HomeMy WebLinkAbout3169 ORDINANCE NO.
AN ORDINANCE relating to the licensing
of massage parlors and public bathhouses,
body painting studios and photo studios
where models are provided.
THE CITY OF BREMERTON DOES ORDAIN: The following concerning
the regulation and licensing of public massage parlors, public
bathhouses and attendants for public massage parlors and
public bathhouses, body painting and photo studios where models
are provided and attendants and models.
SECTION 1. Definitions. For the purpose of this
ordinance, the following terms, words and phrases shall have the
following meanings:
1. Massage Parlor Defined. For the purpose of this
ordinance a massage parlor is hereby defined to mean any building,
room, place or establishment, other than a regularly licensed
hospital or dispensary, where nonmedical and nonsurgical
manipulative exercises are practiced upon the human body, for
other than cosmetic or beautifying purposes, with or without
the use of mechanical or bathing devices, by anyone not a
physician or surgqon or of a similarly registered status and
specifically exempting licensed practitioners.
2. Person; Means any individual, firm, partnership,
association, corporation, company, or organization of any kind.
3. Ma~_sage parlor attendant. Any person who administers
to, or performs services for, patrons of a massage parlor or
who supervises the work of a masseur or masseuse or other person
administering to, or performing services to such patron. The
term does not include a person who performs only custodial or
janitorial work.
4. Masseur and Masseuse. Any person engaged in the
practice of massage and shall be referred to herein only as a
masseur.
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5. Body Painting Studio. The operation of a business
where models are available to posD for photographs taken by
customers or where models are provided to pose with customers.
6. Models. Any person who for monftary gain poses
for, and allows, another to photograph, draw, paint, or allows
another person to apply paint, powder, or similar material to
their body.
7. Body Painting andPhotoStudio Attendant. Any
person who administers to, or performs services for, patrons of
a body painting or photo studio or supervises the work of another
person administering to or performing services for such patrons.
The term does not include a person who performs only custodial
or janitorial work.
8. 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 ordinary tub or shower baths
where an attendant is not required.
9. Public Bathhouse Attendant. Any person who adminsters
to, or performs services for patrons of a massage parlor or
who supervises the work of a masseur or masseuse, 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.
Section 2. Licenses Required. No person shall without a
license as hereinafter provided, engage in the business, occupation,
or practice of any of the professions covered by this ordinance
or of hiring or employing any person for such business or act as
proprietor or manager of any place of business where one or more
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such persons are employed.
Each proprietor, operator, or owner of any of the
businesses covered by this ordinance shall apply to the chief
license inspector by a form provided by him containing such
information as a chief license inspector shall deem necessary
for the issuance of such license. Said applica~ton shall be
referred to the police department for a report. No person, firm,
or corporation, who does not meet the following requirements shall
be granted a license:
a. That the officers of a corporation, members of
a firm or individual persons shall be of good moral character
and never have been convicted of a felony or misdemeanor involving
moral turpitude.
b. That no person, firm, or corporation shall be
entitled to a license issued hereunder who has been denied such
license during the preceding twelve (12) months.
c. That the establishment meets the sanitary require-
ments established by the county health officer.
The approval of the City Council shall be secured
by each applicant before the issuance of any license by the chief
license inspector pursuant to this chapter.
Section 3. License fees. Every owner, 'proprietor,
or operator of any of the businesses covered by this ordinance
provides such services for fee, hire, or reward, or without such
fee, hire, or reward, provides such services to members of the
public generally, shall obtain such license as is required by this
ordinance. The fee for such license shall be set fixed at
$200.00 dollars renewable each calendar year.
In addition to the above fee the licensee shall pay
annually ~venty-five ($25.00) Dollars for each attendant.
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Section 4. Investigation fees. Each applicant
for an operator's license of any establishment covered by
this ordinance shall pay an investigation fee of Twenty-Five
Dollars ($25.00) at the time of the placing of an application
for a license herein. Each officer of the corporation and
member of a firm shall be investigated.
Section 5. Employees. No proprietor of any
establishment covered by this ordinance shall employ any
person within such establishment without such person having
secured a work permit from the Chief License Inspector. No
employee shall be granted a work permit under this chapter
unless he is a person of good moral character and never
been convicted of a felony or misdemeanor involving moral
turpitude. Each person applying for a work permit shall pay
an investigation fee in the sum of Twenty-Five Dollars ($25.00)
at the time said application is filed.
Section 6. Health Permit. No proprietor of any of
the establishments covered under this ordinance or employee,
shall be granted a license or a permit as required herein
unless such person presents a certificate of a licensed
physician, bearing a date not more than thirty (30) days prior
to the date of application, showing the applicant to be free
of any contagious, infectious or communicable disease and
said certificate from a doctor shall be renewed by each
person annually.
Section 7. Treatment. No proprietor or employee or
any of the establishments covered underthis ordinance shall treatany
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person behind locked doors.
Section .~ . License To Be Displayed. Every licensed
establishment and attendant under this ordinance shall display
the license granted to them by the city conspicuously and in such
a manner that it may be readily seen by persons enter~ing, the
premises. No establishment under this ordinance shall operate
under any name or conduct said business under any designation not
specified in the license.
Section ~_. Facilities and Equipment. It shall be
the duty of every person conducting or operating any establishment
covered by this ordinance to keep the premises at all times in
clean and sanitary condition and all instruments, mechanical,
therapeutic, and bathing devices, to come in contact with the
body, shall be sterilized by a modern and approved method, and
any instruments or devices or parts thereof having been used on
one person shall be sterilized before being used on another
person. All towels and linens for the use of one person shall be
laundered or cleaned before they are used by any other person.
All employees shall wash their hands thoroughly before
administering any treatments or services.
Section /0. Treatment of Persons With Communicable
Diseases. No person known to be suffering from a communicable
disease shall be treated in any establishment under this
ordinance within the city.
Section // . Records and inspection. Every proprietor of
a business covered by this ordinance shall keep a record of the
date and hour of each treatment
and the
name of the operator administering said treatment. Such records
shall be subject to inspection for good reason by the police
department at all reasonable times. Such records shall be kept
for a minimum of five years.
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Section ~ Transfer of Sale of Business. Licensee
shall be restricted in the exercise of their license to the
place set forth in said license and no license shall be transferable.
No licensee shall remove his business to a place other than that
licensed without the prior approval of the City Council.
Section /3. Inspection of Premises. Any establishment
covered by this ordinance shall be at all reasonable times open
to inspection ~f compliance with this ordinance by the Kitsap
County Health Department, the Bremerton Police Department, the
Bremerton Fire Department, the City Attorney's Office, and any
other person or organization deemed necessary to make inspection
by ~]e City Council of the City of Bremerton.
Sec~~. Unlawful to Admit Certain Persons. It is
unlawful for the owner, proprietor, manager or person in charge of
any establishment covered by this ordinance or for any employee
of such establishment to knowingly harbor, admit, receive or permit
to be or remain in or throughout such premises, any prostitute,
lewd or dissolute person, any drunken or boisterous person, or
any person under the influence of intoxicating liquor or narcotic
drugs, or any person whose conduct tends in any way to corrupt
the public morals. All customers shall be of legal age. Any
customers under legal age shall produce written consent of
parent or guardian to be kept in the ledger.
Section /5- It shall be unlawful for any owner, proprietor,
manager, employee, or agent of any establishment covered under
this ordinance, to touch, or permit to be touched, or manipulated,
the genitals of a customer in any manner, and such activity shall
be grounds for revocation of the business license, as well as
the employees license, whether the owner, partners, or corporation
knew of, or encouraged, the act or whether the customer requested
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or acquiesed in the act.
Section /~. Denial of License - Hearing. Any person
whose-application or license has been denied or revoked, may,
within ten (10) days following notification of the denial or
revocation, file a request for a hearing with the Bremerton City
Council. The Commissioners shall set a hearing date within
thirty (30) days of receiving such request.
Section/7- Penalty. Any person violating this ordinance
is guilty of a misdemeanor and upon conviction shall be punished
by a fine not more than three hundred ($300.00) dollars and/or
imprisonment in the city jail for not more than ninety (90) days
and such establishment where such violations shall occur may have
its license to operate a business under this ordinance revoked.
Section /~. Severability. If any section, sub-section,
sentence, clause, phrase, or portion of this Ordinance is, for any
reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed to be a separate,
distinct and independant provision and such holding shall not
~ffect the Validity of the remaining portions of this ordinance.
APPROVED by the City Council on the first reading this
- day of July, 1974.
PASSED by the City Council of the City of Bremerton,
signed by the Mayor and attested by the City Clerk in
authentication of Such passage this _ ay of 1974.
ATTEST:
G. C. , SR., City Clerk
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