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HomeMy WebLinkAboutOrd 1011 - Amend Business License for Massage Parlor and Public Bath Houses (Repealed by Ord 1059)CITY QF TUKWI REPEALED B1'1659 WASHINGTON ORDINANCE NO. 1011 REPEALED BY 1059 AN ORDINANCE OF THE CITY OF TUKWILA AMENDING TUKWILA MUNICIPAL CODE SECTION 5.40.050 AND 5.40.100 AND 5.40.160; AND DECLARING AN EMERGENCY THE CITY COUNCIL OF THE CITY OF TUKWILA DOES ORDAIN AS FOLLOWS: Section 1: Tukwila Municipal Code Section 5. (Ordinance 613, Section 5, 1970), entitled "Application for and renewal of license massage parlow public bathhouse," is hereby amended to read as follows: "No license or renewal of license to conduct a massage parlor or public bathhouse shall be issued or renewed except upon written application to the City Clerk's office which shall be signed and sworn to by the person who intends to conduct, operate, or maintain a massage parlor or public bathhouse. Such application shall contain the following information: "(1) The true name, home address and telephone number of the applicatn; "(2) The business name, business address and telephone number of the establishment or proposed establishment; "(3) Whether applicant is a sole proprietorship, partnership or corporation; if partnership, giving the names of all persons sharing in the profits of said business; if corporation, giving the names of its officers, directors and shareholders, giving title, residence address and telephone number of each; "(4) How long applicant (or if corporation, its officers) have resided in King County; "(5) If sole proprietorship or partnership, stating whether applicant is of legal age; "(6) Whether the applicant or anyone owning an interest in the business, or proposed business, has ever been convicted of any crime. If so, sta tiny what crime, when and where; "(7) Such other information as the City Clerk may require. "Such application will be accompanied with a bond in the amount of one thousand dollars ($1,000) issued by surety satisfactory to the City, or cash deposit of one thousand dollars ($1,000), which shall be forfeited to the City in the event that there is any conviction of any owner, employee or agent of the massage parlor or public bathhouse of any lewd, indecent, or obscene act or behavior on the premises, or for a conviction for violation of any federal, state or local law relating to sex offenses arising out of conduct on the premises, or for violation of any provision of this chapter." Section 2. Tukwila Municipal Code, Section 5.40.100 (Ordinance 613, Section 10, 1970), entitled "Unlawful to admit certain persons" is hereby amended to read as follows: "It is unlawful for the proprietor, manager or person in charge of any massage parlor or public bathhouse, or for any employee of said establishment, to knowingly harbor, admit, receive or permit to be or remain in or about such premises, any person engaging in any lewd or dissolute act or behavior, any act of prostitution or solicitation of prostitution, any drunken or boisterous person, any person under the influence of intoxicating liquor or narcotic drugs, or any person engaging in any indecent or immoral act or behavior." Section 3. Tukwila Municipal Code, Section 5.40.140 (Ordinance 624, Section 5, 1970): Ordinance 613, Section 14, 1970 entitled "Application for an renewal of license," is hereby amended as follows: "All applications for issuance of renewals of a massage operator's license or massage parlor attendant's license shall be made to and be filed with the City Clerk's office on forms furnished by him for such purpose and the same shall contain the following information: "(1) The true name, home address and telephone number of the applicant; "(2) The business name, business address and telephone number of the establishment or proposed establishment; "(3) How long the applicant has resided in King County; "(4) Age of applicant, who must be at least 21 years of age; "(5) Whether applicant has ever been convicted of any crime. If so, stating what crime, when and where; "(6) References as to moral character of applicant from at least 3 reputable citizens of King County, which latter requirement need not be complied with in the case of an application for a license renewal. Upon filing of such application and if the clerk finds the application to be in proper form and references to be authentic, he shall refer the same to the police depart ment of the City with the request to investigate the statements contained in said application and for him to furnish a written report containing the results of his investigation, together wich such other information as may aid the City Council in determining whether such installation should be at issue. The City Clerk shall also refer the application to the Health Officer of the City or the Director of the Seattle -King County Health Department with the request to examine the applicant physically to ascertain that said applicant is free from contagious or infectious diseases and to make a written report thereon. In addition to the foregoing any such applicant shall submit to an examination by the King County examining board for masseurs as established by Resolution No. 31755 as amended by Resolutions No. 32850 and No. 35143 and to comply with all requirements thereof. "Upon receipt of the foregoing reports and the finding that such applicant has been approved by the aforespecified examining board, and if from said reports and other information available the Council deems the applicant to be a fit and proper person, the City Council shall issue or shall renew the license applied for. "In determining whether or not the applicant is a fit and proper person, the Council shall consider the following factors: "(1) Whether applicant has fully and truthfully completed the application form; "(2) Whether applicant has ever been convicted of a sex related offense, whether a felony or a misdemeanor; A'PROVED AS TO "(3) Whether applicant has ever been convicted of any felony; "(4) Whether applicant has procured a King County and State license; "(5) Whether applicant has been examined and approved by the health department; "(6) Whether applicant has been approved by the King County examining board for masseurs. "Any applicants for renewal licenses who have previously been approved by the examining board and the City and found qualified need not resubmit to such examining board. "The City Council may issue a temporary permit to any applicant, in the case of initial application, to be effective for not more than thirty days for good cause shown or if such applicant has a valid, effective license issued by King County for any of the aforesaid position or positions. In any such case however, an investigation shall be made by the police department and health officer of the City prior to the issuance of such temporary permits." Section 4. Tukwila Municipal Code, Section 5.40.160 (Ordinance 624, Section 6, 1970: Ordinance 613, Section 16, 1970), entitled "Suspension or revocation of license" is hereby amended to read as follows: "Public Hearing. In addition to any other penalty provided herein or by law, the City Council after due notice of a hearing is given to the licensee of not less than ten days, shall have the right to suspend or revoke any license issued pursuant to the terms of this chapter, after a hearing thereon. "Such suspension or revocation of any license granted in this chapter may be undertaken by the City Council or its duly authorized committee upon a showing that any establishment or premise licensed hereunder is operated in violation of any of the provisions herein or that said establishment or facility has allowed, harbored, admitted or received or permitted in or about such premises any person engaging in a lewd or dissolute act or behavior, any person engaging in any act of prostitution or solicitation of prostitution, any drunken or boisterous person, any person under the influence of intoxicating liquor or narcotic drug, or any person engaging in any indecent or immoral behavior of act." Section 5. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances, shall not be affected. Section 6. This ordinance is necessary for the immediate preservation of the public health, peace and safety and shall take effect immediately upon its passage and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this 44 day of A a r 1 1977. ATTEST: ity Attorney Published: Record'Chrontiicle, April 8, 3 1977 Ag. deaei Mayor 1 /91 Date *roved" C i ty'Cl ee