Loading...
HomeMy WebLinkAbout3822 An ordinance providing a comprehensive --~d' public bath houses, and related businesses; setting forth licensing provisions; and defining penalties for violation of this ordinance; and repealing Ordinances 3648 · and 3169. THE CITY OF BREMERTON DOES ORDAIN: SECTION 1. DEFINITIONS. For the purpose of this chapter, the following terms, words and phrases shall have the following meanings: A. Massage Operator means any person, except those excluded by Section 5 who gives massages or other treatments of the body by rubbing, kneading or manipulation. B. Massage Parlor means any place, except a home where only residents therein are treated, where massages or other treatment of the body by rubbing, kneading or manipulation are given or furnished. C. Public Bathhouse means any place open to the public where Russian, Turkish, Swedish, hot air, vapor, electric cabinet, or other baths of any kind are given or furnished; provided that such term shall not include ordinary tub baths where an attendant is not required. SECTION 2. LICENSES REQUIRED. It is unlawful to conduct, manage, operate or work in any massage parlor, or public bathhouse unless such establishment is licensed as provided in this Section. SECTION 3. LICENSE APPLICATION. A. Every applicant for a license to conduct, manage, or operate a massage business or public bathhouse, shall file an application under oath with the City, upon a form provided by the office of the City Clerk, and pay a non-refundable or transferrable annual license fee, which shall be $200.00 per year. The applicant, at the time of making the first application, shall also pay a one-time investigative fee of $25.00 in addition to the yearly fee. The applicant must furnish a valid and current massage operator's license issued by the State of Washington in accordance with R.C.W. 18.108 or W.A.C. 308-51. B. Every application for a license to conduct, manage, or operate a massage parlor shall contain the following information: 1. The true name, address, and phone number of the applicant. 2. The business name, address and phone number of the applicant. 3. Whether the applicant is a sole proprietorship, a partnership, or a corporation. If the applicant is a partnership, the application shall state the persons sharing in profits. If the applicant is a corporation, the application shall state the officers, directors and shareholders of the corporation, their names and addresses. 4. The length of residence in Bremerton of the applicant. 5. The age of the applicant. 6. Whether the applicant, a partner or a corporate official, has been convicted of a crime, and the nature of that crime. 7. A definition of the service to be provided at the business. 8. The name and address of each massagist who is or will be employed in the establishment. The applicant shall be required to update the application when personnel changes occur. C. No such license shall be granted for any premises until inspection and report as to the sanitary condition thereof by the Bremerton-Kitsap County Health Department. Licensed premises must be similarly inspected at least once a year when renewal of a license is requested, and the areas where massage takes place must be open to inspection during business hours as to sanitary and moral conditions set forth in this ordinance by the police and health departments. 2 D. It is unlawful for any owner, proprietor, manager or such person in charge of any massage parlor, or public bathhouse to employ in such place any person who is not at least 18 years of age, and shall not employ anyone convicted of a crime involving moral turpitude. SECTION 4. MASSAGE OPERATOR'S LICENSE. It is unlawful for any person, except as provided in Section 5 to give a massage or other treatment of the body by rubbing, kneading or manipulation, whether in a massage parlor or public bathhouse, or otherwise, without first obtaining a massage operator's license, the fee for which is $25.00 per year. The license application shall be made in the true name of the applicant and shall state the applicant's date of birth and social security number. The application shall be accompanied by evidence that the applicant holds a valid state massage operator's license. If the City Clerk finds that the information in the application is true and accurate, that the applicant holds a valid state massage operator's license, and that the applicant has not been convicted of a crime or offense involving the use of force and violence upon the person of another that amounts to a felony; sexual misconduct, as defined by the Bremerton Municipal Code or the Revised Code of Washington; or narcotics, dangerous drugs or dangerous weapons that amounts to a felony, within the five years immediately prior to the date of application. SECTION 5. EXEMPTIONS. This chapter shall not apply to massage treatments or baths given in any hospital, or by physical therapists who treat patients only on written prescription of licensed physicians, or by any person licensed by the state to treat the sick, injured or infirm, or by any registered nurse under the direction of a person so licensed. SECTION 6. LICENSE ISSUANCE. The City Clerk shall issue a license for a massage business or public bathhouse, or a permit for a massage operator, 3 after notification by the involved departments of the City, that all requirements in this Chapter have been met unless it finds: A. The correct permit or license fee had not been tendered to the City or, in the case of a check or bank draft, dishonored upon presentation. B. The operation as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to building, zoning and health codes. C. 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. D. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the application is a partnership; and the manager or other person principally in charge of the operation of the business is not over the age of eighteen years. The City Council or its duly authorized committee shall act to approve or deny an application for a license or permit under this Chapter within a reasonable period of time, and in no event shall the City Council or duly authorized committee act to approve or deny the license or permit later than ninety days from the date that the application was accepted by the City Clerk. SECTION 7. LICENSE-MULTIPLE LOCATIONS. Should any massage business or public bathhouse 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 locations, shall be issued by the City Clerk upon the tender of a license fee of $200.00 for each location. Licenses issued by such locations shall terminate on the same date as that of the principal place of business, regardless of the date of issuance. SECTION 8. LICENSE-NAME OF BUSINESS AND PLACE OF BUSINESS. No person granted a license pursuant to this chapter shall operate the massage business or public bathhouse under a name not specified in his license, nor shall he conduct business under any designation or location not specified in his license. SECTION 9. RECORDS. Each applicant must maintain a record of all massage treatments, legible in English, showing the date given, the name and address of the recipient, and the name and address of the operator, to be kept and open to inspection by police officers and health department inspectors during business hours. SECTION 10. HOURS OF BUSINESS. No massage business or public bathhouse shall be kept open for any purpose between the hours of 10:00 p.m. and 8:00 a.m. SECTION 11. OPERATION REQUIREMENTS. A. Every portion of the massage business or public bathhouse, including appliances and apparatus, shall be kept clean and operated in a sanitary condition. B. All employees, including massage operators, shall be clean and wear clean nontransparent outer garmets covering the sexual and genital areas as a minimum, which garments shall be worn only during the period of employment at such massage business or public bathhouse. C. Each massage business or public bathhouse shall be provided with clean, laundered sheets and towels, in sufficient quantity, and such sheets and towels shall be laundered after each use thereof and stored in a sanitary manner. D. No massage business or public bathhouse, granted a license under the provisions of this Chapter, shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is false, deceptive, or misleading in order to induce any person to purchase or utilize any professional massage services. E. Ail doors or doorway coverings within a massage/]- business or public bathhouse shall have an unobstructed openingS" six inches by six inches in size capable of clear two-way viewing Q/ 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 establishment nor more than five and one-half feet from the floor. F. No operator or employee will engage in any sexual conduct as defined in Ordinance 3294. Nothing contained in this Chapter shall be construed to eliminate other requirements of statute or ordinance concerning any maintenance of premises, nor to preclude authorized inspection thereof whenever such inspection is deemed necessary by the Police or Health Departments. SECTION 12. LICENSE RENEWAL. All licenses shall expire on the applicant's birth month and date of every year. All applications for renewal shall be filed with the City Clerk on forms furnished by him or her for such purpose, and he or she shall refer the same to the Chief of Police, who shall within five days furnish a written report to the Clerk containing the result of his or her investigation, and any other matters which might aid the City Clerk in determining whether or not to issue the license. SECTION 13. LICENSE-REVOCATION OR SUSPENSION. Any license issued for a massage business or public bathhouse may be revoked or suspended by the City Council after notice of not less than 10 days, and a hearing for good cause, or in any case where any of the provisions of this chapter are violated, or where any employee of the licensee is engaged in any conduct which violates any state or local laws or ordinances at licensee's place of business, and of which the licensee has actual or constructive knowledge. Such permit may also be revoked or suspended by the City after notice and hearing, upon the recommendations of the County Health Department that such business 6 is being managed, conducted or maintained without regard to proper sanitation and hygiene. SECTION 14. PERMIT-REVOCATION OR SUSPENSION. A massage operator permit issued by the City Clerk shall be revoked or suspended where it appears that the operator 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 chapter. SECTION 15. LICENSE-POSTING AND DISPLAY. A. Every massage operator shall post the permit required by this Chapter in his work area readily available for public inspection. B. Every person, corporation, partnership, or association licensed under this Chapter shall display such license in a prominent place. Name of the responsible manager on duty shall be prominently posted during business hours. SECTION 15A. SEVERABILITY. In the event any section or provision of this chapter shall be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be invalid or unconstitutional. SECTION 16. REPEAL OF PREVIOUS ORDINANCE. Ordinances 3648 and 3169 are hereby repealed. APPROVED by the City Council on the first reading this PASSED uy the y Council of the City of Bremerton, Washington, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~3 day of -~.~~ , 1983. ~¢RRI~ DhWKI~$ ~ayor ATTEST: ATHLEEN L. McCL~SKEY, ~ity Cler~