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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). ‘ (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