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Home My WebLink About5373 ORDINANCE NO. 5373 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 5.14 of the Bremerton Municipal Code entitled"Massage and Reflexology Businesses." WHEREAS,the City Council desires to create a new chapter, Chapter 5.14 of the Bremerton Municipal Code, relating to massage and reflexology businesses;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 5.14, entitled "Massage and Reflexology Businesses" is hereby added to the Bremerton Municipal Code to read as follows: Chapter 5.14 MASSAGE AND REFLEXOLOGY BUSINESSES 5.14.010 TITLE AND PURPOSE The City of Bremerton("City")recognizes the health and wellness benefits of massage and reflexology, and that massage and reflexology businesses in the City serve a legitimate and beneficial purpose in the community. The City also recognizes that there are some businesses that hold themselves out as massage or reflexology businesses, but employ unlicensed persons to provide massage or reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or certification. In addition,these businesses that employ unlicensed or uncertified persons to provide massage and reflexology are frequently used to facilitate the commission of various criminal acts, including but not limited to prostitution. Businesses that permit unlicensed or uncertified persons to perform massage and reflexology or permit the commission of unlawful acts threaten the business and reputation of legitimate and licensed businesses and therapists, and present a threat to the public health, safety, and welfare. This chapter is intended to inhibit the ability of an individual or business to engage in the practice of providing unlicensed massage and uncertified reflexology, support the legitimate provision of these services by licensed massage therapists and certified reflexologists, enable consumers to more easily identify licensed massage therapists and certified reflexologists, and regulate massage and reflexology businesses in the best interests of the community. 5.14.020 DEFINITIONS. For purposes of this section, "certified reflexologist," "massage," "massage therapy," "massage business," "massage therapist," "reflexology,"and"reflexology business" shall have 1 Chapter 5.14 BMC—Massage and Reflexology Businesses the meanings set forth in RCW 18.108.010, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. 5.14.030 GENERAL BUSINESS LICENSE REQUIRED. It is unlawful to conduct, operate or maintain a massage, or reflexology business as an owner or manager without first applying for, receiving and possessing a general business license pursuant to Chapter 5.02 BMC. 5.14.040 LICENSURE OR CERTIFICATION REQUIRED. It shall be unlawful for any person to practice or represent himself or herself as a massage therapist or reflexologist in the City without first applying for and receiving a license or certification to practice from the State Depailment of Health pursuant to RCW 18.108.030, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. Failure to have a license or certification as required by this section shall be a misdemeanor. 5.14.050 MASSAGE OR REFLOEXOLOGY BUSINESS OWNER OR MANAGER TO ENSURE VALID LICENSE OR CERTIFICATION —VIOLATION. Any person who with knowledge or criminal negligence allows or permits the unlicensed practice of massage therapy or reflexology to be committed within his or her massage business or reflexology business by another is guilty of a misdemeanor for a single violation. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a gross misdemeanor. 5.14.060 DISPLAY OF LICENSE OR CERTIFICATION. A licensed massage therapist or a certified reflexologist must conspicuously display their credential in their principal place of business in accordance with RCW 18.108.045,adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. If the licensed massage therapist or certified reflexologist does not have a principal place of business or conducts business in any other location,they must have a copy of their credential available for inspection to persons receiving massage or reflexology services or to a City law enforcement officer upon request while performing services within their authorized scope of practice. 5.14.070 INSPECTION OF PREMISES BY CITY LAW ENFORCEMENT PERSONNEL. To the extent authorized by RCW 18.108.190,adopted and incorporated herein by this reference, as currently enacted and hereinafter amended, City law enforcement personnel shall have the authority to inspect the premises of any business where massages or reflexology services are provided. 5.14.080 VERIFICATION OF LICENSE OR CERTIFICATION. If a City official or City law enforcement officer has cause to believe that a massage license or reflexology certification is fraudulent, expired or not issued to a person who represents it to be their license or certification,the City official or City law enforcement officer may require verification of the license or certification. Verification includes,but is not limited to, a 2 Chapter 5.14 BMC—Massage and Reflexology Businesses comparison of the license or certification with a government issued identification bearing the photograph and date of birth of the license or certification holder. 5.14.090 DENIAL, SUSPENSION AND REVOCATION- PROCEDURE. Any application for the issuance or renewal of a general business license issued under this chapter may be denied, or any license issued under this chapter may be suspended or revoked based on one or more violations of the provisions of this chapter or BMC 5.02.170. The procedures for denial, revocation, and appeal are set forth in BMC 5.02.180. 5.14.100 ADDITIONAL ENFORCEMENT. Notwithstanding the existence or use of any other remedy,the City may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provisions of this chapter. SECTION2. Ordinance Review. The City will review, and if necessary, revise the massage and reflexology business ordinance to reflect changed circumstances or new information on or about the one year anniversary of the adoption of the ordinance. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to,the correction of scrivener, clerical,typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the AI 4day of A t► w - ,2019. ERIC YO GER, cil President Approved this 2 t _day of A tt14.s+. , 2019. Alx- W A)......Q.._ GREG ELER, Mayor 3 e Chapter 5.14 BMC—Massage g and Reflexology Businesses ATTEST: APPROVED AS TO FORM: ANGEL OOD , City Clerk RO ER A. LUBOVICH, City Attorney PUBLISHED the ISP 1 day of f'V� Vt 3-�- , 2019. EFFECTWE the day of bar" ,2019. ORDINANCE NO. ,a3-7 R:\Legal\Legal\Ordinances\Police\Massage Businesses\BMC 5.14 Massage Business Ordinance Final9-8-12-19.docx 4 Chapter 5.14 BMC—Massage and Reflexology Businesses PROOF OF PUBLICATION CITY OF BREMERTON EN GINEERING 345 6 TH STREET STE 100 BREMERTON, WA 98337 STATE OF WISCONSIN, COUNTY OF BROWN I, being first duly sworn on oath, deposes and says: That am now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by the order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than 6 months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of the said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date(s), to wit: And on August 27, 2019 such newspaper was regularly distributed to its subscribers during all of said period Subscribed and svjorn/to before on August 27, 2019 Legal Clerk Notary, State of WI, County of Brown My commission expires dodododo Apow Publication Cost: $146.16 Ad No:0003751344 Customer No: 1240752 PO #: CITY OF BREMERTON2 WASHINGTON ORDINANCE NO, 5373 AN ORDINANCE of the City Council of the City of Bremer - Washington, creating Chapter 5.14 of the Bremerton Municipal. Code entitled "Massage and Reflexology Busi- nesses ORDINANCE NO. 5375 AN ORDINANCE of the. City Counetl of the City of Bremer- ton, Washington, relating to a revision of the corporate boundary between the City and Kitsap County to incorpo- rate into the City limits that portion of 1st Street and that portion of Oyster Bay Avenue located within the County PASSED by the City Council on the 21st day of August, 2019. The full text of this ordinance is available from the City Clerk's Otlice, 345 Sixth Street, Suite 100, Bremerton, WA 98337. Au oust 27, 2019 #3751344