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ORDINANCE NO.
AN ORDINANCE of the City of Kent,
+rlashington, establishing requirements, quali-
fications and procedures for the licensing of
massage businesses, massage operators and pub -
c bathhouses; providing operating standards
I;.
--` and building requirements for massage businesses
and public bathhouses; designating certain types
of conduct as unlawful; providing for abatement
of massage businesses and public bathhouses un-
der certain circumstances; providing for revo-
cation of licenses; and providing penalties for
violations of the ordinance.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1.
Definitions: For the purpose of this chapter#
the following words
and phrases shall have the meanings respect-
ively ascribed to them by this section.
A.
"Employee" means any person over eighteen
(18) years of age, other than a massage op-
erator, who renders any service in connections
with the operation of a massage business, or
public bathhouse, and receives compensation
from the operator of the business or patrons.
B.
"Licensee" means the person to whom a licenses
has been issued to own or operate a massage
business or public bathhouse as defined here-
in.
C.
"Manager" means any employee appointed by
the licensee to manage the premises and the
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other employees.
D.
"Massage" means any method of pressure on or
i
friction against, or stroking, vibrating, or
stimulating of the external parts of the
human body with the hands or with the aid of
any mechanical electrical apparatus or ap-
pliances with or without such supplementary
aids as rubbing alcohol, liniments, anti-
septics, oils, powder, creams, lotions, oint-
ment or other such similar preparations com-
monly used in the practice of massage.
E.
"Public Bathhouse" means any place where
baths or facilities for baths of any kind
whatever are given or furnished and the term
shall include but not be limited to: Finnish
ees shall exercise due diligence to insure compliance with the
provisions of this chapter.
Section 3. Exemptions. This chapter does not apply to:
A. An individual giving massage in their home
to members of their immediate family;
B. Persons licensed in this state to practice
medicine, surgery, drugless thereapy, cos-
metology, barbering, physical therapy, osteo-
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Bath; Russian Bath; Sauna Bath; Swedish Bath;
Turkish Bath; baths by hot air, steam, vapor,
water or electric cabinet; provided, that
such term shall not include ordinanry tub or
f
shower baths where attendant is not required.
F.
"Massage Business" means any establishment
I
having a source of income or compensation
derived from the practice of massage as de-
fined in subsection (D) of this section.
"Massage Business" includes but is not limi-
ted to every massage school, massage parlor,
massage therepy clinic, sauna, or bathhouse.
G.
"Massage Operator" means any person who, for
any consideration whatsoever, engages in the
practice of massage as defined in subsection j
i
(D) of this section.
H.
"Outcall massage service" means any business '
the function of which is to engage in or
carry on the practice of massage at a loca-
tion designated by the customer or client
rather than at a massage business.
I.
"Patron" means any person who receives a mas-j
sage under such circumstances that it is
reasonably expected that he or she will pay
money or give any other consideration there-
for.
J.
"Permittee" means the person to whom a permit!
has been issued to act in the capacity of a
massage operator or as defined in subsection
i
(F) of this section.
K.
"Person" means any individual, partnership,
firm, association, joint stock company,
corporation or combination of individuals of
whatever form or character.
Section 2.
Compliance. The licensee and all its employ
ees shall exercise due diligence to insure compliance with the
provisions of this chapter.
Section 3. Exemptions. This chapter does not apply to:
A. An individual giving massage in their home
to members of their immediate family;
B. Persons licensed in this state to practice
medicine, surgery, drugless thereapy, cos-
metology, barbering, physical therapy, osteo-
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pathy, osteopathy and surgery, chiropractic, 1
podiatry, nursing, or persons working under
prescription, supervision, or direction of
any such person;
C. Massage practiced at the athletic department
of any institution maintained by the public
funds of the state, or any of its political
i
subdivisions;
D. Massage practiced at the athletic department
of any school or college accredited by the
Northwest association of secondary and high
schools.
Section 4. 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 state and the city pursuant to the
provxsions of this ordinance for each and every separate office
or place of business conducted by such person.
Section 5. Massa gist"s Permit -Required.
A. No person shall practice massage within the
city as a massage operator or otherwise un-
less he has a valid and subsisting massagist'�
permit issued to him by the city pursuant to
the provisions of this chapter.
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B. No person shall employ as a massage operator
any person who has not obtained and has in
effect a permit issued pursuant to this chap-#
ter.
Section 6. License -Application. I
A. Every applicant for a license to maintain,
operate, or conduct a massage business or
public bathhouse, shall file an application 1
under oath with the city upon a form provid-
ed by the office of the City Clerk and pay al
nonrefundable or transferable annual license
fee, which shall be one hundred dollars per
year or any part thereof. All licenses shall
expire on the 31st of December of the year o
issue. Copies of the application shall with-
in five (5) days of receipt thereof by the
City Clerk be referred to the Planning,
Building and Fire Departments. The depart- i
ments shall within thirty (30) days inspect
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II the premises proposed to be operated as a
j; massage business or public bathhouse, and
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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 j
the applicant's character and qualifications.
Each application shall contain the following
information:
1) A definition of service to be provided;
2) The location, mailing address and all tel-
ephone numbers where the business is to be
conducted.
i
3) The name, telephone number and residence
address of each applicant, hereinafter allj
provisions which refer to applicant in-
clude an applicant which may be corpo-
ration or partnership;
4) If applicant is a corporation, the names,
telephone number and residence addresses
of each of the officers and directors of
the corporation and of each stockholder
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owning more than ten percent of the stock
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of the corporation and the address of the
corporation itself, if different from the
address of the massage business or public
bathhouse;
5) 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 partner-
ship itself, if different from the address
of the massage business or public bath-
house.
(Subsections (6) through (19) of this sub-
section apply to all persons required to be identified by sub-
divisions (4) and (5) of this subsection as well as to individuals
applicants.)
6) Previous addresses for five (5) years
i
immediately prior to the present address
of the applicant.
7) Proof that the applicant is at least
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eighteen (18) years of age;
8) Copy of identification sudh as driver's
license and social security card.
9) Two (2) portrait photographs of the appli-
cant as prescribed by the Chief of Police
and a complete set of applicant's finger-
prints which shall be taken by the Chief
of Police or his agent. If the applicant
is a corporation, on portrait photograph
as prescribed by the Chief of Police of
all officers and managing agents of the
corporation and a complete set of the samel
officers' and agent's fingerprints which
shall be taken by the Chief of Police or
his agent. If the applicant is a partner-
ship, one front -face portrait photograph
as described above of each partner, in-
cluding a limited partner in the partner- j
i
ship, and a complete set of each partner
or limited partner's fingerprints which
shall be taken by the Chief of Police or
his agents;
10) Business, occupation, or employment of thel
applicant for the three (3) years immedia-,
tely preceding the date of application;
11) 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 busi-
ness license revoked or suspended, the
reason therefor and the activity or occu-
pation subsequent to such action of sus-
pension or revocation; l
12) All criminal convictions or forfeitures
other than parking offenses or traffic
violations, including the dates of con-
victions, nature of the crimes, name of
court and disposition for each owner,
partner or corporation;
13) The name and address of each massagist
who is or will be employed in the estab-
lishment;
14) Applicant must furnish a valid and current
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massage operator's license issued by the
State of Washington in accordance with the
provisions of RCW 18.108 or WAC 308-51.
i
15) The name and address of any massage busi-
ness bathhouse or other establishment {
owned or operated by any person whose name
is required to be given in the subdi-
visions (3) through (5) of this subsection
wherein the business or profession of mas-
sage is carried on;
16) A description of any other business owned
or controlled by the applicant;
17) Authorization for the city, its agents anl
�
employees to seek information and conduct '
an investigation into the truth of the
statements set forth in the application
i
and qualifications of the applicant for
the permit;
18) Such other identification and information,
necessary to discover the truth of the
matters specified as required to be set
i
forth in the application;
19) The names, telephone number and current
addresses and written statements of at
least three (3) bonafide permanent resi-
dents of the United States that the appli-
cant 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, business associates or
other applicants.
Section 7. Massagist's Permit- Application. A licatior
PP PP II
for a massagist's business permit shall be made to the office of
the City Clerk in the same manner as provided for massage busines
or public bathhouse licenses. It shall be accompanied by the an-1
nual nonrefundable, nontransferable massage operator's permit feel
of seventy-five dollars per year or part thereof for every estab-
lishment at which the applicant will practice. The application
shall contain but not be limited to the following:
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A. The business addresses and all telephone
numbers where the massage is to be practiced;
B. Full name, telephone number and residence
address, including previous addresses for
five (5) years immediately prior to the pre-
sent address of the applicant and period of
residence there;
C. Social Security Number, Driver's license
number, if any, and date of birth;
D. Written evidence that the applicant is at
least eighteen (18) years of age;
E. A complete statement of all convictions of
the applicant for any felony or misdemeanor
or violations of a local ordinance, except
minor traffic violations;
F. Fingerprints of the applicant taken by the
Police Department;
G. Two front -fact portrait photographs taken at
the time of application and as prescribed by
the Chief of Police.
H. A description of the applicant's principal
activities or services to be rendered;
I. The massage or similar business history and
experience three (3) years prior to the date
of application, including but not limited to
whether or not such person in previously op-
erating in this or another city or state un-
der license or permit has had such license or
permit denied, revoked, or suspended and the
reason therefor and the business activities
or occupations subsequent to such action of
denial, suspension, or revocation. All rele-
vant business addresses and telephone numbers
must be provided;
J. The names, telephone numbers, current address -j
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es and written statements of at least three
(3) bonafide permanent residents other than
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relatives of the United States that the ap-
plicant is of good moral character. If the
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applicant is able, the statement must first
be furnished from residents of the city, then)
the county, then the state and lastly from
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the rest of the United States;
K. A medical certificate signed by a physician,
licensed to practice in the state, within h
seven (7) days of the date of the applica-
tion. The certificate shall state that the
applicant is free of communicable disease.
L. 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 hereinbe-
for required to be set forth in the applica-
tion;
M. Authorization for the city, its agents and
employees to seek information and conduct an
investigation into the trugh of the statements!
set forth in the application and the qualifi- j
cations of the applicant for the permit;
N. Sworn written declaration by the applicant,
under penalty of purjury, that the foregoing
information contained in the application is
true and correct, the declaration being duly
dated and signed;
O. Valid massage operator's license from the
state must be provided with application.
Section 8. License or Permit - Issuance: The City Clerk
shall issue a license for a massage business or public bathhouse,
or a permit for a massage operator, after notification by the
invloved departments of the City, that all requirements for a mas-j
sage business or massage operator's permit described in this chap-
ter have been met unless it finds:
it
A. The correct permit or license fee had not
I' been tendered to the city or, in the case of
a check or bank draft, dishonored upon pre-
sentation.
B. The operation as proposed by the applicant,
if permitted, would not comply with all ap-
plicable laws, including but not limited to
building, zoning and health codes.
! C. The applicant, if an individual, or any of
i! the stockholders holding more than ten per-
cent of the stock of the corporation, any of
if the applicant
the officers and directors,
is a partnership; 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 that would have
constituted any of the following offenses if
committed within the state:
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1) An offense involving the use of force and
violence upon the person of another that
I
amounts to a felony; j
2) An offense involving sexual misconduct;
3) An offense involving narcotics, dangerous
drugs or dangerous weapons that amounts to
a felony.
The city may issue a license or permit to
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any person convicted of any of the crimes
described in subdivisions (1) through (3) of
this subsection if it finds that such con-
viction occurred at least five (5) years prior
to the date of the application, and the ap-
plicant has had no subsequent felony convic-
tions of any nature, and no subsequent mis-
demeanor convictions for crimes mentioned in
i
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 there-
with.
E. The applicant has had a massage business,
public bathhouse, massage operator, or other
similar permit or license denied, revoked or
suspended by the City or any other state or
i
local agency within five (5) years prior to
the date of this 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 eight -j
een (18) years.
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Section 9. License or Permit -Application -A pp roval or
Denial. The City Council or its duly authorized committee shall
act to approve or deny an application for a license or permit un-
der 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 (90) days
from the date that the application was accepted by the City Clerk.,
Section 10.License-Nontransferable. No license or per-
mit shall be transferable.
Section ll.License-Posting and Display.
A. Every massage operator shall post the permit
required by this chapter in his work area
readily available for public inspection.
B. Every person, corporation, partnership, or
association license under this chapter shall
display such license in a prominent place.
Name of the responsible manager on duty shall
be prominately posted during business hours.
Section 12.License-Multiple Locations. Should any mas-
sage business or public bathhouse 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 ten-
der of a license fee of one Hundred Dollars for each location.
Licenses issued for such locations shall terminate on the same
I
date as that of the principal place of business, regardless of
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the date of issuance.
I
Section 13.License-Name of Business and Place of Busi-
ness. No person granted a license pursuant to this chapter shall
operate the massage business or public bathhouse under a name not
specified in his license, nor shall he conduct business under any
designation or location not specified in his license.
!I Section 14.License-Revocation or Suspension. Any li-
cense issued for a massage business or public bathhouse may be re-
voked or suspended by the City Council 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 chapter are violated, or where
any employee of the licensee is engaged in any conduct which vio-
lates any state or local laws or ordinances at licensee's place of,
business and of which the licensee has actual or constructive
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knowledge. Such permit may also be revoked or suspended by the
City after notice and hearing, upon the recommendations of the
county health department that such business is being managed, con -i
ducted, or maintained without regard to proper sanitation and
hygiene.
Section 15.Permit-Revocation or Suspension. A massage
operator permit issued by the City Clerk shall be revoked or sus-
pended where it appears that the operator 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 chap-
ter.
Section 16.License-Sale, Transfer, or Relocation. Upon
sale, trasfer or relocation of a massage business or public bath-
house, the license therefore shall be null and void unless ap-
proved as provided in Section 5.28.050; provided, however, that
I
upon the death or incapacity of the licensee or any colicensee of 5
the massage business or public bathhouse, any heir or devisee of
a deceased licensee, or any guardian of an heir or devisee of a
i
deceased licensee may continue the business of the massage busi-
ness or public bathhouse for a reasonable period of time not to
exceed sixty (60) days to allow for an orderly transfer of the
license.
Section 17. Hours of Business. No massage business or
public bathhouse shall be kept open for any purpose between the
i
hours of ten p.m. and eight a.m.
Section 18. Inspection Required. Every massage business
�I or public bathhouse shall be open for inspection during all busi-
1 ness 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 per-
sons.
Section 19.Employees-Register. The licensee or person
'I
designated by the licensee of a massage business of public bath-
house shall maintain a register of all persons employed at any
time, including but not limited to massage operators and their
it permit numbers. Such register shall be available at the massage
business or public bathhouse to representatives of the City dur-
ing regular business hours.
j' Section 20.Persons Under Age Eighteen 'Prohibited on
Premises. No person shall permit any person under the age of
eighteen (18) years to come or remain on the premises of any mas-
sage business or public bathhouse, as massage operator, employee
or patron.
Section 21.
Unlawful Acts.
A.
It is unlawful for any person in a massage
business or public bathhouse 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.
B.
It is unlawful for any person in a massage
business or public bathhouse to expose or
permit to be exposed his or her sexual or
genital parts, or any portion thereof, to any
other person.
C.
It is unlawful for any person, while in the
presence of the other person in a massage
business or public bathhouse, to fail to
conceal with a fully opague covering, the
sexual or genital parts of his or her body.
D.
It is unlawful for any person owning, opera-
ting or managing a massage business or public)
I
bathhouse knowingly to cause, allow or permit
in or about such massage business or public
bathhouse any agent, employee, or any other
person under his control or supervision to
perform such acts prohibited in subsections
(A) , (B) , (C) or (F) of this section.
E.
It is further unlawful for any permitee un-
I
der this chapter to administer massage on an
outcall basis within the City of Kent. Such
persons shall administer massage solely with-
in 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 restric-
tion 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 or physical de-''
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fects or incapacities or due to illness is
physically unable to travel to the massage
business or public bathhouse. Any unautho-
rized disclosure or use of such information
by an employee of the business or the City
is unlawful.
F. It is unlawful for any massage service to be
carried on within any cubicle, room, booth,
or any area within a massage business or
public bathhouse which is fitted with a door
capable of being locked.
Section 22. Public Nuisance. Any massage business opera-
ted, conducted or maintained contrary to the provisions of this
chapter or any law of the City or State of Washington shall be,
and the same hereby is, declared to be unlawful and a public nui-i
sance and the City Attorney may, in addition to or in lieu of
prosecuting a criminal action hereunder, commence an action or
actions, for the abatement, removal and enjoinment thereof, in they
manner provided by law; and he shall take such other steps and
I
shall apply to such court or courts as may have jurisdiction to
grant such reliefs as will abate or remove such massage business j
or public bathhouse, and restrain and enjoin any person from op-
erating, conducting or maintaining a massage business or public
bathhouse contrary to the provisions of this Chapter.
Section 23. Operating Requirements.
A. Every portion of the massage business or
public bathouse, including appliances and
apparatus, shall be kept clean and operated
in a sanitary condition.
B. Price rates for all services shall be prom-
inently posted in the reception area in a
location available to all prospective patrons.;
C. All employees, including massage operators
shall be clean and wear clean nontransparent
outer garments covering the sexual and gen-
ital areas as a minimum, whose use is re-
stricted to the massage business or public
bathhouse.
D. Each massage business or public bathhouse
shall be provided with clean, laundered
sheets and towels in sufficient quantity and
shall be laundered after each use thereof and
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stored in a sanitary manner.
E. No massage business or public bathhouse,
granted a license under the provisions of
this chapter shall place, publish or dis-
tribute or cause to be placed, published or
distributed any advertisement, picture, or
statement which is false, deceptive, or mis-
leading in order to induce any person to pur-
chase or utilize any professional massage
services.
Section 24.Building Requirements. No license to conduct
a massage business or public bathhouse, shall be issued unless an
inspection by the building official reveals that the establish-
ment complies with each of the following minimum requirements:
A. Construction of rooms used for toilets, tubs,
steam baths and showers shall be installed
in accordance with Chapter 1711 Uniform
i
Building Code, 1979 Edition or as the same
may be hereafter amended.
B. Steam rooms and shower compartments shall be
installed in accordance with Chapter 1711,
Uniform Building Code, 1979 Edition or as the
same may be hereafter amended.
i
C. 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.
D. A source of hot water must be available with
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in the immediate vicinity of dry and wet heat
rooms to facilitate cleaning.
i;
E. The premises shall have adequate equipment
for disinfecting and sterilizing nondispos-
able instruments and materials used in ad-
ministering massages. Such nondisposable
instruments and materials shall be disinfect-
ed after use on each patron.
F. Closed cabinets shall be provided and used
for the storage of clean linen, towels and
other materials used in connection with ad-
ministering massages. All soiled linens,
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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.
G. Toilet facilities shall be provided in con-
venient locations. When employees and pa-
trons of different sexes are on the premises
at the same time, separate toilet facilities
i
shall be provided for each sex. A single
water closet per sex shall be provided for
every 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
accomodated therein.
H. Lavatories or washbasins provided with both
hot and cold running water shall be installed
in either the toilet room or a vestibule.
Lavatories and washbasins shall be provided
with soap and single service towels.
I. All electrical equipment shall be installed
I
in accordance with the requirements of the
State Department of Labor and Industry Elec-
trical Code.
J. 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.
K. All doors or doorway coverings within a mas-
sage business or public bathhouse shall have
an unobstructed opening six inches by six
inches in size capable of clear two-way view-
ing 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 nor more than five and one-half
feet from the floor. Toilets and cubicles
used solely for the application of liquid
vapor baths shall have no such opening in the
covering door or curtain, but shall be clear-
ly marked as to purpose on the exterior door
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or curtain of the cubicle, room or booth.
Nothing contained in this chapter shall be
construed to eliminate other requirements of
statute or ordinance concerning and maint-
enance of premises, nor to preclude authorized
inspection thereof, whenever such inspection
is deemed necessary by the police or health
departments.
Section 25.Violation Penalty Every person, except
those persons who are specifically exempted by this chapter,
whether acting as an individual owner, employee of the owner, op-
erator or employee of the operator, or whether acting as a mere
agent or indpendent contractor for the owner, employee or opera-
tor, or acting as a participant or worker in any way directly or
indirectly who gives massages or operates a massage business or
a public bathhouse, of any of the services defined in this chap-
ter without first obtaining a license or permit and paying a fee
to do so from the City, or violates any provisions of this chap-
ter shall be guilty of a misdemeanor; and upon conviction such
person shall be punished by a fine not to exceed five hundred
dollars ($500), or by imprisonment for a period not to exceed
ninety days, or by both such fine and imprisonment.
Section 26.Repeal. Ordinance No. 1669 of the City of
i,Kent and any ordinances or parts of ordinances in conflict here -
!with are hereby repealed.
Section 27. This Ordinance shall take effect and be in
'force five (5) days from and after its passage, approval and pub-
lication as provided by law.,',
ATTEST:
MARIE JENSEN, CI CL K
;ROVED AS TO FORM:
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PASSED the >`
APPROVED the
PUBLISHED the
day of March, 1981.
day of March, 1981.
day of March, 1981
I hereby certify that this is a true copy of Ordinance
No. _ passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
�s�.L z (SEAL)
MARIE JE SEN, C TY CLERK
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