HomeMy WebLinkAboutOrd 1059 - Business License for Massage Establishments COUNCIL ACTION
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Pingill n60 )3-7)\ ORDINANCE NO. 1059 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REGULATING
AND LICENSING MASSAGE PARLORS WITHIN THE CORPORATE LIMITS
OF THE CITY AND REPEALING ORDINANCES 613, 624, 641, 747, 1011.
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. 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 over twenty -one (21) years of age, other
than a massagist, who renders any service in connection with the operation of a
massage business 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 a massage establishment as defined herein.
c. Manager. Any employee appointed by the licensee to manage
the premises and the other employees.
d. 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 therefore.
e. Massage Establishment. Any establishment having a source of
income or compensation derived from the practice of massage as defined in Subsection
(d), and which has a fixed place of business where any person, firm, association
or corporation engages in or carries on any of the activities as defined in
Subsection (d). Massage establishements shall include, but not limited to, every
massage school, massage parlor, massage therapy clinic, sauna, health spa or bath
house.
f. Massagist, Masseur or Masseuse. Any person who, for any
consideration whatsoever, engages in the practice of massage as defined in Section
1.d.
g. 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 Section l.d.
h. Patron. Any person over twenty -one (21) years of age who receives
a massage under such circumstances that it is reasonably expected that he or she
will pay money or give any other consideration therefore.
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Section 5. Customer Register.
Each individual massage establishment is required to keep a customer
register. Such register shall show the name, address, and time of appointment of all
customers to the establishment. This register will at all times be available for
inspection.
Section 6. 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 respective 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 7. Application for Massage Establishment License.
Every applicant for a license to maintain, operate, or conduct a
massage establishment shall file an application under oath with the City of Tukwila
upon a form provided by the Office of the City Clerk and pay a nonrefundable annual
license fee, which shall be $100 per year or any part thereof. Licensees who have
already paid the license fee for the current (six (6) month) period shall not be
required to pay an additional fee hereunder. The application, once accepted, shall
be referred to the Police Department for investigation. Copies of the application
shall within five (5) days also be referred to the Building Department, the Fire
Department, and the Health Department. The departments shall within thirty (30) days
inspect the premises proposed to be operated as a massage establishment and shall make
written verification to the Office of the City Clerk concerning compliance with the
codes of the City of Tukwila 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 conducted.
c. The name, telephone number and residence address of each applicant
(hereinafter all provisions which refer to applicant include an applicant which may
be a corporation or partnership).
1. If applicant is a corporation, the names, telephone number 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 different from the address of the
massage establishment.
2. If applicant is a partnership, the names, telephone number and
resident 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.
The following Sections, d through r, apply to all persons required
to be identified by Sections 7.0 -1 and 7.0 -2 as well as to individual applicants.
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Section 5. Customer Register.
Each individual massage establishment is required to keep a customer
register. Such register shall show the name, address, and time of appointment of all
customers to the establishment. This register will at all times be_ available for
inspection.
Section 6. 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 respective 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 7. Application for Massage Establishment License.
Every applicant for a license to maintain, operate, or conduct a
massage establishment shall file an application under oath with the City of Tukwila
upon a form provided by the Office of the City Clerk and pay a nonrefundable annual
license fee, which shall be $100 per year or any part thereof. Licensees who have
already paid the license fee for the current (six (6) month) period shall not be
required to pay an additional fee hereunder. The application, once accepted, shall
be referred to the Police Department for investigation. Copies of the application
shall within five (5) days also be referred to the Building Department, the Fire
Department, and the Health Department. The departments shall within thirty (30) days
inspect the premises proposed to be operated as a massage establishment and shall make
written verification to the Office of the City Clerk concerning compliance with the
codes of the City of Tukwila 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 conducted.
c. The name, telephone number and residence address of each applicant
(hereinafter all provisions which refer to applicant include an applicant which may
be a corporation or partnership).
1. If applicant is a corporation, the names, telephone number 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 different from the address of the
massage establishment.
2. If applicant is a partnership, the names, telephone number and
resident 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.
The following Sections, d through r, apply to all persons required
to be identified by Sections 7.0 -1 and 7.0 -2 as well as to individual applicants.
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d. The two (2) previous addresses immediately prior to the present
address of the applicant.
e. Proof that the applicant is at least twenty -one (21) years of age.
f. Individual or partnership applicant's height, weight, color of
eyes, and hair and sex.
g. Copy of identification such as a 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' finger-
prints which shall be taken by the Chief of Police or his agent. If the applicant is
a partnership, one front -face portrait 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.
i. Business, occupation, or employment of the applicant for the
three (3) years immediately preceding the date of application.
j. 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 therefore, 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 who is or will be employed
in said establishment.
m. 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 certificate 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 business or other establishment
owned or operated by any person whose name is required to be given in Section 7.c.
wherein the business or profession of massage is carried on.
o. A description of any other business to be operated on the same
premises on adjoining premises or within the City boundries, 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''he matters hereinbefore specified as required to be set forth in the
application.
r. The names, telephone number and 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
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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 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
necessary investigations. The holder of a massage establishment license 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 8. Application for Massagist's Permits.
Application for a massagist's business permit shall be made to the
Office of the City Clerk in the same manner as provided above for massage establish-
ment licenses, accompanied by the annual nonrefundable massagist's permit fee of $75
for every establishment at which the applicant i11 practice.
per year or part thereof,/ MassagTsts who have already paid the permit tee for the
current (six (6) month) period shall not be required to pay an additional fee hereunder.
The application shall contain but not be limited to the following:
a. The business addresses and all telephone numbers where the massage
is to be practiced.
b. Name, telephone number and residence address, and all navies, nick-
names and aliases by which the applicant has been known, including the two previous
addresses immediately prior to the present address of the applicant and period of
residence there.
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 twenty -one (21)
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 graduation awarded the applicant
showing the applicant has completed not less than seventy (70) hours of instruction.
For persons presently employed as a masseur or masseuse in the City of Tukwila, this
Section shall not apply until January 1, 1979; present employment shall be established
by sworn affidavit from the employer; after which time such person must be actively
engaged, enrolled, or participating in a course of study designed to fulfill the
requirements of this Section and which is certified to by an official of the approved
school. The burden of establishing such active engagement enrollment or participation
shall be upon the person seeking a permit herein. For persons not so employed, this
Section shall be effective upon passage and permits for any persons shall be revoked
on January 1, 1979, unless those persons presently employed are pursuing the study set
forth by that date. In no event shall any person within the purview of this Ordinance
act as aforesaid without satisfying the training requirements set forth within the
City of Tukwila after July 1, 1979.
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j. 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
therefore, and the business activities or occupations subsequent to such action of
denial, suspension or revocation. All relevant business addresses and telephone
numbers must be provided.
k. The names, telephone numbers, 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 certficate 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 examination
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 penaly 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. Valid massage operators licenses from the State of Washington and
King County must be provided with application.
Section 9. Issuance of License or Permit for a Massage Establishment.
The City Clerk shall issue a license for a massage establishment or a
permit for a masseur or masseuse, after ratification by the License Committee of the
City of Tukwila, if all requirements for a massage establishment or massagist permit
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 operation 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.
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1. An offense involving the use of force and violence upon the
person of another than 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 Tukwila 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 crimes 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, 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 corporation; or any of the partners, including
limited partners, if the applicant is a partnership; and the manager or other person
principally in charge of the operation of the business, is not over the age of
twenty -one (21) years.
Section 10. Approval or Denial of Application.
The Tukwila City Council or its duly authorized committee 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 Tukwila City Council or duly
authorized committee act to approve or deny said license or permit later than (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 11. Waiver of Application Requirements.
The Tukwila City Council or duly authorized committee shall waive the
requirements of Sections 7..m. and 8.i. of this Ordinance if the applicant furnishes
satisfactory 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 12. 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 City Clerk upon the
tender of a license fee of ($100) for each location. Licenses issued for such locations
shall terminate on the same date as that of the principal place of business, regard-
less of the date of issuance.
Section 13. Posting of License.
a. Every massagist shall post the permit required by this Ordinance
in his work area readily available for public inspection.
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b. Every person, corporation, partnership, or association license
under this Ordinance shall display such license in a prominent place. Name of the
responsible manager on duty shall be prominently posted during business hours.
Section 14. Register of Employees.
The licensee or person designated by the license of a massage establishment
shall maintain a register of all persons employed at any time, including, but not
limited to masseurs or masseuses and their permit numbers. Such register shall be
available at the massage establishment to representatives of the City of Tukwila
during regular business hours.
Section 15. Revocation or Suspension of License.
Any license issued for a massage establishement may be revoked or suspended
by the City of Tukwila after notice of not less than ten (10) days, 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 violated any of the State or local laws or ordinances at licensee's
place of business and the licensee has actual knowledge constructive knowledge if
due diligence had been used, or constructive notice. Such permit may also be revoked
or suspended by the City of Tukwila after notice and hearing, upon the recommendations
if the King County Health Department that such business is being managed, conducted
or maintained without regard to proper sanitation and hygiene.
Section 16. Revocation of Masseur or Masseuse Permit.
A masseur or masseuse permit issued by the City Clerk shall be revoked or
suspended where it appears that the masseur or masseuse 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 17. Facilities Necessary.
No license to conduct a massage establishment shall be issued unless an
inspection by the Building Official reveals that the establishment complies with
each of the following minimum requirements:
a. Construction of rooms used for toilets, tubs, steam baths and
showers and shall be installed in accordance with Chapter 1711, Uniform Building
Code. Plumbing and fixtures shall be installed in accordance with the King County
Plumbing Code.
1. Steam rooms and shower compartments shall be installed in accordance
with Chapter 1711, Uniform Building Code.
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 not 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 nondisposible instruments and materials used in administering 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
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containers or cabinets, which containers 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 vestibule. Lavatories or
washbasins shall be provided with soap and a dispenser and with sanitary towels.
f. All electrical equipment shall be installed in accordance with
the requirements of the State of Washington, Department of Labor and Industry
Electrical Code.
g. 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.
h. All doors or doorway coverings within a massage 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 establishment not
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 18. Operating Requirements.
a. Every portion of the massage 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 patrons.
c. All employees, including masseurs and masseuses, shall be clean and
wear clean, nontransparent outer garments, covering the sexual and genital areas as
a minimum, whose use is restricted to the massage establishment.
d. All massage establishments shall be provided with clean, laundered
sheets and towels in sufficient quantity and shall be laundered after each use
thereof and stored in a sanitary manner.
e. No massage 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 false, deceptive or misleading in order to
induce any person to purchase or utilize any professional massage services.
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Section 19. Due Diligence.
The licensee and all its employees shall exercise due diligence to insure
compliance with the provisions of this chapter.
Section 20. Persons Under Age 21 Prohibited on Premises.
No person shall permit any person under the age of twenty -one (21) years
to come or remain on the premises of any massage business establishment, as masseur,
employee, or patron, unless such person is on the premises on lawful business.
Section 21. 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 massage business.
Section 22. Hours.
No massage business shall be kept open for any purpose between the hours
of 10 p.m. and 8 a.m.
Section 23. Employment of Massagist.
No person shall employ as a massagist any person unless said employee
has obtained and has in effect a permit issued pursuant to this Ordinance.
Section 24. Inspection Required.
Every massage establishment shall be open for inspection during all
business hours and at other reasonable times by police officers, health and fire
inspectors and duly authorized representatives of the City upon the showing of
proper credentials by such persons.
Section 25. Unlawful Acts.
a. Treatment or massage of persons of opposite sex is restricted. It shall
be unlawful for any person holding a permit under this Section to treat or massage
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 or massages, not to
exceed ten (10). The date and hour of each treatment or massage given and the
name of the operator shall be entered on such order by the establishment where
such treatments or massages are given and shall be subject to inspection by the
police or other authorized persons pursuant to Section 24. The requirements of
this Subsection shall not apply to treatments or massages given in the residence
of a patient, the office of a licensed physician, osteopath or registered
physical therapist, chiropractor, or in a regularly established and licensed
hospital or sanitarium.
b. It shall be unlawful for any person, in a massage parlor, 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.
c. It shall be unlawful for any person, in a massage parlor, to
expose his or her sexual or genital parts, or any portion 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 presence of
any other person in a massage parlor, to fail to conceal with a fully opaque
covering, the sexual or genital parts of his or her body.
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e. It shall be unlawful for any person owning, operating or managing
a massage parlor, knowingly to cause, allow or permit in or about such massage
parlor, 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 1.g. Such persons
shall administer massage solely within an establishment licensed to carry on such
business under this Ordinance. 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 designated 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 Tukwila shall be unlawful.
g. It shall be unlawful for any massage service to be carried on
within any cubicle, room, booth, or any area within a massage establishment which
is fitted with a door capable of being locked.
Section 26. Sale or Transfer or Change of Location.
Upon sale, transfer or relocation of a massage establishment, the
license therefore shall be null and void unless approved as provided in Section 9;
provided, however, that upon the death or incapacity of the licensee or any
co- licensee of the massage establishment, 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 massage establishment for a reasonable period of time not to
exceed sixty (60) days to allow for an orderly transfer of the license.
Section 27. Name and Place of Business.
No person granted a license pursuant to this Ordinance shall operate
the massage 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 28. Transfer of License.
No license or permit shall be transferable.
Section 29. Violation and Penalty.
Every person, except those persons who are specifically exempted by this
Ordinance, whether acting as an individual owner, 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 establish-
ment of any of the services defined in this Ordinance without first obtaining a
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license or permit and paying a fee to do so from the City of Tukwila 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 $500 or by
imprisonment for a period not to exceed six (6) months or by both such fine and
imprisonment.
Section 30. Separability.
If any section, subsection, 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 a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 31. Effective Date.
This ordinance shall be in full force and effect five days after
publication; provided, however, any person, partnership, corporation or association
engaged in the operation of a massage business and every person engaged in the
business or profession of massage, at the time of the enactment of this ordinance
shall have sixty (60) days in which to comply with the licensing provisions of
this Ordinance.
Section 32. Repeal.
Ordinance Numbers 613, 624, 641, 747 and 1011 are hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this S day of 1978.
4110414 Agtad
Mayor
ATTEST:
Cleft
Approved as to form:
1
t
i/kV(
LAWRENCE E. HARD
'Deputy City Attorney
Publish: Record Chronicle, June 11, 1978
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