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HomeMy WebLinkAboutOrd 1534 - Business License for Massage Establishments ,:44!LA �N '5 2 90 C. f T ity Washington Cover page to Ordinance 1534 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY OF TUUKWILA, WASHINGTON, REPEALING CHAPTER 5.40 RELATING TO MASSAGE ESTABL .SF? NTS, ENACTING REVISE CHAPTER 5,40 RELATING TO MASSAGE ESTABLISHMENTS, CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE Ordinance 1534 was amended or repealed by the following ordinances. AMENDED BY: REPEALED BY: 2315 §2 (part) J ILA '1906' CITY OF TUKWIL WASHINGTON, ORDINANCE NO. I AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING CHAPTER 5.40 RELATING TO MASSAGE ESTABLISHMENTS, ENACTING REVISED CHAPTER 5.40 RELATING TO MASSAGE ESTABLISHMENTS, CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Tukwila City Council desires to repeal the existing Ordinances governing massage establishments which have been codified at Chapter 5.40 of the Tukwila Municipal Code, WHEREAS, the Tukwila City Council desires to enact an ordinance revising Chapter 5.40 of the Tukwila Municipal Code, and WHEREAS, this repeal and revision governing massage establishments is in the interest of the public health, safety and welfare, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repeal of Existing Chapter 5.40 of the Tukwila Municipal Code. Chapter 5.40 of the Tukwila Municipal Code is hereby repealed. Section 2. Enactment of Revised Chapter 5.40 of the Tukwila Municipal Code. The following sections numbered 5.40.010 through 5.40.280, to be codified as Chapter 5.40 of the Tukwila Municipal Code, are hereby adopted: 5.40.010 Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: (1) "Employee" means any person over twenty -one 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. (2) "Licensee" means the person to whom a license has been issued to own or operate a massage establishment as defined herein. (3) "Manager" means any employee appointed by the licensee to manage the premises and the other employees. (4) "Massage" means 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. Page 1 0 122T4 0122T4 (5) "Massage establishment" means any establishment having a source of income or compensation derived from the practice of massage as defined in subsection (4) of this section, or a corporation which engages in or carries on any of the activities as defined in subsection (4). "Massage Establishments" include but are not limited to every massage school, massage parlor, massage therapy clinic, sauna, health spa, bath house, or "adult massage parlor" as that term is defined in TMC 18.06.825. (6) Massagist," "masseur," or "masseuse" means any person who, for any consideration whatsoever, engages in the practice of massage as defined in subsection (4) of this section. (7) "Outcall massage service" means 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 subsection (5) of this section. (8) "Patron" means any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give other consideration therefor. (9) "Permittee" means the person to whom a permit has been issued to act in the capacity of a massagist, masseur, or masseuse as defined in subsection (6) of this section. (10) "Person" means any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. (11) "Recognized school" means any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved by or affiliated with the American Massage and Therapy Association, Inc. and which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study not less than seventy hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. (12) "Sexual or genital area" means genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female. 5.40.020 Compliance. The licensee and all its employees, and any person who leases, owns, or rents, either directly or indirectly, the property or premises wherein or whereupon the massage establishment is located to the licensee, shall exercise due diligence to insure compliance with the provisions of this chapter. 5.40.030 Exemptions. This chapter shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions: (1) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the state. Page 2 0122T4 (2) Nurses state. (3) Barbers the laws of apply solely hair of the purposes. who are registered under the laws of this and beauticians who are duly licensed under this state, except that this exemption shall to the massaging of the neck, face, scalp and customer or client for cosmetic or beautifying 5.40.040 License Required. No person shall engage in or carry out the business of massage unless he has a valid massage business license issued by the city pursuant to the provisions of this ordinance for each and every separate office or place of business conducted by such person. 5.40.050 Massagist's Permit Reauired. (a) No person shall practice massage within the city as a massagist, employee, or otherwise unless he has a valid and subsisting massagist's permit issued to him by the city pursuant to the provisions of this chapter. (b) No person shall employ as a massagist any person unless the employee has obtained and has in effect a permit issued pursuant to this chapter. 5.40.060 License Application. (a) Every applicant for a license to maintain, operate, or conduct a massage establishment shall file an application under oath with the city 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. The application, once accepted, shall be referred to the police department for investigation. Copies of the application shall within five days also be referred to the building department, the fire department, and the health department. The departments shall within thirty days inspect the premises proposed to be operated as massage establishment and shall make written verification to the office of the city clerk concerning compliance with the codes of the city 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 information outlined in the subdivisions numbered (1) through (24) which follow this paragraph. All provisions which refer to "applicant" include an applicant which may be a corporation or partnership. (1) A definition of service to be provided; (2) The location, mailing address, and all telephone numbers where the business is to be conducted; (3) The name, telephone number, business address, and residence address of each person who leases, owns, or rents, either directly or indirectly, the premises wherein or whereupon the massage establishment is to be located to the licensee; (4) If any of the person(s) referred to in subdivision (3) is a corporation, the name, telephone number, and residence address of each of the officers and directors of the corporation and of each stockholder owning more than 100 of the stock of the corporation and the address of the corporation itself; Page 3 0122T4 (5) If any of the person(s) referred to in subdivision (3) is a partnership, the name, telephone number, and residence address of each of the partners, including limited partners, and the address of the partnership itself; (6) The name, telephone number, and residence address of each applicant; (7) If applicant is a corporation, the name, telephone number, and residence address of each of the officers and directors of the corporation, and of each stockholder owning more than 10% of the stock of the corporation and the address of the corporation itself, if different from the address of the massage establishment; (8) If applicant is a partnership, the name, telephone number, and residence address of each of the partners, including limited partners, and the address of the partnership itself, if different from the address of the massage establishment; (Subdivisions (9) through (23) of this subsection apply to all persons required to be identified by subdivisions (7) and (8) of this subsection as well as to individual applicants.) (9) The two previous addresses immediately prior to the present address of the applicant; (10) Proof that the applicant is at least twenty -one years of age; (11) The applicant's height, weight, color of eyes, and hair and sex; (12) Copy of identification such as driver's license or social security card; (13) One portrait photograph of the applicant at least two inches by two 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 inches by two inches of all officers and managing agents of the corporation and a complete set of the same officers' and agents' fingerprints, 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 inches by two inches in size of each partner, including a limited partner in the partnership, and a complete set of each partner's or limited partner's fingerprints, which shall be taken by the chief of police or his agent; (14) Business, occupation, or employment of the applicant for the three years immediately preceding the date of application; (15) The massage or similar business license history of the applicant, including whether such person, in previously operating in this or another city or state, has had a business license revoked or suspended, the reason therefor, and the applicant's activity or occupation subsequent to such action or suspension or revocation; (16) All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes, and place convicted; Page 0122T4 (17) The name and address of each massagist who is or will be employed in the establishment; (18) 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 in this chapter, 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; (19) The name and address of all massage businesses and massage establishments situated or located on property or premises owned, leased, or rented by any person whose name is required to be given as a response in subdivisions (3) through (8) of this subsection wherein the business or profession of massage is carried on; (20) A description of any other business to be operated on the same premises or adjoining premises or within the city boundaries, owned or controlled by the applicant; (21) 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; (22) Such other identification and information necessary to discover the truth of the matters specified as required to be set forth in the application; (23) The names, telephone numbers, and current addresses and written statements of at least three bona fide permanent residents 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, and lastly from the rest of the United States. These references must be persons other than relatives or business associates; (24) Whether the establishment will limit the availability of any of its services to any specific sex or to any limited age group or exclude any portion of the public from its premises based upon age or sex. (b) 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. An applicant for a massage establishment license shall notify the city clerk of any change in any of the data required to be furnished by this section within ten days after such change occurs. A holder of a massage establishment license shall notify the city clerk of any change in any of the data required to be furnished by this section within ten days after such change occurs. 5.40.070 Bond Required. (a) All applications for a massage business license shall be accompanied by a bond in the amount of two thousand dollars issued by surety satisfactory to the city, or cash deposit of two thousand dollars, which shall be forfeited to the city in the event that there is any Page 5 0122T4 conviction of any owner, employee, or agent of the massage parlor 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. (b) All applications for a massagist's permit shall be accompanied by a bond in the amount of one thousand dollars issued by surety satisfactory to the city, or cash deposit of one thousand dollars, which shall be forfeited to the city in the event that there is any conviction of the permit holder 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 provisions of this chapter. 5.40.080 Massagist's Permit Application. Application for a massagist's business permit shall be made to the office of the city clerk in the same manner as provided in Section 5.40.070 for massage establishment licenses, accompanied by the annual nonrefundable massagist's permit fee of seventy -five dollars per year or part thereof for every establishment at which the applicant will practice. Massagists who have already paid the permit fee for the current six -month period shall not be required to pay an additional fee hereunder. The application shall contain but not be limited to the following: (1) The business addresses and all telephone numbers where the massage is to be practiced; (2) Name, telephone number and residence address, and all names, nicknames 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; (3) Social Security Number, driver's license number, if any, and date of birth; (4) Applicant's weight, height, color of hair, and eyes, and sex; (5) Written evidence that the applicant is at least twenty -one years of age; (6) A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance, except misdemeanor traffic violations; (7) Fingerprints of the applicant taken by the police department; (8) Two front -face portrait photographs taken within thirty days of the date of application and at least two inches by two inches in size; (9) 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 hours of instruction. (10) The massage or similar business history and experience ten 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 therefor and Page 6 0122T4 the business activities or occupations subsequent to such action of denial, suspension, or revocation. All relevant business addresses and telephone numbers must be provided; (11) The names, telephone numbers, current addresses and written statements of at least five bona fide permanent United States residents, other than relatives, 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 and lastly from the rest of the United States; (12) A medical certificate signed by a physician, licensed to practice in the state, within seven 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; (13) 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; (14) 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; (15) Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, the declaration being duly dated and signed in the city; (16) Valid massage operators licenses from the state and the county must be provided with application. 5.40.090 License or Permit Issuance. The city clerk shall issue a license for a massage establishment or a permit for a masseur or masseuse, after the unanimous ratification by a license committee of the city to be composed of the mayor, the chief of police, and the planning director. The committee members shall ratify the application if they determine that all of the requirements for a massage establishment or a massage permit described in this chapter are met unless they find: (1) 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; (2) 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, adult entertainment, and health regulations; (3) 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; (4) The applicant, if an individual, or any of the officers or directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, is not over the age of twenty -one years. Page 7 0122T4 (5) The manager or other person principally in charge of the operation of the business is not over the age of twenty -one years. 5.40.100 License or Permit Application Approval or Denial. 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. Every license or permit issued pursuant to this chapter will terminate at the expiration of one year from the date of its issuance unless sooner suspended or revoked. 5.40.110 Application Requirements Waiver. The city council or duly authorized committee shall waive the requirements of Sections 5.40.060(a)(15) and 5.40.090(9) if the applicant furnishes satisfactory evidence that he or she attended not less than seventy 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 chapter. 5.40.120 License Nontransferable. No license or permit shall be transferable. 5.40.130 License Posting and Display. (a) Every massagist 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. 5.40.140 License Multiple Locations. Should any applicant or licensee have more than one location where he or she seeks to pursue the business of massage, said applicant or licensee must follow the licensing procedures outlined in this chapter for each and every location. 5.40.150 License -Name of Business and Place of Business. No person granted a license pursuant to this chapter 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. 5.40.160 License Revocation or Suspension. (a) Any license issued for a massage establishment may be revoked or suspended by the city after notice of not less than ten days and after a hearing for good cause to determine whether the licensee is in violation of any one or more of subsections (1) through (8). The city shall revoke or suspend the license of a massage establishment if it determines that: (1) The licensee has failed to comply with the applicable building requirements contained in or referred to in TMC 5.40.190; or Page 8 0122T4 (2) applicable TMC 5.40.200, TMC 5.40.240, TMC 5.40.280; The licensee has failed to comply with the operating requirements contained in TMC 5.40.210, TMC 5.40.220, TMC 5.40.230, TMC 5.40.250; TMC 5.40.260; TMC 5.40.270; or or (3) The licensee has failed to comply with any applicable building, fire, or zoning code provisions; or (4) The licensee has employed persons who, within a period of one year, have been convicted of consumer fraud stemming from activities conducted on the licensed premises or prostitution or violating any provision of Chapter 5.40 of the Tukwila Municipal Code, or who have been arrested for such offenses and ultimately are convicted of such offenses, provided that there are two or more such convictions within one year, or two or more arrests in one year which ultimately lead to convictions; or (5) Has employed as a massagist any person who during any time of such employment does not possess a valid massagist's permit issued by the City of Tukwila; or (6) Subsequent to obtaining his license from the City of Tukwila, the licensee has had any convictions or bail forfeitures which have a direct connection with the licensed activity, including but not limited to consumer fraud, theft, felony assault, controlled substances, prostitution, permitting or promoting prostitution, sexual offenses, lewd conduct, indecent exposure, or obscenity; or (7) The licensee has failed to comply with or do anything which constitutes a basis for denying a license; or (8) The county health department has recommended that such licensee's massage business is being managed, conducted, or maintained without regard to proper sanitation and hygiene. (b) If any licensee under this chapter has his or her license revoked, a license shall not granted under this chapter for a period of at least one year from the date of such revocation. (c) The city may suspend a license for no more than six months. (d) In addition to suspending or revoking the licensee's massage establishment license, the city may seek any other form of legal or equitable relief to enjoin any acts or practices which constitute a violation of any applicable law. 5.40.170 Permit Revocation or Suspension. A masseur or masseuse permit issued by the city clerk shall be revoked or suspended where it appears that the masseur or masseuse has made a false statement on an application for a permit; has committed an act in violation of this chapter; has had any convictions or bail forfeitures which have a direct connection with the licensed activity, including but not limited to consumer fraud, theft, controlled substances, felony assault, prostitution, permitting or promoting prostitution, sexual offenses, lewd conduct, indecent exposure, or obscenity. Page 9 0122T4 5.40.180 License -Sale, Transfer, or Relocation. Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void unless approved as provided in Section 5.40.090; 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 days to allow for an orderly transfer of the license. 5.40.190 Building Requirements. 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: (1) Construction of rooms used for toilets, tubs, steam baths and showers shall be installed in accordance with Chapter 1711, Uniform Building Code. Plumbing and fixtures shall be installed in accordance with the County Plumbing Code. (2) Steam rooms and shower compartments shall be installed in accordance with the Uniform Building Code. (3) 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. (4) A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning. (5) The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron. (6) 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 containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. (7) 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 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. (8) 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. (9) All electrical equipment shall be installed in accordance with the requirements of the State Department of Labor and Industry Electrical Code. Page 10 0122T4 (10) 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 be self closing. (11) All doors on the premises of any massage establishment, excluding doors in office and storage rooms, unless such doors provide access to service areas, must be equipped so that they may not be fastened shut so as to prevent reasonable access by law enforcement authorities who announce their authority to enter prior to inspection of such premises. 5.40.200 Operating Requirements. (a) Every portion of the massage establishment, including applicances and apparatuses, 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 chapter 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 known to be false, deceptive, or misleading in order to induce any person to purchase or utilize any professional massage services. 5.40.210 Hours of Business. No massage business shall be kept open for any purpose between the hours of ten p.m. and eight a.m. 5.40.220 Inspection Reauired. 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 credientials by such persons. 5.40.230 Employees Register. 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 during regular business hours. 5.40.240 Employees Identification Badge Reauired. All employees while on the premises during regular business hours are required to wear an identification badge where it can clearly be seen. Each badge will show the height, weight, color of eyes and hair, employee identification number, name of the business and date of expiration. It will not include the name of the employee. Badges will Page 11 0122T4 contain one color photograph of the employee. All badges will be furnished by the city and new badges will be issued with renewal of license. 5.40.250 Customer Register. Each massage establishment must keep business receipts showing the date of service(s) given, the type of service(s) rendered, and the name and license number of the employee rendering the service(s). These business receipts shall be retained for a period of three years after the date of the service(s), and shall be open to inspection by city officials. 5.40.260 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. 5.40.270 Unlawful Acts. (a) It is unlawful for any person in a massage parlor to place his or her 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. (b) It is 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 is also unlawful for any person in a massage parlor to expose the sexual or genital parts, or any portions thereof, of any other person. (c) It is 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. (d) It is 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. (e) It is unlawful for any permittee under this chapter to administer massage on an outcall basis as defined in Section 5.40.010(7). Such persons shall administer massage solely within an establishment licensed to carry on such business under this chapter. Any violation of these provisions shall be deemed grounds for revocation of the permit granted under the provisions of this chapter. The restriction on outcall massage shall not apply to a permittee who performs outcall massage as defined in this chapter 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 type of service rendered, 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 the 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 or the city is unlawful. Page 12 Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance shall be in force and effect five days after publication of the attached Summary which is hereby approved. PASSED BY THE CITY COUNCIL OF THE CITY OF IJKWI WASHINGTON, this oZ day of 1989. 0 ATTEST /AUTHENTICATED: CItY dLERK, MAXINE ANDERSON APPRO OFFIC By FI �D WITH THE CITY CLERK: 8..21-B9 PASSED BY THE CITY COUNCIL: 8 .2 89 PUBLISHED: 8 -.25- B 9 EFFECTIVE DATE: 9 -3a 8 9 ORDINANCE NO.: 117T1 0122T4 (f) It is 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. 5.40.280 Violation Penalty. Every person, except those persons who are specifically exempted by this chapter, whether acting as a lessor, renter, or owner of the premises wherein or whereupon the massage establishment is located, or whether acting as an individual owner, employee of the owner, operator, employee of the operator, or whether acting as a mere agent or independent contractor for the owner, employee, or operator, or whether acting as a participant or worker, who in any way, directly or indirectly, gives massages or operates a massage establishment without first obtaining a license or permit and paying a fee to do so from the city or who violates any provisions of this chapter 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 months, or by both such fine and imprisonment. AS TO FORM: F THE CITY ATTORNEY Page 13 R,' GARY VAN'DTSEN SUMMARY OF ORDINANCE NO. /.5 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING CHAPTER 5.40 RELATING TO MASSAGE ESTABLISHMENTS, ENACTING REVISED CHAPTER 5.40 RELATING TO MASSAGE ESTABLISHMENTS, CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE On .2/ 1989, the City Council of the City of Tukwila passed Ordinance /.57.341 which provides as follows: repeals Chapter 5.40 of the Tukwila Municipal Code and adopts sections 5.40.010 through 5.40.280, to be codified as Chapter 5.40 of the Tukwila Municipal Code, relating to the licensing and regulation of massage establishments; contains a severability provision; and establishes an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting o PUBLISHED: VALLEY DAILY NEWS Aug st 25, 1989 SENT BY FAX TRANSMITTAL: August 25, 1989 FAX NUMBER: 854 -1006 FROM: CITY OF TUKWILA MAXINE ANDERSON, City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 433 -1800 0122T4 i AAMINE CITY CLERK Page 14 1989.