever, engages in the practice of massage as de-
fined in Subsection (c).
(f) Outcall Massage Service. Any business, the function of
which is to engage in or carry on massages at a location designated
by the customer or client rather than at a massage establishment as
defined in Subsection (c).
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(g) Patron. Any person who receives baths or other services
furnished or available, or use of the premises or equipment or facil-
ities on the premises under such circumstances that it is reasonably
expected that he or she will pay money or give any other consideration
therefor.
(h) Permittee. The person to whom a permit has been issued
to act in the capacity of a massagist (masseur or masseuse) Public
Bathhouse Attendant or Athletic Club Attendant as herein defined.
(1) Person. Any individual, partnership, firm, association,
joint stock company, corporation or combination of individuals of
whatever form or character.
(j) Recognized School. Any school or educational institution
licensed to do business as a school or educational institution in the
state in which it is located, or any school recognized by or approved
by or affiliated with the American Massage and Therapy Association,
Inc., and which has for its purpose the teaching of the theory, method,
profession, or work of massage, which school requires a resident
course of study not less than seventy (70) hours before the student
shall be furnished with a diploma or certificate of graduation from
such school or institution of learning following the successful com-
pletion of such course of study or learning.
(k) Sexual or Genital Area. Genitals, pubic area, buttocks,
anus, or perineum of any person, or the vulva or breasts of a female
(1) Public Bathhouses. Any place where baths or facilities
for baths of any kind whatever are given or furnished, and the term
shall include but not be limited to, Finnish baths, Russian baths,
sauna baths, Swedish baths, Turkish baths, baths by hot air, steam
vapor, water, or electric cabinet; provided that such terms shall
not Include an ordinary tub or shower baths where an attendant is not
required.
(m) Public Bathhouse Attendant. Any person who administers
to, or performs services for patrons of a massage parlor or athletic
club, or other persons administering to or performing services to
such patron. The term does not Include a person who performs only
custodial or janitorial work.
(n) Athletic Club. Any premises upon which is furnished for
a fee or charge or other like consideration the opportunity for any
kind of physical exercise of the human body.
(o) Athletic Club Attendant. Any person who administers to,
or performs services for, patrons of an athletic club or who super-
vises the work of a person administering to, or performing services
for such patron. The term does not Include a person who performs
only custodial or janitorial work.
Section Two. Permit Required.
(a) Business license required. No person shall engage in or
carry out the business of massage, a public bathhouse or athletic
club unless he has a valid business license therefore as hereinafter
provided issued by the city pursuant to the provisions of this ordi-
nance for each and every separate office or place of business con-
ducted by such person.
(b) Massagist's permit required. No person shall practice
massage as a massagist, employee or otherwise, unless he has a valid
and subsisting massagist's permit issued to him by the city pursuant
to the provisions of this ordinance.
(c) Attendant's permit required. No person shall act as a
public bathhouse attendant or as an athletic club attendant without
first obtaining a permit as hereinafter provided.
Section Three. Exemptions.
This ordinance shall not apply to the following individuals
while engaged in the personal performance of the duties of their
respective professions:
(a) Physicians, surgeons, chiropractors, osteopaths, or
physical therapists who are duly licensed to practice their respec-
tive professions in the State of Washington.
(b) Nurses who are registered under the laws of this state.
(c) Barbers and beauticians who are duly licensed under the
laws of this state, except that this exemption shall apply solely to
the massaging of the neck, face, scalp and hair of the customer or
client for cosmetic or beautifying purposes.
Section Four. Application for Massage - Public Bathhouse -
Athletic Club - Establishment License.
Every applicant for a license to maintain, operate, or conduct
a massage, public bathhouse or athletic club establishment shall file
an application under oath with the City of Pasco upon a form provided
by the City Clerk and pay a nonrefundable annual license fee, which
shall be One Hundred Dollars ($100) per year or any part thereof. The
application, once accepted, shall be referred to the City Clerk for
investigation. Copies of the application shall within five (5) days
also be referred to the Police Department, Legal Department, the Fire
Department, and the Planning Department. The departments shall with-
in thirty (30) days inspect the premises proposed to be operated as a
massage establishment and shall make written verification to the City
Clerk concerning compliance with the codes of the City of Pasco that
they administer. The application shall further be referred to the
Police Department for investigation of the applicant's character and
qualifications. Each application shall contain the following information:
(a) A definition of service to be provided.
(b) The location, mailing address and all telephone numbers
where the business is to be conducted.
(c) The name and residence address of each applicant (here-
inafter all provisions which refer to applicant include an applicant
which may be a corporation or partnership).
(1) If applicant is a corporation, the names and residence
addresses of each of the officers and directors of said corporation and
of each stockholder owning more than ten percent (10%) of the stock of
the corporation, and the address of the corporation itself, if differ-
ent from the address of the massage establishment.
(2) If applicant is a partnership, the names and residence
addresses of each of the partners including limited partners, and the
address of the partnership itself, if different from the address of the
massage establishment.
(d) The two (2) previous addresses immediately prior to the
present address of the applicant.
(e) Proof that the applicant is at least eighteen (18) years
of age.
(f) Individual or partnership applicant's height, weight, color
of eyes and hair, and sex.
(g) Copy of identification such as driver's license and social
security card.
(h) One portrait photograph of the applicant at least two (2)
inches by two (2) inches and a complete set of applicant's fingerprints
which shall be taken by the Chief of Police or his agent.
If the applicant is a corporation, one portrait photograph at
least two (2) inches by two (2) inches of all officers and managing
agents of said corporation and a complete set of the same officers'
and agents' fingerprints which shall be taken by the Chief of Police
or his agent. If the applicant is a partnership, one front-face por-
trait photograph at least two (2) inches by two (2) inches in size of
each partner, including a limited partner in said partnership, and a
complete set of each partner or limited partner's fingerprints which
shall be taken by the Chief of Police or his agents.
(1) Business, occupation, or employment of the applicant for
the three (3) years immediately preceding the date of application.
(3) If the application is for a massage establishment the
massage or similar business license history of the applicant; whether
such person, in previously operating in this or another city or state
has had a business license revoked or suspended, the reason therefor,
and the business activity or occupation subsequent to such action of
suspension or revocation.
(k) All criminal convictions other than misdemeanor traffic
violations, including the dates of convictions, nature of the crimes
and place convicted.
(1) The name and address of each massagist - public bathhouse
attendant or athletic club attendant - who is or will be employed in
said establishment.
(m) If the application is for a massage establishment the
applicant must furnish a diploma or certificate of graduation from
a recognized school or other institution of learning wherein the
method, profession and work of massage is taught, provided, however,
that if the applicant will not himself engage in the practice of
massage as defined herein, he need not possess such diploma or certi-
ficate of graduation from a recognized school or other institution of
learning wherein the method, profession and work of massage is taught.
(n) The name and address of any massage / bathhouse or athletic
club business or other establishment owned or operated by any person
whose name is required to be given in Subsection (c) wherein the busi-
ness or profession of massage is carried on.
(o) A description of any other business to be operated on the
same premises or on adjoining premises owned or controlled by the
applicant.
(p) Authorization for the City, its agents and employees to
seek information and conduct an investigation into the truth of the
statements set forth in the application and the qualifications of the
applicant for the permit.
(q) Such other identification and information necessary to
discover the truth of the matters hereinbefore specified as required
to be set forth in the application.
Cr) Applicant must furnish a current and valid Massage Business
License issued by the Director of Licensing for the State of Washington
if the application is for a massage establishment.
(s) The names, current addresses and written statements of at
least three (3) bonafide permanent residents of the United States that
the applicant is of good moral character. If the applicant is able,
the statement must first be furnished from residents of the City, then
the County, then the State of Washington and lastly from the rest of
the United States. These references must be persons other than rela-
tives and business associates.
Upon the completion of the above provided form and the furnishing
of all foregoing information the City Clerk shall accept the application
for the necessary investigations. The holder of a license issued under
this ordinance shall notify the City Clerk of each change in any of the
data required to be furnished by this section within ten (10) days after
such change occurs.
Section Five. Application for Massagist's - Public Bathhouse
Attendant's or Athletic Club Attendant's Permits.
Application for a massagist's or attendant's business permit
shall be made to the City Clerk in the same manner as provided above
for establishment licenses, accompanied by the annual nonrefundable
attendant's or massagist's permit fee of Seventy-five Dollars ($75)
per year or part thereof. The application shall contain but not be
limited to the following:
(a) The business address and all telephone numbers where the
massage is to be practiced, if the application is for a massagist's
permit.
(b) Name and residence address, and all names, nicknames and
aliases by which the applicant has been known, including the two
previous addresses immediately prior to the present address of the
applicant.
(c) Social Security number, driver's license number, if any,
and date of birth.
(d) Applicant's weight, height, color of hair and eyes, and
sex.
(e) Written evidence that the applicant is at least eighteen
(18) years of age.
(f) A complete statement of all convictions of the applicant
for any felony or misdemeanor or violation of a local ordinance,
except misdemeanor traffic violations.
(g) Fingerprints of the applicant taken by the Police Department.
(h) Two front-face portrait photographs taken within thirty
(30) days of the date of application and at least two (2) inches by
two (2) inches in size.
(i) The name and address of the recognized school attended,
the dates attended and a copy of the diploma or certificate of gradu-
ation awarded the applicant showing the applicant has completed not
less than seventy (70) hours of instruction, if the application is for
a massagist's permit.
(3) The massage or similar business history and experience
(10 years) prior to the date of application, including but not limited
to whether or not such person in previously operating in this or
another city or state under license or permit has had such license
or permit denied, revoked, or suspended and the reasons therefor, and
the business activities or occupations subsequent to such action of
denial, suspension or revocation, if the application is for a massagist's
permit.
(k) The names, current addresses and written statements of at
least five (5) bonafide permanent residents other than relatives, of
the United States that the applicant is of good moral character. If
the applicant is able, the statement must first be furnished from
residents of the city, then the county, then the State of Washington
and lastly from the rest of the United States.
(1) A medical certificate signed by a physician, licensed to
practice in the State of Washington, within seven (7) days of the date
of the application. The certificate shall state that the applicant
was examined by the certifying physician and that the applicant is free
of communicable disease. The additional information required by this
Subsection shall be provided at the applicant's expense.
(m) Such other information, identification and physical exam-
ination of the person deemed necessary by the Police Chief in order
to discover the truth of the matters hereinbefore required to be set
forth in the application.
(n) Authorization for the city, its agents and employees to
seek information and conduct an investigation into the truth of the
statements set forth in the application and the qualifications of the
applicant for the permit.
(o) Written declaration by the applicant, under penalty of
perjury, that the foregoing information contained in the application
is true and correct, said declaration being duly dated and signed in
the city.
(p) Applicant must furnish a current and valid massage operator's
license issued by the Director of Licensing for the State of Washington
if the application is for a massagist's permit.
Section Six. Issuance of License or Permit for a Massage
Establishment - Public Bathhouse - Athletic Club.
The City of Pasco shall issue any of the above licenses or
permits after ratification by the City Council of the City of Pasco,
if all requirements for the same described in this Ordinance are met
unless it finds:
(a) The correct permit or license fee has not been tendered
to the city, and, in the case of a check, or bank draft, honored with
payment upon presentation.
(b) The operation, as proposed by the applicant, if permitted,
would not comply with all applicable laws, including, but not limited
to, the city's building, zoning, and health regulations.
(c) The applicant, if an individual; or any of the stockholders
holding more than ten percent (10%) of the stock of the corporation,
any of the officers and directors, if the applicant is a corporation;
or any of the partners, including limited partners, if the applicant
is a partnership; or the holder of any lien, of any nature, upon the
business and/or the equipment used therein; and the manager or other
person principally in charge of the operations of the business, have
been convicted of any of the following offenses or convicted of an
offense without the State of Washington that would have constituted
any of the following offenses if committed within the State of
Washington.
(1) An offense involving the use of force and violence
upon the person of another that amounts to a felony.
(2) An offense involving sexual misconduct.
(3) An offense involving narcotics, dangerous drugs or
dangerous weapons that amounts to a felony
The City of Pasco may issue a license or permit to any person
convicted of any of the crimes described in Subsections (1), (2) or
(3) of this Section if it finds that such conviction occurred at
least five (5) years prior to the date of the application and the
applicant has had no subsequent felony convictions of any nature and
no subsequent misdemeanor convictions for crime mentioned in this
section.
(d) The applicant has knowingly made any false, misleading,
or fraudulent statement of fact in the permit application or in any
document required by the city in conjunction therewith.
(e) The applicant has had a massage business, masseur, public
bathhouse, athletic club, attendant or other similar permit or license
denied, revoked, or suspended by the city or any other state or local
agency within five (5) years prior to the date of the application.
(f) The applicant, if an individual, or any of the officers
and directors, if the applicant is a corooration; or any of the
partners, including limited partners, if the applicant is a partner-
ship; and the manager or other person principally in charge of the
operation of the business, is not over the age of eighteen (18) years.
Section Seven. Approval or Denial of Application.
The City of Pasco shall act to approve or deny an application
for a license or permit under this ordinance within a reasonable
period of time and in no event shall the City of Pasco act to approve
or deny said license or permit later than ninety (90) days from the
date that said application was accepted by the City Clerk. Every
license or permit issued pursuant to this ordinance will terminate
at the expiration of one year from the date of its issuance unless
sooner suspended or revoked.
Section Eight. Waiver of Application Requirements.
The City of Pasco shall waive the requirements of Section One (j)
and Section Five (i) of this ordinance if the applicant furnishes sat-
isfactory evidence that he or she attended not less than seventy (70)
hours of instruction in a school within or without this state or in any
foreign country that provides education substantially equal to or in
excess of the educational requirements of this ordinance.
Section Nine. Multiple Massage Establishments.
Should any massage business have more than one location where
the business of massage is pursued, then a permit, stating both the
address of the principal place of business, and of the other location(s)
shall be issued by the Chief of Police upon the tender of a license
fee of One Hundred Dollars ($100). Licenses issued for other locations
shall terminate on the same date as that of the principal Place of busi-
ness, regardless of the date of issuance.
Section Ten. Posting of License.
(a) Every massagist, bathhouse and athletic club attendant shall
post the permit required by this ordinance in his work area.
(b) Every person, corporation, partnership, or association
licensed under this ordinance shall display such license in a prominent
place.
Section Eleven. Register of Employees.
The licensee or person designated by the licensee shall maintain
a register of all persons employed at any time as masseurs or masseuses,
bathhouse or athletic club attendants and their permit numbers. Such
register shall be available at the establishment to representatives of
the City of Pasco during regular business hours.
Section Twelve. Revocation or Suspension of License.
Any license issued under the provisions of this ordinance may
be revoked or suspended by the City of Pasco after notice and a hearing
for good cause, or in any case where any of the provisions of this
ordinance are violated or where any employee of the licensee, including
a masseur or masseuse is engaged in any conduct which violates any of
the state or local laws or ordinances at licensee's place of business
and the licensee has actual or constructive knowledge by due diligence.
Such permit may also be revoked or suspended by the City of Pasco after
notice and hearing, upon the recommendations of the Director of the
Franklin County Health Department that such business is being managed,
conducted or maintained without regard to proper sanitation and hygiene.
Section Thirteen. Revocation of Masseur or Masseuse or Attendant's
Permit.
A masseur or masseuse or attendant's permit issued by the Chief
of Police shall be revoked or suspended where it appears that the masseur
or masseuse or attendant has been convicted of any offense which would
be cause for denial of a permit upon an original application, has made
a false statement on an application for a permit, or has committed an
act in violation of this ordinance.
Section Fourteen. Facilities Necessary.
No license to conduct a massage, public bathhouse or athletic
club establishment shall be issued unless an inspection by the City
of Pasco reveals that the establishment complies with each of the
following minimum requirements:
(a) Construction of rooms used for toilets, tubs, steam baths
and showers shall be made waterproof with approved waterproofed mate-
rials and shall be Installed accordance with the City of Pasco Building
Code. Plumbing fixtures shall be installed in accordance with the City
Plumbing Code.
(1) Steam rooms and shower compartments shall have water-
proof floors, walls and ceilings approved by the City of Pasco.
(2) Floors of wet and dry heat rooms shall be adequately
pitched to one or more floor drains properly connected to the sewer.
(Exception: Dry heat rooms with wooden floors need to be provided
with pitched floors and floor drains).
(3) A source of hot water must be available within the
immediate vicinity of dry and wet heat rooms to facilitate cleaning.
(b) The premises shall have adequate equipment for disInfecting
and sterilizing nondisposable instruments and materials used in adminis-
tering massages. Such nondisposable instruments and materials shall
be disinfected after use on each patron.
(c) Closed cabinets shall be provided and used for the storage
of clean linen, towels and other materials used in connection with
administering massages. All soiled linens, towels and other materials
shall be kept in properly covered containers or cabinets, which con-
tainers or cabinets shall be kept separate from the clean storage areas.
(d) Toilet facilities shall be provided in convenient locations.
When employees and patrons of different sexes are on the premises at
the same time separate toilet facilities shall be provided for each
sex. A single water closet per sex shall be provided for each twenty
(20) or more employees or patrons of that sex on the premises at any
one time. Urinals may be substituted for water closets after one water
closet has been provided. Toilets shall be designated as to the sex
accommodated therein.
(e) Lavatories or washbasins provided with both hot and cold
running water shall be installed in either the toilet room or a vesti-
bule. Lavatories or washbasins shall be provided with soap and a dis-
penser and with sanitary towels.
(f) All electrical equipment shall be Installed in accordance
with the requirements of the City Uniform Electrical Code.
Section Fifteen. Operating Requirements.
(a) Every portion of the massage, public bathhouse or athletic
club establishment, including appliances and apparatus, shall be kept
clean and operated in a sanitary condition.
(b) Price rates for all services shall be prominently posted
in the reception area in a location available to all prospective
customers.
(c) All employees, including masseurs and masseuses, and
attendants shall be clean and wear clean, nontransparent outer garments,
covering the sexual and genital areas, whose use is restricted to the
business establishment. A separate dressing room for each sex must be
available on the premises with individual lockers for each employee.
Doors to such dressing rooms shall open inward and shall be self-closing.
(d) All massage establishments shall be provided with clean,
laundered sheets and towels in sufficient quantity and shall be laun-
dered after each use thereof and stored in a sanitary manner.
(e) No establishment granted a license under the provisions of
this ordinance shall place, publish or distribute or cause to be placed,
published or distributed any advertisement, picture, or statement which
is known or through the exercise of reasonable care should be known to
be false, deceptive or misleading in order to induce any person to pur-
chase or utilize any professional massage services.
Section Sixteen. Persons Under Age 18 Prohibited on Premises.
No person shall permit any person under the age of eighteen (18)
years to come or remain on the premises of any massage business estab-
lishment, as masseur, employee, or patron, unless such person is on the
premises on lawful business.
Section Seventeen. Alcoholic Beverages Prohibited.
No person shall sell, give, dispense, provide or keep, or cause
to be sold, given, dispensed, provided or kept, any alcoholic beverage
on the premises of any licensee.
Section Eighteen. Hours.
No massage business, public bathhouse or athletic club shall be
kept open for any purpose between the hours of 2:00 A.M. and 8:00 A.M.
Section Nineteen. Employment of Massagist or Attendant.
No person shall employ as a massagist or attendant any person
unless said employee has obtained and has in effect a permit issued
pursuant to this ordinance.
Section Twenty. Inspection Required.
The Chief of Police or his authorized representatives shall
from time to time make inspection of each massage, public bathhouse
and athletic club business establishment for the purposes of deter-
mining that the provisions of this ordinance are fully complied with.
It shall be unlawful for any permittee to fail to allow such inspec-
tion officer access to the premises or hinder such officer in any
manner.
Section Twenty-One. Unlawful Acts.
(a) Treatment of persons of opposite sex restricted. It shall
be unlawful for any person holding a massagist's permit under this
ordinance to treat a person of the opposite sex, except upon the signed
order of a licensed physician, osteopath, chiropractor, or registered
physical therapist, which order shall be dated and shall specifically
state the number of treatments, not to exceed ten (10). The date and
hour of each treatment given and the name of the operator shall be
entered on such order by the establishment where such treatments are
given and shall be subject to inspection by the police pursuant to
Section Twenty. The requirements of this subsection shall not apply
to treatments given in the residence of a patient, the office of a
licensed physician, osteopath or registered physical therapist, chiro-
practor, or in a regularly established and licensed hospital or sani-
tarium.
(b) It shall be unlawful for any person, on the licensee's
premises, to place his or her hand or hands upon, to touch with any
part of his or her body, to fondle in any manner, or to massage, a
sexual or genital part of any other person. Sexual or genital parts
shall include the genitals, pubic area, buttocks, anus, or perineum
of any person, or the vulva or breasts of a female.
(c) It shall be unlawful for any person, on a licensee's
premises, to expose his or her sexual or genital parts, or any por-
tion thereof, to any other person. It shall also be unlawful for
any person, in a massage parlor, to expose the sexual or genital parts,
or any portions thereof, of any other person.
(d) It shall be unlawful for any person, while in the premises
of any other person on a licensee's premises, to fail to conceal with
a fully opaque covering, the sexual or genital parts of has or her
body.
(e) It shall be unlawful for any person owning, operating or
managing an establishment licensed under the provisions of this ordi-
nance, knowingly to cause, allow or permit in or about such establish-
ment, any agent, employee, or any other person under his control or
supervision to perform such acts prohibited in Subsections (a), (b)
or (c) of this section.
(f) It shall be further unlawful for any permittee under this
ordinance to administer massage on an outcall basis as defined in
Section One (f). Such person shall administer massage solely within
an establishment licensed to carry on such business under this ordi-
nance. Any violation of these provisions shall be deemed grounds
for revocation of the permit granted hereunder. The restriction on
outcall massage shall not apply to a permittee who performs outcall
massage as defined herein upon a customer or client who, because of
reasons of physical defects or incapacities or due to illness is
physically unable to travel to the massage establishment. If any
outcall massage is performed under this exception, a record of the
date and hour of each treatment, and the name and address of the
customer or client, and the name of the employee administering such
treatment and the type of treatment administered, as well as the
nature of the physical defect, incapacity or illness of said client
or customer shall be kept by the licensee or person or employee desig-
nated by the licensee. Such records shall be open to inspection by
officials charged with the enforcement of public health laws. The
information furnished or secured as a result of any such inspection
shall be confidential. Any unauthorized disclosure or use of such
information by an employee of the business of the City of Pasco shall
be unlawful.
(g) It shall be unlawful for any massage service or the services
of a public bathhouse or athletic club attendant to be carried on with-
in any cubicle, room, booth, or any area within a massage establishment
which is fitted with a door capable of being locked. All doors or door-
way coverings within a licensee's establishment shall have an unobstructed
opening 6 inches by 6 inches in size capable of clear two way viewing
into and out of all cubicles, rooms, or booths. The opening shall be
not less than four and one-half feet from the floor of the establish-
ment nor more than five and one-half feet from the floor. Toilets and
cubicles used solely for the application of liquid and vapor baths
shall have no such opening in the covering door or curtain, but shall
be clearly marked as to purpose on the exterior door or curtain of said
cubicle, room or booth. Nothing contained herein shall be construed to
eliminate other requirements of statute or ordinance concerning the
maintenance of premises, nor to preclude authorized inspection thereof,
whenever such inspection is deemed necessary by the police or health
departments.
Section Twenty-Two. Sale or Transfer or Change of Location.
Upon sale, transfer or relocation of a licensee's establishment,
the license therefor shall be null and void unless approved as provided
in Section Six provided, however, that upon the death or incapacity of
the licensee or any co-licensee, any heir or devisee of a deceased
licensee, or any guardian of an heir or devisee of a deceased licensee,
may continue the business of the establishment for a reasonable period
of time not to exceed sixty (60) days to allow for an orderly transfer
of the license.
Section Twenty-Three. Name and Place of Business.
No person granted a license pursuant to this ordinance shall
operate the massage, bathhouse or athletic club establishment under
a name not specified in his license, nor shall he conduct business
under any designation or location not specified in his license,
Section Twenty-Four. Transfer of License.
No license or permit shall be transferable except with the
consent of the City of Pasco and ratified by the City Council of
the City of Pasco. An application for such transfer shall be in
writing and shall be accompanied by fees prescribed in Sections Four
and Five. The written application for such transfer shall contain
the same information as requested herein for initial application for
the license or permit.
Section Twenty-Five. Violation and Penalty.
Every person, except those persons who are specifically exempted
by this ordinance, whether acting as an individual owner e employee of
the owner, operator or employee of the operator, or whether acting as
a mere agent or independent contractor for the owner, employee or
operator, or acting as a participant or worker in any way directly or
indirectly who gives massages or operates a massage establishment,
public bathhouse or athletic club or any of the services defined in
this ordinance without first obtaining a license or permit and paying
a fee to do so from the City of Pasco or shall violate any provisions
of this ordinance shall be guilty of a misdemeanor and upon conviction
such person shall be punished by a fine not to exceed Five Hundred
Dollars ($500) or by imprisonment for a period not to exceed six C61
months or by both such fine and imprisonment.
Section Twenty-Six. Separability.
(a) If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or uncon-
stitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and Independent provision and such
holding shall not affect the validity of the remaining portions thereof.
(b) Any ordinance or section of the Pasco Municipal Code in
conflict herewith are hereby repealed.
(c) This ordinance shall be in full force and effect from and
after its passage / provided, however, any person, partnership, corpor-
ation or association engaged in the operation of a massage business,
a public bathhouse or athletic club in Pasco and every person engaged
in the business or profession of massage, or as an attendant at a
public bathhouse or athletic club in Pasco at the time of the enact-
ment of this ordinance shall have until December 31, 1982, in which
to comply with the licensing provisions of this ordinance.
ATT T:
Evelyn W lls, City Clerk
Section Twenty-Seven. This ordinance is a public emergency
ordinance necessary for the protection of the public health, publfc
safety, public property or the public peace and is effective upon
adoption.
PASSED this /3"- day of , 1982.
t att.&
A. Shider, Mayor
APPROVED AS TO FORM:
AD r\ " Alif&Ak_ AS4490.4
Greg R Airtel -o, City A torney
AFFIDAVIT OF PUBLICATION
COUNTY OF
Franklin
)ss
STATE OF WASHINGTON
Phyllis Graves , being first duly sworn on oath deposes
and says she is the Principal Clerk of the Tri-City Herald,
a daily newspaper That said newspaper is a legal newspaper and has been approved as a
legal newspaper by order of the superior court in the county in which it is published and
it is now and has been for more than six months prior to the date of the publication
hereinafter referred to, published in the English language continually as a daily news-
paper in Franklin County,
Washington, and is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper That the annexed is a true
copy of a legal advertisement
Ord. # 2346
as it was printed in the regular and entire Issue of the Tri City Herald itself and not in a
supplement thereof, for a period of One t ime coMaGlanMeSt§, commencing
on the 19th daya Mar. ,19 82, and
ending on the day of , 19 , and that said
newspaper was regularly distributed to its subscribers during all of this period
That the full amount of $ 838 e 20
has been paid in full, also at the rate of
127 in. @ 6.60 = 838.20
82 Subscribed and sworn to before me this 19th daya mar q
Notary Public in and for the State of Washington residing at Pasco
2 LegaIs
such similar preparations
commonly used in the prac-
tice of massage, under such
circumstances that it is rea-
sonably expected that the
person to whom the treat-
ment is provided or some
third person on his or her
behalf will pay money or
give any other consideration ,
or any gratuity therefore
(d) Massage Estab-
lishment Any establishment
having a source of income
or ,compensation derived
from the practice of mas-
sage as defined in Sub-
section (c), and which has
a fixed place or business
where any person, firm, as-
sociation or corporation en-
gages in or carries on any
of ,the activities as defined
In Subsection (c)
(e) Massagist, Masseur or
Masseuse Any person who,
for any consideration what-
soever, engages in the
practice of massage as de-
fined in Subsection (c)
(f) Outcall Massage Serv-
ice Any business, the func-
tion of which is to engage
In or carry on massages at
a location designated by the
customer or client rather
than at a massage estab-
lishment as defined in Sub-
section (c)
(g) Patron Any Person
who receives baths or other
services furnished or avail-
able, or use of the prem-
ises or equipment of
Ifacilities on the premises
under such circumstances
that it Is reasonably ex
ipected that he or she will
limy money or give any
other consideration therefor
(h) Permittee The person
,itto whom a permit has been
/ issued to act in the capaci
ty of a massagist (masseur
or masseuse) Public Bath-
house Attendant or Athletic
Club Attendant as herein
defined
(I) Person Any individ rival, partnership, firm, asso-
ciation, ioint stock company,
corporation or combination
Lod individuals of whatever
form or character
(1) Recognized School
Any school or education in-
stitution licensed to do busi-
ness as a school or
eleducation institution in the
state in which it Is located,
, or any school recognized by
, or approved by or affiliated
with the American Masasge
and Therapy Association,
Inc , and which has for its
purpose the teaching of the
theory, methqd, profession,
or work of massage, which
school requires a resident
course of study not less
than seventy (70) hours be-
fore the student shall be
furnished with a diploma or
certificate of graduation
from such school or in-
stitution of learning follaw
ng the successful
completion of such course
of study or learning
(k) Sexual of Genital
Area Genitals, pubic area,
buttocks, anus, or perineum
of any person, or the vulva
or breasts of a female
(I) Public Bathhouses
Any place where baths or
facilities for baths of any
kind whatever are given or
furnished, and the term
shall include but not be
limited to Finnish baths,
Russian baths, sauna baths
Swedish baths, Turkish
baths, baths by hot air,
steam vapor, water, or
electric cabinet, provided
that such terms shall not
include an ordinary tub or
shower baths where an at-
tendant is not required
(m) Public Bathhouse At
tendant Any person who
administers to, or performs
services for patrons of a
massage parlor or athletic
club, or other persons ad
2 Legals
compliance wan rne codes
of the City of Pasco that
they administer The aPPII-
cation shall further be re-
ferred to the Police
Department for investigation
of the applicant's character
and qualifications Each ap-
plication shall contain the
following information
(a) A definition of service
to be provided
(b) The location, mailing
address and all telephone
numbers where the business
Is to be conducted
(c) The name and resi-
dence address of each ap-
plicant (hereinafter all
provisions which refer to
applicant Include an aPPII-
cant which may be a car
Poration or partnership)
(1) If applicant Is a cor-
poration, the names and
residence addresses of each
of the officers and directors
of said corporation and of
each stockholder owning
more than ten percent
(10%) of the stock of the
corporation, and the ad-
dress of the corporation it
self, if different from the
address of the massage
establishment
(2) If applicant is a part-
nership, the names and
residence addresses of each
of the partners Including
limited partners, and the
address of the partnership
itself, if different from the
address of the massage
establishment
(d) The two (2) previous
addresses immediately prior
to the present address of
the applicant
(e) Proof that the appli-
cant is at least eighteen
(18) years of age
(f) Individual or partner-
ship applicant's height,
weight, color of eyes and
hair; and sex
(g) Copy of identification
such as driver's license and
social security card
(h) One portrait photo-
graph of the applicant at
least two (2) inches by two
(2) inches and a complete
set of applicant's finger-
prints which shall be taken
by the Chief of Police or
his agent
If the applicant is a cor-
poration, one portrait photo-
graph at least two (2)
Inches by two (2) inches of
all officers and managing
agents of said corporation
and a complete set of the
same officers' and agents
fingerprints which shall be
taken by the Chief of Police
or his agent If the appli
cant is a partnership, one
front-face portrait photo-
graph at least two (2) inch-
es by two (2) inches in
size of each partner, includ
ing a limited partner in
said partnership and a
complete set of each part-
ner or limited partner's fin
gerprints which shall be
taken by the Chief of Police
or his agents
(i) Business, occupation,
or employment of the appli-
cant for the three (3) years
Immediately preceding the
date of application
(0 If the application is
for a massage estab
lishment the massage or
similar business license his
tory of the applicant,
whether such person, In
previously operating in this
or another city or state has
had a business license re
yoked or suspended, the
reason therefor, and the
business activity or occupa-
tion subsequent to such ac
tion of suspension or
revocation
(k) All criminal con-
victions other than mis-
demeanor traffic violations,
including the dates of con-
victions, nature of the
crimes and _place convicted
I 1_T hea_nnrrIza_nnel—esel__
2 Legals
(a) The business address
and all telephone numbers
where the massage is to be
practiced, if the application
is for a massagist s permit
(b) Name and residence
address, and all names,
nicknames and aliases by
which the applicant has
been known, including the
two previous addresses im-
mediately prior to the pre-
sent address of the
applicant
(c) Social Security num-
ber, driver's license num
ber, if any, and date of
birth
(d) Applicant's weight,
height, color of hair and
eyes, and sex
(e) Written evidence that
the applicant is at least
eighteen (18) years of age
(f) A complete statement
of all convictions of the ap-
plicant for any felony or
misdemeanor or violation of
a local ordinance, except
misdemeanor traffic
violations
(g) Fingerprints of the
applicant taken by the Po-
lice Department
(h) Two front face par
trait photographs taken
within thirty (30) days of
the date of application and
at least two (2) inches by
Iwo (2) inches in size
(i) The name and ad
dress of the recognized
school attended, the dates
attended and a copy of the
diploma or certificate of
graduation awarded the ap-
plicant showing the opali
cant has completed not less
than seventy (70) hours of
instruction, If the application
Is for a massagist s permit
(I) The massage or sim-
ilar business history and
experience ()0 years) prior
to the date of application,
oncluding but not limited to
whether or not such person
in previously operating in
this or another city or state
under license or pen-tilt has
had such license or permit
denied, revoked, or sus
pended and the reasons
therefor, and the business
activities or occupations
subsequent to such action
of denial, suspension or re-
vocation, if the application
is for a massagist s permit
(k) The names, current
addresses and written state-
ments of at least five (5)
bonafide permanent rest
dents other than relatives,
of the United States that
the applicant Is of good
moral character If the ap-
plicant is able, the state-
ment must first be
furnished -from residents of
the city, then the county,
then the State of Washing
ton and lastly from the rest
of the United States
(1) A medical certificate
signed by a physician, Ii
censed to practice in the
State of Washington, within
seven (7) days of the date
of the application The cer
tificate shall state that the
applicant was examined by
the certifying physician and
that the applicant is free of
communicable disease The
additional information re
quired by this Subsection
,shall be provided at the ap
plicant s expense
(m) Such other informa
tion, identification and phys
ical examination of the
person deemed necessary
by the Police Chief in order
to discover the truth of the
matters hereinbefore re-
quired to be Pset forth in
the application
(n) Authorization for the
city, its agents and employ
ees to seek information and
conduct an investigation into
the truth of the statements
set forth in the application
and the qualifications of the
_atmlicant_for_the_oermit
2 Legals
Individual, or any of the of-
ficers and directors, if the
applicant Is a corporation,
or any of the partners, In
cluding limited partners, if
the applicant Is a partner-
ship, and the manager or
other person principally in
charge of the operation of
the business, is not over
the age of eighteen (18)
years
Section Seven Approval
or Denial of Application
The City of Pasco shall
act to approve or deny an
application for a license or
permit under this ordinance
within a reasonable period
of time and in no event
shall the City of Pasco act
to approve or deny said li-
cense or permit later than
ninety (90) days from the
date that said application
was accepted by the City
Clerk Every license or per-
mit issued pursuant to this
ordinance will terminate at
the expiration of one year
from the date of its Is
suance unless sooner sus-
pended or revoked
Section Eight Waiver of
Application Requirements
The City of Pasco shall
waive the requirements of
Section One (I) and Section
Five (I) of this ordinance if
the applicant furnishes sat-
isfactory evidence that he
or she attended not less
than seventy (70) hours of
instruction in a school with-
in or without this state or
In any foreign country that
provides education sub-
stantially equal to or In ex-
cess of the educational
requirements of this
ordinance
Section Nine Multiple
Massage Establishments
Should any massage busi
ness have more than one
location where the business
of massage Is pursued, then
a permit, stating both the
address of the principal
place of business, and of
the other location(s) shall
be Issued by the Chief of
Police upon the tender of a
license fee of One Hundred
Dollars ($100) Licenses is-
sued for other locations
shall terminate on the same
date as that of the princi-
pal place of business, re-
gardless of the date of
Issuance
Section Ten Posting of
License
(a) Every massagist,
bathhouse and athletic club
attendant shall post the per-
mit required by this ordi-
nance in his work area
(b) Every person, corpo-
ration, partnership, or asso-
ciation licensed under this
ordinance shall display such
license in a prominent
place
Section, Eleven Register
of Employees
The licensee or person
designated by the licensee
shall maintain a register of
all persons employed at
any time as masseurs or
masseuses, bathhouse or
athletic club attendants and
their permit numbers Such
register shall be available
at the establishment to rep-
resentatives of the City of
Pasco during regular busi
ness hours
Section Twelve Revoca-f
tion or Suspension of/
License
Any license issued under
the provisions of this ordi
nonce may be revoked or
suspended by the City of
Pasco after notice and a
hearing for good cause, or
in any case where any of
the provisions of this arch-
narlce ore violated or
where any employee of the
licensee, including a mas-
seur or masseuse is en-
gaged in any conduct which
2 Legals
been provided Toilets shall
be designated as to the sex
accommodated therein
(e) Lavatories or washba
sins provided with both hot
and cold running water
shall be installed in either
the toilet room or a vesti
bule Lavatories or washba-
sins shall be provided with
soap and a dispenser and
with sanitary towels
(f) All electrical equip-
ment shall be installed in
accordance with the re-
quirements of the City tint
form Electrical Code
Section Fifteen Operating
Requirements
(a) Every portion of the
massage, public bathhouse
or athletic club estab-
lishment, including ; appli-
ances and apparatus, shall
be kept clean and operated
in a sanitary condition
(b) Price rates for all
services shall be prominen-
tly posted In the reception
area in a location available
to all prospective
customers
(c) All employees, includ
ing masseurs and mas
seuses, and attendants shall
be clean and wear clean,
nontransparent outer gar-
ments, covering the sexual
and genital areas, whose
use Is restricted to the
business establishment A
separate dressing room for
each sex must be available
on the premises with indi-
vidual lockers for each em-
ployee Doors to such
dressing rooms shall open
inward and shall be self
closing
(d) All massage estab-
lishments shall be provided
with clean, laundered sheets
and towels in e sufficient
quantity and shall be laun-
dered after each use there-
of and stored in a sanitary
manner
(e) No establishment
granted a license under the
provisions of this ordinance
shall place, publish or dis
tribute or cause to be
placed, published or dis-
tributed any advertisement,
picture, or statement which
Is known or through the
exercise of reasonable care
should be known to be
false, deceptive or mis-
leading in order to induce
any person to purchase or
utilize any professional mas-
sage services
Section Sixteen Persons
Under Age 18 Prohibited on
Premises
No person shall permit
any person under the age
of eighteen (18) years to
come or remain on the
premises of any massage
business establishment, as
masseur, employee, or pa
tron unless such person is
on the premises on lawful
business
Section Seventeen Alcohol
lc Beverages Prohibited
No ,person shall sell, give,
dispense, provide or keep,
or cause to be sold, given,
dispensed, provided or kept,
any alcoholic beverage on
the premises of any
licensee
Section Eighteen Hours
No massage business,
public bathhouse or -athletic
club shall be kept open for
any purpose between the
hours of 2 00 AM and 8 00
AM
Section Nineteen Employ-
ment of Massagist or
Attendant
No person shall employ
as a massagist or attendant
any person unless said em
ployee has obtained and
has in effect a permit is
sued pursuant to this
ordinance
Section Twenty Inspection
Required
The Chief of. Police or his_
2 Legals •
shall not apply to a permit-
tee who performs outcall
massage as defined herein
upon a customer or client
who, because of reasons of
physical defects or in
capacities or due to illness
Is physically unable to trav-
el to the massage estab-
lishment If any outcall
massage is performed un
der this exception, a record
of the date and hour of
each treatment, and the
name and address of the
customer or client, and the
name of the employee ad-
ministering such treatment
and the type of treatment
administered, as well as the
nature of the physical de-
fect, incapacity or Illness of
said client or customer
shall be kept by the licen-
see or person or employee
designated by the licensee
Such records shall be open
to Inspection by officials
charged with the enforce-
ment of public health laws
The information furnished
or secured as a result of
any such inspection shall be
confidential Any unautho-
rized disclosure or use of
such information by an em
ployee of the business of
the City of Pasco shall be
unlawful
(g) It shall be unlawful
for any massage service or
the services of a public
bathhouse or athletic club
attendant to be carried on
within any cubicle, room,
booth, or any Greg within a
massage establishment
which is fitted with a door
capable of being locked All
doors or doorway coverings
within a licensee s estab
lishment shall have an un
obstructed opening 6 inches
by 6 inches In size capable
of clear two way viewing
Into and out of all cubicles,
rooms, or booths The open
ing shall be not 'less than
four and one-half feet from
the floor, of the estab-
lishment nor more than five
and on half feet from the
floor Toilets and cubicles
used solely for the appli-
cation of liquid and vapor
baths shall have no such
opening In the covering
door or curtain, but shall
be clearly marked as to
purpose on the exterior
clOor or curtain of said cu-
bicle, room or booth Noth-
ing contained herein shall
be construed to eliminate
other requirements of stat-
ute or ordinance concerning
the maintenance of prem
ises, nor to preclude au
thorized Inspection thereof,
whenever such inspection Is
deemed necessary by the
police Or health
departments
Section Twenty Two Sale
or Transfer or Change of
Location
Upon sale, transfer or re
location of a licensee s es
tablishment, the license
therefor shall be null and
void unless approved as
provided in Section Six pro-
vided, however, that upon
the death or incapacity of
the licensee or any co licen
see, any heir or devisee of
a deceased licensee, or any
guardian of an heir or de
visee of a deceased licen-
see, may continue the
business of the estab
lishment for a reasonable
Period of time not to ex-
ceed sixty (60) days to al
low for an orderly transfer
of the license
Section Twenty Three
Name and Place of
Business
No person granted a II
cense pursuant to this ordi
nonce shall operate the
massage bathhouse or ath
letic club establishment un
der a name not specified in
r
Ordinance No 2346
An Ordinance regulating
and licensing massage par-
lors, public bathhouses and
athletic clubs
The City Council of the
City of Pasco, Washington,
do ordain as follows
Section One Definitions
For the purpose of this
ordinance, the following
words and phrases shall
have the meanings respec-
tively ascribed to them by
this section
(a) Employee Any person
other than a massagist,
who renders any service In
connection with the oper-
ation of a business defined
in this section and receives
compensation from the op-
erator of the business or
pptrons
(b) Licensee The person
to whom a license has been
Issued to own or operate
any business or estab-
lishment defined In this
section
(c) Massage Any method
of pressure on or friction
against, or stroking, knead-
ing, rubbing, tapping,
pounding, vibrating, or stim-
ulating of the external parts
of the human body with the
hands or with the aid of
any mechanical electrical
apparatus or appliances
with or without such supple-
mentary aids as rubbing al-
cohol, liniments, antiseptics,
oils, powder, creams, lo-
tions, ointment or other
Any school or education In-
stitutlon licensed to do busi-
ness as a school or
'education institution In the
state In which it Is located,
or any school recognized by
or approved by or affiliated
with the American Masasge
and Therapy Association,
Inc, and which has for Its
purpose the teaching of the
theory, method, profession,
or work of massage, which
school requires a resident
course of study not less
than seventy (70) hours be-
fore the student shall be
furnished with a diploma or
certificate of graduation
from such school or in-
stitution of learning follOw
n g the successful
completion of such course
of study or learning
(k) Sexual of Genital
Area Genitals, pubic area,
buttocks, anus, or perineum
of any person, or the vulva
or breasts of a female
(I) Public Bathhouses
Any place where baths or
facilities for baths of any
kind whatever are given or
furnished and the term
shall include but not be
limited to Finnish baths,
Russian baths, sauna baths,
Swedish baths, Turkish
baths, baths by hot air,
steam vapor, water, or
electric cabinet provided
that such terms shall not
include an ordinary tub or
shower baths where an at-
tendant is not required
(m) Public Bathhouse At
tendant Any person who
administers to, or performs
services for patrons of a
massage parlor or athletic
club, or other persons ad
ministering to or performing
services to such patron
The term does not include
a person who performs only
custodial or janitorial work
(n) Athletic Club Any
premises upon which is fur-
nished for a fee or charge
or other like consideration
the opportunity for any kind
of physical exercise of the
human body
(o) Athletic Club Attend
ant Any person who admin-
isters to, or performs
services for, patrons of an
athletic club or who super-
vises the work of a person
administering to, or per
forming services for such
patron The term does not
include a person who per-
n forms only custodial or el
nitorial work
Section Two Permit
Required
(a) Business license re-
quired No person shall en-
gage in or carry out the
business of massage, a pub-
lic bathhouse or athletic
club unless he has a valid
business license therefore
35 hereinafter provided is
'Lied by the city pursuant
to the provisions of this or-
Jinance for each and every
separate office or place of
business conducted by such
person
(b) Massagist s permit re-
wired No person shall
practice massage as a mas
aagist, employee or other
Nise, unless he has a valid
3nd subsisting massagist's
permit issued to him by the
:Ay pursuant to the provi-
•1ons of this ordinance
(c) Attendant s permit re-
wired No person shall act
35 a public bathhouse ,at-
'endant or as an athletic
:tub attendant without first
pbtaining a permit as here-
natter provided
Section Three
Exemptions
This ordinance shall not
piney to the following indi-
viduals while engaged In
the personal performance of
the duties of their respec-
tive professions
(a) Physicians, surgeons,
chiropractors, osteopaths, or
physical therapists who are
July license to practice
their respective professions
in the State of Washington
(b) Nurses who are regis-
tered under the laws of this
state
(c) Barbers and beau-
ticians who are duly li-
censed under the laws of
this state, except that this
exemption shall apply solely
to the massaging of the
neck, face, scalp and hair
of the customer or client
for cosmetic or beautifying
purposes
Section Four Application
for Massage — Public Bath-
house — Athletic Club —Es-
tablishment License
Every applicant for a 11
cense to maintain, operate,
or conduct a massage, Pub-
tic bathhouse or athletic
club establishment shall file
an application under oath
with the City of Pasco upon
a form provided by the
City Clerk.and pay a non-
refundable annual license
tee, which shall be One
Hundred Dollars ($100) per
year or any part thereof
The application, once ac-
cepted, shall be referred to
the City Clerk for in-
vestigation Copies of the
application shall within five
(5) days also be referred
to the Police Department,
Legal Department, the Fire
Department, and the Plan-
ning Department The de-
partments shall within thirty
(30) days inspect the prem-
ises proposed to be oper-
ated as a massage
establishment and shall
make written verification to
the City Clerk concerning
by the (Ater or POOCe or
his agent
If the applicant is a cor-
poration, one portrait photo-
graph at least two (2)
inches by two (2) inches of
all , officers and managing
agents of said corporation
and a complete set of the
same officers' and agents
fingerprints which shall be
taken by the Chief of Police
or his agent If the appli-
cant is a partnership, one
front face portrait photo
graph at least two (2) inch
es by two (2) inches in
size of each partner, includ-
ing a limited partner in
said partnership, and a
complete set of each part-
ner or limited partner's fin
gerprints which shall be
taken by the Chief of Police
or his agents
(i) Business, occupation,
or employment of the aPPli
cant for the three (3) years
Immediately Preceding the
date of application
(0 If the application is
for a massage estab
lishment the massage or
similar business license his
tory of the applicant,
whether such person, In
previously operating in this
or another city or state has
had a business license re-
voked or suspended, the
reason therefor, and the
business activity or occupa-
tion subsequent to such ac
tion of suspension or
revocation
(k) All criminal con-
victions other than mis-
demeanor traffic violations,
including the dates of con
victions, nature of the
crimes and place convicted
(I) The name and ad-
dress of each massagist —
public bathhouse attendant
or athletic club attendant —
who is or will be employed
in said establishment
(m) If the application is
for a massage estab
lishment the applicant must
furnish a diploma or certifi-
cate of graduation from a
recognized school or other
institution of learning
wherein the method, profes
sion and work of massage
Is taught, provided, how
ever, that if the applicant
will not himself engage in
the practice of massage as
defined herein, he need not
possess such diploma or
certificate of graduation
from a recognized school or
other institution of learning
wherein the method, profes-
sion and work of massage
Is taught
(n) The name and ad
dress of any massage, bath
house or athletic club
business or other estab-
lishment owned or; operated
by any person whose name
is required to be given In
Subsection (c) wherein the
business or profession of
massage is carried on
(o) A description of any
other business to be oper
ated on the same premises
or on adioining premises
owned or controlled by the
applicant
(e) Authorization for the
City, its agents and employ-
ees to seek information and
conduct an investigation into
the truth of the statements
set forth in the application
and the qualifications of the
applicant for the permit
(q) Such other identi
fication and information
necessary to discover the
truth of the matters here
inbefore specified as re
quired to be set forth in
the gpplication
(r) Applicant must furnish
a current and valid Mas
sage Business License is
sued by the Director of
Licensing for the State of
Washington if the appli-
cation is for a massage
establishment
(s) The names, current
addresses and written state-
ments of at least three (3)
bonafide permanent reti
dents of the United States
that the applicant is of
good moral character If
the applicant is able, the
statement must first be fur-
nished from residents of the
City, then the County, then
the State of Washington one
lastly from the rest of the
United States These refer-
ences must be persons
other than relatives and
business associates
Upon the completion of
the above provided form
and the furnishing of all
foregoing Information the
City Clerk shall accept the
application for the neces-
sary investigations The
holder of a license Issued
under this ordinance shall
notify the City Clerk of
each change in any of the
data required to be fur-
nished by this section with-
in ten (10) days after such
change occurs
Section Five Application
for Massagist s — Public
Bathhouse Attendant s or
Athletic Club Attendant's
Permits
Application for a massag-
ist's or attendant's business
permit shall be made to the
City Clerk In the same
manner as provided above
for establishment licenses,
accompanied by the annual
nonrefundable attendant's or
massagist's permit fee of
Seventy five Dollars ($75)
Per year or part thereof
The application shall con-
tain but not be limited to
the following
subsequent to such action
of denial, suspension or re
vocation, if the application
is for a massagist's permit
(k) The names, current
addresses and written state-
ments of at least five (5)
bonaflde permanent resi
dents other than relatives,
of the United States that
the applicant is of good
moral character if the ap-
plicant is able, the state-
ment must first be
furnished -from residents of
the city, then the county,
then the State of Washing-
ton and lastly from the rest
of the United States
(1) A medical certificate
signed by a physician, II
censed to practice in the
State of Washington, within
seven (7) days of the date
of the application The cer
falcate shall state that the
applicant was examined by
the certifying physician and
that the applicant is free of
communicable disease The
additional information re
awed by this Subsection
shall be provided at the op
plicant s expense
(m) Such other informa
tion, identification and phys
ical excenination of the
person deemed necessary
by the Police Chief in order
to discover the truth of the
matters hereinbefore re-
quired to be Oset forth in
the application
(n) Authorization for the
city, its agents and employ
ees to seek infermation and
conduct an investigation into
the truth of the statements
set forth in the application
and the qualifications of the
applicant for the permit
(o) Written declaration by
the cipplicdri1und& penalty
of penury, that the fore-
going information contained
in the application is true
and correct, said declare
non being duly dated and
signed, in the city
(P) Applicant must furnish
a current and valid mas-
sage operator's license is-
sued by the Director of
Licensing for the State of
Washington if the appli-
cation is for a massagist s
permit
Section Six issuance of
License or Permit for a
Massage Establishment —
Public Bathhouse — Athletic
Club
The City of Pasco shall
issue any of the above li-
censes or permits after
ratification by the City
Council of the City of Pas-
co, if all requirements for
the same described in this
Ordinance are met unless it
finds
(a) The correct permit or
license fee has not been
tendered to the city, and, in
the case of a check, or
bank draft, honored with
payment upon presentation
(b) The operation, as pro
Dosed by the applicant, if
permitted, would not comply
with all applicable laws, in
eluding, but not limited to,
the city's building, zoning,
and health regulations
(c) The applicant, if an
Individual, or any of the
stockholders holding more
than ten percent (10%) of
the stock of the corporation,
any of the officers and di
rectors, if the applicant is
a corporatioe, , of any of
the partners, including limit
ed partners, if the applicant
is a partnership, or the
holder of any lien, of any
nature, upon the business
and/or the equipment used
therein, and the manager
or other person principally
In charge of the operations
of the business, have been
convicted of any of the fol '
lowing offenses or convicted
of an offense without the
State of Washington that
would have constituted any
of the following offenses if
committed within the State
of Washington
(1) An offense involving
the use of force and vio-
lence upon the person of
another that amounts to a
felony
(2) An offense involving
sexual misconduct
(3) An offense involving
narcotics, dangerous drugs
or dangerous weapons that
amounts to a felony
The City of Pasco may
issue a license or permit to
any person convicted of
any of the crimes described
In Subsections (1), (2) or
(3) of this Section if It
finds that such conviction
occurred at least five (5)
years prior to the date of
the application and the OP-
plicant has hod no sub-
sequent felony convictions
of any nature and no sub-
sequent misdemeanor con-
victions for crime
mentioned In this section
(d) The applicant has
knowingly made any false,
misleading, or fraudulent
statement of fact In the
permit application or in any
document required by the
city In conlunction
therewith
(e) The applicant has had
a massage business, mas-
seur, public bathhouse, ath-
letic club, attendant or
other similar permit or li-
cense denied, revoked, or
suspended by the city or
any other state or local
agency within five (5)
years prior to the date of
the application
(f) The applicant, if an
titirs-www--=
sued for other locations
shall terminate on the same
date as that of the princi-
pal place of business, re-
gardless of the date of
issuance
Section Ten Posting of
License
(a) Every massagist,
bathhouse and athletic club
attendant shall post the per-
mit required by this ordi-
nance in his work area
(b) Every person, corpo-
ration, partnership or asso-
ciation licensed under this
ordinance shall display such
license in a prominent
place
Section, Eleven Register
of Employees
The licensee or person
designated by the licensee
shall maintain a register of
all persons employed at
any time as masseurs or
masseuses, bathhouse or
athletic club attendants and
their permit numbers Such
register shall be available
at the establishment to rep
resentatives of the City of
Pasco during regular busi
ness hours
Section Twelve Revoca-
tion or Suspension of
License
Any license issued under
the provisions of this ordi
nonce may be revoked or
suspended by the City Of
Pasco after notice and a
hearing for good cause, or
in any case where any of
the provisions of this ordi-
nance are violated or
where any employee of the
licensee, including a mas
seur or masseuse is en-
gaged in any conduct which
violated any of the state or
locql ,laws or OrdlOWICOS., at
licensee's place of business
and the licensee has actual
or constructive knowledge
by due diligence Such per-
mit may also be revoked
or suspended by the City of
Pasco after notice and
hearing, upon the recom-
mendations of the Director
of the Franklin County
Health Department that
such business is being man-
aged, conducted or main-
tained without regard to
proper sanitation and
hygiene
Section Thirteen Revoca-
tion of Masseur or Mas-
seuse or Attendant's Permit
A masseur or masseuse
or attendant's permit issued
by the Chief of Police shall
be revoked or suspended
where is appears that the
masseur or masseuse or at-
tendant has been convicted
of any offense which would
be cause for denial of a
permit upon an original <re-
plication, has made a false
statement on an application
for a permit, or has corn
miffed an act in violation of
this ordinance
Section Fourteen Facil
dies Necessary
No license to conduct a
massage, public bathhouse
or athletic club estab-
lishment shall be issued un-
less an inspection by the
City of Pasco reveals that
the establishment complies
with each of the following
minimum requirements
(a) Construction of rooms
used for toilets, tubs, steam
baths and showers shall be
made waterproof with an
proved waterproofed mate-
rials and shall be installed
accordance with the City of
Pasco Building Code
Plumbing fixtures shall be
installed in accordance with
the City Plumbing Code
(1) Steam rooms , and
shower compartments shall
have waterproof floors,
walls and ceilings approved
by the City of Pasco
(2) Floors of wet and dry
heat rooms shall be ade-
quately pitched to one or
more floor drains properly
connected to the sewer
(Exception Dry heat rooms
with wooden floors ne,d to
be provided with pitched
floors and floor drains)
(3) A source of hot water
must be available within
the immediate vicinity of
dry and wet heat rooms to
facilitate cleaning
(b) The premises shall
have adequate equipment
for disinfecting and ster-
ilizing nondisposabie in-
struments and materials
used In administering mas
sages Such nondisposable
instruments and materials
shall be disinfected after
use on each patron
(c) Closed cabinets shall
be provided and used for
the storage of clean linen,
towels and other materials
used In connection with' ad-
ministering massages All
soiled linens, towels and
other materials shall be
kept In properly covered
containers or cabinets,
which containers or cabi-
nets shall be kept separate
from the clean storage
areas
(d) Toilet facilities shall
be provided in convenient
locations When employees
and patrons of different
sexes are on the premises
at the same time separate
toilet facilities shall be pro-
vided for each sex A
single water closet per sex
shall be provided for each
twenty (20) or more em
ployees or patrons of that
sex on the premises at any
one time Urinals may' be
substituted for water closets
after one water closet has
Is 'known or through the
exercise of reasonable care
should be known to be
false, deceptive or mis-
leading in order to Induce
any person to purchase or
utilize any professional mas-
sage services
Section Sixteen Persons
Under Age 18 Prohibited on
Premises
No person shall permit
any person under the age
of eighteen (18) years to
come or remain on the
Premises of any massage
business establishment, as
masseur, employee, or pa-
tron, unless such person is
on the premises on lawful
business
Section Seventeen Alcohol-
ic Beverages Prohibited
No ,person shall sell, give,
dispense, provide or keep,
or cause to be sold, given,
dispensed, provided or kept,
any alcoholic beverage on
the premises of any
licensee
Section Eighteen Hours
No massage business,
public bathhouse or -athletic
club shall be kept open for
any purpose between the
hours of 2 00 AM and 8 00
AM
Section Nineteen Employ-
ment of Massagist or
Attendant
No person shall employ
as a massagist or attendant
any person unless said em-
ployee has obtained and
has In effect a permit is
-sued pursuant to this
ordinance
Section Twenty Inspection
Required
The Chief of Police or his
authorized representatives
shah efrom time to time
make iespection of each
massage, public bathhouse
and athletic club business
establishment for the pur
poses of determining that
the provisions of this ordi
nonce are fully complied
with It shall be unlawful
for any permittee to fail to
allow such inspection officer
access to the premises or
hinder such officer in any
manner
Section Twenty One Un-
lawful Acts
(a) Treatment of persons
of opposite sex restricted It
shall be unlawful for any
person holding a massag-
ist s permit under this ordi
nance to treat a person of
the opposite sex, except
upon the signed order of a
licensed physician, osteo-
path, chiropractor, or regis-
tered pflysical therapist,
which order shall be dated
and shall specifically state
the number of treatments,
not to exceed ten (10) The
date and hour of each
treatment given and the
name of the operator shall
be entered on such order
by the establishment -where
such treatments are given
and shall be subject to in-
spection by the police pur-
suant to Section Twenty
The requirements of this
subsection shall not apply
to treatments given In the
residence of a patient, the
office of a licensed physi-
cian, osteopath or regis-
tered physical' therapist,
chiropractor, or in a regu-
larly established and li-
censed hospital or
sanitarium
(b) it shall be unlawful
for any person, on the Ii
censee's premises, to place
his or her hand or hands
upon, to touch with any
Part of his or her body, to
fondle in any manner, or to
massage, a sexual or gen-
ital part of any other per-
son Sexual or genital parts
shalt include the 'genitals,
pubic area,- buttocks, anus,
or perineum of any person,
or the vulva or breasts of
a female
(c) It shall be unlawful
for any person, on a licen-
see's premises, to expose
his or her sexual or genital
parts, or any portion there-
of, to any other person It
shall also be unlawful for
any person, in a massage
parlor, to expose the sexual
or genital parts, or any
portions thereof, of any
other person
(d) It shall be unlawful
for any person, while in the
premises of any other per-
son on a licensee's prem-
ises, to fall to conceal with
a fully opaque covering, the
sexual or genital parts of
his or her body
(e) It shall be unlawful
for any Person owning, on-
evating or managing an es-
tablishment licensed under
the provisions of this ordi-
nance, knowingly to cause,
allow or permit in or about
such establishment, any
agent, employee, or any
other person under his con-
trol or supervision to per-
form such acts prohibited
In Subsections (a), (b) or
(c) of this section
(f) it shall be further un-
lawful for any permittee un-
der this ordinance to
administer massage on an
outcall basis as defined In
Section One (f) Such per-
son shall administer mas-
sage solely within on
establishment licensed to
carry on such business un-
der this ordinance Any vio-
lation of these provisions
shall be deemed grounds
for revocation of the permit (
granted hereunder The re-
striction on outcall massage
baths shall have no such
opening In the covering
door or curtain, but shall
be clearly marked as to
purpose on the exterior
door or curtain of said cu-
bicle, room or booth Noth
ing contained herein shall
be construed to eliminate
other requirements of stet
ute or ordinance concerning
the maintenance of prem
ises, nor to preclude au
thorlzed inspection thereof,
whenever such inspection is
deemed necessary by the
police Or health
departments
Section Twenty Two Sale
or Transfer or Change of
Location
Upon sale, transfer or re-
location of a licensee s es
tablishment, the license
therefor shall be null and
void unless approved as
provided in Section Six pro-
vided, however, that upon
the death or incapacity of
the licensee or any co licen
see any heir or devisee of
a deceased licensee or any
guardian of an heir or de-
visee of a deceased !ken
see, may continue the
business of the estab
lishment for a reasonable
period of time not to ex-
ceed sixty (60) days to al
low for an orderly transfer
of the license
Section Twenty Three
Name and Place of
Business
Na person granted a ii
cense pursuant to this ordi
nance shall operate the
massage, bathhouse or ath
letic club establishment un
der a name not specified in
his license, nor Vigil he
conduct business under any
designation or location not
specified in his license
Section Twenty Four
Transfer of License
No license or permit shall
be transferable except with
the consent of the City of
Pasco and ratified by the
City Council of the City of
Pasco An application for
such transfer ,shall be in
writing and shall be accom
Ponied by fees prescribed
In Sections Four and Five
The written application for
such transfer shall contain
the same information as re
quested herein for initial
application for the license
or permit
Section Twenty Five Via
lotion and Penalty
Every person, except
those persons who are spe-
cifically exempted by this
ordinance, whether acting
as an individual owner, em
ployee of the owner, oper-
ator or employee of the
operator, or whether acting
as a mere agent or inde
pendent contractor for the
owner, employee or oper-
ator, or acting as a partici
pant or worker In any way
directly or indirectly who
gives massages or operates
a massage establishment,
public bathhouse or athletic
club or any of the services
defined In this ordinance
without first obtaining a II
cense or permit and paying
a fee to do so from the
City of Pasco or shall viol
ate any provisions of this
ordinance shall be guilty of
a misdemeanor and upon
conviction such person shall
be punished by a fine not
to exceed Five Hundred
Dollars ($500) or by impris-
onment for a period not to
exceed six (6) months or
by both such fine and
Imprisonment
Section Twenty-Six
Separability
(a) if any section sub
section, sentence, clause,
phrase or portion of this
ordinance is for any reason
held Invalid or uncon
stitutional by any court of
competent luriscliction, such
portion shall be deemed a
separate, distinct and inde
pendent provision and such
holding snail not affect the
validity of the remaining
Portions thereof
(b) Any ordirpnce or Sec
tion of the Pasip Municipal
Code in conflict herewith
are hereby repealed
(c) This ordinance shall
be in full force and 'effect
from and after its passage,
provided, however, any per
son,' partnership, corporation
or association engaged In
the operation of a massage
business, a public bathhouse
or athletic club in Pasco
and every person engaged
in the business , or profes-
sion of massage, or as an
attendant at a public bath
house or athletic club' In
Pasco at the time of the
enactment of this ordinance
shall have until December
31, W82, in which to comply
with the licensing provisions
of this ordinance
Section Twenty Seven
This ordinance Is a public
emergency ordinance neces-
sary for the protection of
the public health, Public
safety, public property or
the public peace and is ef-
fective upon adoption
Passed this 15th day of
March, 1982
-s- E A Snider,
AttMeastyor
5- Evelyn Wells
City Clerk
Approved as to form
-s Greg Rubstello,
City Attorney
Legal No 12578 — March
19 1982
- -
FINANCE DEPARTMENT
1509) 515 3401
Scan 726 3401
CITY
of
v.
-istAg .4"Yrk .war4ki)w .skawkc, • I. .n 4. *11
PO BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
March 16, 1982
Tri City Herald
P 0 Box 2608
Pasco, Washington 99302
Gentlemen
Please publish the attached Ordinances on the following
date
March 19, 1982
Please send two (2) Affidavits of Publication for each
Sincerely yours,
Evelyn Wells
City Clerk
ew