HomeMy WebLinkAbout4156AN ORDINANCE' of the City Council of the
City of Kent, Washington, amending Title 9 of the
Kent City Code entitled "Public Safety," by adding a
new Chapter 9.Q4, entitled "Massage and
Reflexology Services," and amending Chapter 5.01,
entitled "General business Licenses," by adding a
new section S.Oi.135, ent(tled "Massage or
reflexology businesses -Conviction for prostitution
or fraud related activity - Conviction for violation of
Chapter 9.04 KCC - Denial or revocation of
business license,"
RECITALS
A. Licensed massage practitioners and reflexologists play an
important role in the health and wellbeing of our community.
B. While massage therapists and reflexologists must obtain a
state license to practice, Washington State engages in little regulation of
massage parlors themselves.
C. In Kent, as in most other Washington jurisdictions, massage
parlors have opened to provide massage and reflexology by non -licensed
practitioners. There is no way to ensure that the practitioners providing
1 Amend KCC 9—Public safety
Massage and Reflexology Services
.Amend KCC 5.Ux - ,business Licensing
these services comply with the health and safety requirements of state
lM1
D. Moreover, these businesses are, on occasion, engaged in
criminal activity such as prostitution, The Kent Police Department has
investigated some of the unlicensed businesses, and has established
probable cause to file criminal charges. However, these investigations are
very time consuming and resource intensive. In addition, there have
been circumstances in which businesses employing non -licensed massage
and reflexology practitioners have been charged with a criminal offense,
and later reopen to provide the same services under a different name.
E. These illegitimate service providers threaten the reputation of
licensed massage practitioners, and threaten the public health, safety and
welfare.
F. Requiring all massage and reflexology providers to be licensed
under state law, and requiring all practitioners and business owners to be
responsible for proper state licensing will reduce the incidence of criminal
activity, will protect the reputation of properly licensed providers, and will
protect the public health, safety and welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
C}RDTNANCE
SECTION �. -Amendment. Title 9 of the Kent City code, entitled
"Public Safety," is amended by adding a new chapter 9.04 entitled
"Massage and Reflexology Services," as follows:
� Amend KCC 9—Public Safety
Massage and Reflexology Services
Amend iCCC 5.Ox - Business Licensing
Sec. 9,04,010, Purpose, The Kent City Council recognizes the
health and wellness benefits of massage and reflexology, and that
massage and reflexology businesses in the city of Kent serve a legitimate
and beneficial purpose In the community, The Council also recognizes that
there are some businesses that hold themselves out as massage or
reflexology businesses, but employ unlicensed persons to provide massage
and uncertified persons to provide reflexology who fail to follow state
health and licensing requirements, and do not have the proper training
required to obtain a state license or certification. In addition, these
businesses that employ unlicensed or uncertified persons to provide
massage and reflexology can be used to facilitate the commission of
various criminal acts, including but not limited to prostitution. These
businesses that permit unlicensed or uncertified persons to perform
massage and reflexology or permit the commission of unlawful acts
threaten the business and reputation of legitimate and licensed businesses
and practitioners, and present a threat to the public health, safety, and
welfare. This chapter is intended to Inhibit the ability of an individual or
businesses to engage in the practice of providing unlicensed massage and
reflexology, and support the legitimate provision of these services by
licensed massage practitioners and reflexologists.
Sec. 9.Q4.020, Definitions. For purposes of this chapter, the
terms and phrases below shall have the meanings that follow:
A. "Advertise" includes, but is not limited to, signs located at a
massage business or reflexology business, signs located in places other
than at a massage business or reflexology business; advertisements on
vehicles; advertisements in paper media such as newspapers, magazines,
3 Amend KCC 9—Public Safety
Massage and Reflexology Services
Amend KCC 5,Oi -Business Licensing
fliers, cards or business cards; or advertisements in electronic media such
as internet websites, social media, electronic classified advertisements,
cell phone applications, and television or radio advertisements.
R. "Certified reflexologist," "massage business," "maSSage," °massage
practitioner," "massage therapy," "reflexology," and "reflexology business"
shall have the meanings set forth in RCW 18.108.010.
C. "Grass misdemeanor" and "misdemeanor" shall have the same
meaning as set forth in Kent City Code 9,02.10 as now enacted or
hereafter amended or recodified.
D. "License," "certificate" and "certification" mean a license, certificate
or certification issued pursuant to chapter 18.108 RCW.
E. "Conspicuously display" shall mean the display of licenses and
certificates in a manner that can be viewed and read by a person
immediately upon entry into the initial common area of a massage
business or reflexology business without having to request to see the
license or certification.
p, "Reflexologist" means a person who practices reflexology.
G. "Represent himself or herself as a massage practitioner" shall have
the same meaning as set forth in RCW 18,108.030(1)( b).
Fi, "Represent himself or herself as a reflexologist" shall have the same
meaning as set forth in RCW 18.108.030(2)(b).
4 Amend KCC 9 --Public Safety
Massage and Reflexology Seruices
Amend ICCC 5.01 - business Licensing
References in this chapter to chapter 18.108 RCW or a specific section of
chapter 18.108 RCW shall include the chapter and sections as currently
enacted and as amended or recodified In the future,
Sec. 9.04.040. Qwner, director, manager Proof.
A. Far purposes of this chapter, whether a person Is an owner,
director, manager, or other person in charge of a massage business or
reflexology business may be established from evidence such as, but not
limited to,
1, The person holds himself or herself out as an owner, director,
manager, or some other like title evidencing control over business
decisions;
2. The person is responsible for the general business decisions
of the business;
3. The person is considered by those who provide massage or
reflexology services as an owner, director, manager, or other person in
charge;
4. The person is in control or partial control of when, how, or
how much those who provide massage or reflexology services work or are
paid, or whether those who provide massage or reflexology services are
employees or contractors retained to provide services on behalf of the
business;
5. The person is listed as a registered agent of the business;
6. The person is Ilsted as a "governing people" by the
Washington State Business Licensing Service;
5 Amend KCC 9 --Public Safety
Massage and Reflexology Services
Amend KCC usiness Licensing
7, The person is an applicant or is listed as an owner on a city or
state business license or license application;
8. The person receives income from the business that is
dependent on revenue generated by another person providing massage or
reflexology services on behalf of or at the business,
9. The person has signed a . lease or rental agreement for
property at which the business is operated or is responsible for lease or
rent payments,
10, The person has signed for a Loan on behalf of the massage or
reflexology business;
�.1, The person is financially responsible for the massage business
or reflexology business utilities or services such as water, electricity,
garbage, sewer, telephone, Internet, cable television, security, cleaning,
maintenance or accounting;
19
. The person pays taxes on behalf of the business; or
13, The person Is responsible for ensuring the business is
properly supplied with resources necessary to carry out the work of the
business or maintain the business.
B, The presence of any of the circumstances described In
subsection A shall be sufficient to establish that a person is the owner,
director, manager, or other person In charge of a massage business or
reflexology business. The circumstances described in subsection A are not
exclusive and other evidence may demonstrate a person Is an owner,
director, manager, or other person in charge of a massage business or
reflexology business,
Sec. 9.04.050. w;xemptions — t,imita�ions -Name or structure
of business.
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Massage and Reflexology Services
Amend KCC 5.OX - Business Licensing
A. The this chapter shall not apply to the following:
1. Activities set forth in RCW 18.i08.05Q when performed as
provided in that statute; or
2. Massage or reflexology that is not provided In exchange for a
fee, property or other consideration.
B. The exemptions set forth in subsection A shall not apply to any
person who practices or represents himself or herself as a massage
practitioner or who practices reflexology or represents himself or herself
as a reflexologist and who advertises for the massage or reflexology
services, to any business that advertises for massage or reflexology
services, or to any person who provides massage or reflexology services
at a business that advertises for such services,
C, The exemptions set forth in subsection A shall not apply to
any person who obtains massage or reflexology services from a person
who advertises for the massage or reflexology services, from a business
that advertises for massage or reflexology services, or from any person
who provides massage or reflexology services at a business that
advertises for such services.
D. The fact that a person or business that provides massage or
reflexology services describes or advertises such services by a name other
than massage or reflexology shall not exempt that person or business
from this chapter.
7 Amend iCCC 9—Public SafeFy
Massage and Reflexology Services
Amend KCC 5.OY - Business Licensing
E. In the event the services provided fall within the definition of
massage or reflexology, the manner in which a business is incorporated or
structured shall be of no consequence in determining if a business
provides massage or reflexology services.
>=. A club or cooperative arrangement in which a person pays a
fee to become a member of the club or cooperative, and as a result of
such membership, he or she obtains massage or reflexology services, shall
be considered a massage business or reflexology business.
Sec. 9.04.060. Inspections.
A, Law enforcement personnel shall have the authority to inspect the
premises of any massage business or reflexology business in order to
ensure:
I
.. Compliance with the requirement that licenses and
certifications are conspicuously displayed and valid;
z. That those providing massage or reflexology services are
validly licensed and of proper age; and
3. Compliance with the advertising requirements of KCC
0.o4.�zo.
>3. Inspections shall be limited to times when the massage or
reflexology business is open.
C. Inspections shall be limited to the common areas of the massage or
reflexology business. This section shall not authorize entry or inspection
of rooms in which massage or reflexology is provided and which are
separated from the common area of the massage business or reflexology
business absent consent, a warrant, or other lawful basis.
$ Amend KCC 9—Pub11c Safety
Massage and Reflexology Services
Amend RCC Soul Business L.icensing
D,
This section shall not be interpreted as limiting the use by law
enforcement of any lawful investigatory techniques.
Sec. 9.04.070. Massage practitioner or reflexologiist
�iicense or certificate required T Violation.
A. It shah be unlawful for any person to practice massage, or
represent himself or herself as a massage practitioner in the city of Kent
without a valid and current massage practitioner's license.
B. It shall be unlawful far any person to practice reflexology or
represent himself or herself as a reflexologist in the city of Kent without a
valid and current massage practitioner's license or certificate in
reflexology.
C. An unissued license or certificate, or an expired, revoked, or
suspended license or certificate, shall not be considered a valid license or
certificate.
Sec. 9.04.080. Massage practitioner or reflexologist --
owner, director, manager, or other person in charge to enscare
valid license or certificate —Violation.
A, It shall be the responsibility of any owner, director, manager, or
other person in charge of a massage business or reflexology business in
the city of Kent to ensure that each person who practices massage, or
represents himself or herself as a massage practitioner, is validly and
currently licensed, and to ensure that each person who practices
g Amend KCC 9—Puhllc Safety
Massage and Ref/exalogy Ser►rices
Amend KCC'5.0� - Business Licensing
reflexology or represents himself or herself as a reflexologist is validly and
currently licensed as a massage practitioner or certified as a reflexologist.
B. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to
facilitate or, with knowledge or criminal negligence, permit a person who
does not have a valid and current massage practitioner's license to
practice massage or represent himself or herself as a massage
practitioner.
C. It shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to
facilitate or, with knowledge or criminal negligence, permit a person who
does not have a valid and current massage practitioners license or who is
not a certified reflexologist to practice reflexology or represent himself or
herself as a reflexologist.
D. A person with an unissued license or certificate, or whose license or
certificate is expired, revoked, or suspended, shall not be considered
validly licensed
or certified.
E, For the purposes of this section, the failure of the owner, director,
manager, or other person in charge of a massage business or reflexology
business to confirm the validity of a massage license or reflexology
certificate
through the Washington Department of Health shall constitute
criminal negligence.
Sec. 9.04.090. Display of massage practitioner or
reflexologist license or certificate required Violation.
10 Amend fCCC 9—Public Safety
Massage and Reflexology Seruices
Rmend KCC S,Ox -Business Licensing
A. At any massage business or reflexology business, a copy of the
valid and current license of each person who practices massage or
represents himself or herself as a massage practitioner at or on behalf of
the massage business or reflexology business, and the valid and current
massage practitioner's license or reflexology certificate of each person who
practices reflexology or represents himself or herself as a reflexologist at
or on behalf of the massage business or reflexology business, shall be
conspicuously displayed and shall be made available to persons receiving
massage or reflexology services or to law enforcement for inspection upon
request,
B. Tt shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to fail to
conspicuously display the valid and current massage practitioner's license
of each person who practices massage or represents himself or herself as
a massage practitioner at or on behalf of the massage business or
reflexology business,
C. Tt shall be unlawful for any owner, director, manager, or other
person in charge of a massage business or reflexology business to fail to
conspicuously display the valid and current massage practitioner's license
or certificate to practice reflexology of each person who practices
reflexology or represents himself or herself as a reflexologist at or on
behalf of the massage business or reflexology business.
D. tach person who practices massage or represents himself or herself
as a massage practitioner, and each person who practices reflexology or
represents himself or herself as a reflexologist shall have his or her valid
11 Amend KGC 9 --Public Safety
1►9assage acrd Refiexo�ogy Services
Amend KCC 5.01 . Business Licensing
and current license or certificate at each location in which he or she
practices massage or represents himself or herself as a massage
practitioner, and at each location in which he or she practices reflexology
or represents himself or herself as a reflexologist, and the valid and
current license or certificate shall be provided to the person receiving the
massage or reflexology service or to law enforcement for inspection upon
request.
E. Tt shall be unlawful for any person who practices massage or
represents himself or herself as a massage practitioner, to fail to have his
or her valid and current massage practitioner's license at each location in
which massage services are provided, or display his or her valid and
current license to the person receiving the massage service or to law
enforcement for inspection when requested.
F. It shall be unlawful for each person who practices reflexology or
represents himself or herself as a reflexologist, to fail to have his or her
valid and current massage practitioner's license or reflexology certificate
at each location in which reflexology services are provided, or display his
or her valid and current license or certificate to the person receiving the
reflexology service or to law enforcement for inspection when requested.
G, Tt shall be unlawful for any person to present or conspicuously
display an expired, altered, fake or fraudulently obtained license,
certificate or certification. It shall be unlawful for an owner, director,
manager or other person in charge of a massage business or reflexology
business to facilitate or permit another to present or conspicuously display
an expired, altered, fake or fraudulently obtained license, certificate or
certification.
12 Amend iCCC 9 --Public Safety
J�9assage and Reflexology Services
Amend WX Saul - Business Licensing
Sec. 3.04.100, Receipt of massage or reflexology services
from unlicensed massage practitioner or reflexologist o Unlawful,
A. It shall be unlawful for any person to receive massage services from
another whom the recipient knows, or reasonably should know, is not
validly or currently licensed to provide massage services. It shall be
unlawful for any person to receive reflexology services from another whom
the recipient knows, or reasonably should know, is not validly or currently
licensed as a massage practitioner or certified to provide reflexology
services.
!3. It shall be an affirmative defense to a violation of this section that
the person receiving the massage or reflexology services inquired of the
license or certification status of the person providing the services and was
provided a document purporting to be a valid and current license of the
massage practitioner or valid and current certlficate of the reflexologist.
Sec. 9.04,110, Minors practicing massage or reflexology -
Responsibility of owner, director, manager or other person in
charge Receipt of massage or reflexology services from minor
unlawful.
A. It shall be the responsibility of the owner, director; manager, or
other person In charge of a massage business or refiexology business to
verify that each person who provides massage or reflexology services has
attained the age of 18. It shall be unlawful for any owner, director,
manager, or other person in charge of a massage business or reflexology
13 Amend KCC 9—Public Sai`ety
Massage and Reflexology Services
Amend KCC S.UX Business Licensing
business to permit or facilitate the provision of massage or reflexology
services by a person who has not reached the age of 18.
B. It sha11 be unlawful for any person to receive massage or
reflexology services from. another whom the recipient knows, or
reasonably should know, has not reached the age of 18. Tt shall be an
affirmative defense to a violation of this section that the person receiving
the massage or reflexology services Enquired of the age of the person
providing the services and was provided a document purporting to be a
valid and current license of the massage practitioner or valid and. current
certificate of the reflexologist.
Sec. 9.04.1.0. Advertising. It shall be unlawful to advertise the
practice of massage or practice of reflexology except in accordance with
RCW 18.108.040.
Sec. 9.04.1.30. Violations -Penalty.
A, The first violation of any provision of this chapter shall constitute a
misdemeanor.
B. (^ach subsequent violation of this chapter, whether alleged in the
same prosecution as the first violation or in subsequent prosecutions, shall
constitute a gross misdemeanor.
SHUN 2. � Amendment. Chapter 5.01 of the Kent City Code,
entitled "General Business L.icense," is hereby amended by adding a new
section 5,01.1.35 entitled, "Massage or reflexology businesses -Conviction
�4 Amend /CCC 9—Publfc Safety
P9assage and Reflexology Services
Amend fCCC 5.0.E �- Business Licensing
for prostitution or fraud related activity - Conviction for violation of
Chapter 9,04 KCC - Denial or revocation of business license."
Sec. 5.01.135. Miassage or reflexology businesses
Conviction for prostitution or fraud related activity — Conviction for
violation of Chapter 9.04 KCC - Denial or revocation of business
license.
A. No person convicted of an offense under Chapter 9A.88 RCW or a
similar law of another state, and no person convicted of an offense under
Chapter 9A.60 RCW or a similar law of another state when such violation
of Chapter 9A.60 RCW or similar law of another state is related to the
operation of a massage business or reflexology business, shall be
authorized or entitled to obtain a city of Kent business license for a
massage business or reflexology business.
B. The issuance of a business license fora massage business or
reflexology business to a person previously convicted of an offense
described in subsection A shall be null and void.
C. zn the event a person who has obtained a city of Kent business
license for a massage business or reflexology business is thereafter
convicted of an offense described in subsection A, such business license
may be revoked in accordance with KCC 5.01.150. Revocation may occur
regardless of the jurisdiction or location in which the violation of the
offense occurs. The bases for revocation of the business license pursuant
to this section shall be in addition to the grounds for revocation provided
in KCC 5.01.1304
15 Amend KCC 9—Public Safety
1►9assage and Reflexology Services
Amend KCC 5.01 - Business AC.icensing
D, For a two year period following conviction, a business license
application for the operation of a massage business or reflexology
business may be denied in accordance with this chapter to any licensee
convicted of an offense under Chapter 0.04 KCC, The bases for denial of
the business license pursuant to this section shall be In addition to the
grounds for revocation provided in KCC 5. 01,130.
F, A business license far the operation of a massage business or
reflexology business may be revoked in accordance with this chapter to
any licensee convicted of an offense under Chapter 9.04 KCC, The bases
for revocation of the business license pursuant to this section shall be in
addition to the grounds for revocation provided in KCC 5.01.130.
F. For the purposes of this section, the terms "massage," "massage
business," reflexology," and "reflexology business" shall have the
meanings set forth in RCW 18.108.010 as now enacted or hereafter
amended or recodified.
SECTION 3. -Severability. If any one ar more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain In full force and effect.
SEC7"I'ON 4. - Correct~ions by CIt'y Clerk or Code Reviser. Upon
approvaI
of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, Including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
�.6 Amend KCC 9—Public Safety
Massage and Reflexology Services
Amend KCC 5.OI - Business Licensing
SECTI®N S. - Effective Date, This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
ATTEST:
APPRQVED AS
PASSED: day of'f.�,F.
APPROVED: •��`��day of � �.:�_���.�;'°' , 2015.
r:t'f r , 20155
PUBLISHED. day o'tf
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.
Fi\Civil\�� dl��n<e\9.04 N=sage and rtuflaalagydOp
{SEAL.)
�7 Amend KCC 9—Pub1lc Safety
Massage and Reflexology Services
Amend KCC S.D. - BUSInesS l icensing