HomeMy WebLinkAbout4353 ORDINANCE NO. 4353
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.04 of
the Kent City Code entitled "Massage and
Reflexology Services" to provide that it is a criminal
offense to fail to follow certain regulations related to
the health, sanitation, hygiene, sexual conduct,
privacy, and recordkeeping at massage and
reflexology businesses, to provide for the forfeiture
of a business license if convicted of an offense under
Chapter 9.04 KCC, to amend Section 5.01.135 to
clarify that a violation of Ch. 9.04 KCC prohibits an
individual from obtaining a subsequent city business
license, and to provide for other housekeeping
amendments.
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, the Washington State Department of Health
infrequently engages in on-site inspections of illegitimate massage and
reflexology businesses.
C. In Kent, as in most other Washington jurisdictions, illicit
massage businesses have opened to provide massage and reflexology by
unlicensed practitioners.
1 Amend KCC 9.04 and 5.01
Regarding Massage and
Reflexology Businesses
D. Typically, unlicensed practitioners and businesses provide
services without regard to health, sanitation, and safety requirements
established by the state of Washington. Additionally, these businesses are
known to engage in criminal activity such as prostitution and human
trafficking.
E. Recently, the Kent Police Department investigated unlicensed
massage businesses, established probable cause to file criminal charges,
and successfully closed each of them. In each instance, the Kent Police
Department determined that the businesses were engaged in prostitution-
related activity, and that the businesses were generally unsanitary and
presented a health concern.
F. These illegitimate massage businesses threaten the reputation
of licensed massage practitioners, and threaten the public health, safety and
welfare. Moreover, these businesses create a blight in the areas in which
they are located and have the potential to impact the success of nearby law-
abiding businesses.
G. In some circumstances, illicit massage businesses have been
shut down only to later reopen to provide the same illegal services under a
different owner or entity name. In addition, illicit massage businesses
regularly adjust methods of doing business to avoid detection by law
enforcement. Law enforcement measures to enforce current code
requirements and detect violations can be resource intensive.
H. This ordinance makes it a criminal offense for a massage
business or practitioner to fail to comply with the health, sanitation, hygiene,
privacy, and recordkeeping requirements applicable to licensed massage
businesses. Moreover, and consistent with Washington state regulations,
this ordinance makes it clear that massage practitioners are prohibited from
2 Amend KCC 9.04 and 5.01
Regarding Massage and
Reflexology Businesses
touching the private body parts of patients and makes it a criminal offense
to do so.
I. This ordinance also provides that a person who is found in
violation of the regulations regarding the practice of massage forfeits his or
her city-issued massage business license and becomes ineligible to obtain a
future massage business license.
J. The amendments provided in this ordinance will make it difficult
for illicit massage businesses to avoid detection by law enforcement. These
amendments should have no detrimental impact on law-abiding businesses
that already comply with the requirements of this ordinance in order to
maintain licensing from the Washington State Department of Health.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 9.04.020. Section 9.04.020 of the
Kent City Code entitled "Definitions" is amended as follows:
Sec. 9.04.020. 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, fliers,
cards, or business cards; or advertisements in electronic media such as
3 Amend KCC 9.04 and 5.01
Regarding Massage and
Reflexotogy Businesses
Internet websites, social media, electronic classified advertisements, cell
phone applications, and television or radio advertisements.
B. Breast massacre shall have the same meaning as set forth in WAC
246-830-005(7).
C.B-. Certified reflexologist, massage business, massage, massage
practitioner, massage therapist, massage therapy, reflexology, and
reflexology business shall have the meanings set forth in RCW 18.108.010.
D. 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.
E.C—. Gross misdemeanor and misdemeanor shall have the same meaning
as set forth in KCC 9.02.41-9RCW 9A.20.021 as new enaeted eF heFeafte
F.-D-. License, certificate and certification mean a license, certificate or
certification issued pursuant to chapter 18.108 RCW.
E. Genspieueusly display shall Fnean the display ef lieenses and
G.F-. Reflexologist means a person who practices reflexology.
H.G Represent himself or herself as a massage practitioner shall have the
same meaning as set forth in RCW 18.108.030(1)(b).
4 Amend KCC 9.04 and 5.01
Regarding Massage and
Reflexology Businesses
I ++. Represent himself or herself as a reflexologist shall have the same
meaning as set forth in RCW 18.108.030(2)(b).
J. Violation shall mean a conviction after trial, a plea of guilty or a
finding of guilt after an Alford plea, Newton plea, or plea of no contest or
nolo contendere, or the entry of a deferred sentence, deferred prosecution
or stipulated order of continuance.
SECTION 2. - Amendment - KCC 9.04.030. Section 9.04.030 of the
Kent City Code entitled "References to Revised Code of Washington" is
amended as follows:
Sec. 9.04.030. References to Revised Code of Washington and
Washington Administrative Code. References in this chapter to ehapte
chapters or specific
sections or subsections of the Revised Code of Washington, or to chapters
or specific sections or subsections of the Washington Administrative Code,
shall include the chapter and sections or subsections as currently enacted
and as amended or recodified in the future.
SECTION 3. - Amendment - Chapter 9.04 - New KCC 9.04.125.
Chapter 9.04 of the Kent City Code is hereby amended to add a new section
entitled "Practice Requirements and Limitations - Responsibility of owner,
director, manager, or other person in charge," as follows:
Sec. 9.04.125. Practice Requirements and Limitations -
Resoonsibility of owner, director, manager, or other person in
charge.
A. It is unlawful for any person who practices massage therapy or
represents himself or herself as a massage therapist, or who practices
5 Amend KCC 9.04 and 5,01
Regarding Massage and
Reflexology Businesses
reflexology or represents himself or herself as a reflexologist, to touch the
body parts identified in WAC 246-830-550(1).
B. It is unlawful for any person who practices massage therapy or
represents himself or herself as a massage therapist, or who practices
reflexology, or represents himself or herself as a reflexologist to perform
breast massage except in accordance with WAC 246-830-555.
C. It is unlawful for any person who practices massage therapy or
represents himself or herself as a massage therapist, or who practices
reflexology or represents himself or herself as a reflexologist, to fail to
comply with the coverage and draping requirements of WAC 246-830-560.
D. It is unlawful for any person who practices massage therapy or
represents himself or herself as a massage therapist, or who practices
reflexology or represents himself or herself as a reflexologist, to fail to
comply with the equipment, sanitation, and hygiene requirements of WAC
246-830-500 and WAC 246-830-510.
E. It is unlawful for any person who practices massage therapy or
represents himself or herself as a massage therapist, or who practices
reflexology or represents himself or herself as a reflexologist, to fail to
comply with the recordkeeping requirements of WAC 246-830-565 and WAC
246-830-570.
F. 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 another person to violate any
provision of this section.
SECTION 4. - Amendment - KCC 9.04.130. Section 9.04.130 of the
Kent City Code entitled 'Violations - Penalty" is amended as follows:
6 Amend KCC 9.04 and 5.01
Regarding Massage and
Ref/exo%gy Businesses
Sec. 9.04.130. Violations - Penalty.
A. The first violation of any provision of this chapter shall constitute a
misdemeanor.
B. Each subsequent violation of this chapter, whether alleged in the
same prosecution as the first violation or in subsequent prosecutions, shall
constitute a gross misdemeanor.
C. Upon a determination that a violation of this chapter has occurred,
the court shall order the forfeiture of all Kent-issued massage or reflexology
business licenses held by the violator. As a condition of any sentence,
suspension of sentence, or deferral of sentence for a violation of this
chapter, the court shall prohibit the violator from applying for, attempting
to obtain, or obtaining a license from the city of Kent to engage in any
activity set forth in KCC 9.04.020.C, or working at, being present at, or
having an interest in any business at which the activities set forth in KCC
9.04.020.0 occur.
SECTION 5. -Amendment - KCC 5.01.135. Section 5.01.135 of the
Kent City Code entitled "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," is amended as follows:
Sec. 5.01.135. Massage or reflexology businesses Conviction
-
Violations related tofer prostitution or fraud related aetivity -
Conviction for Violation of Chapter 9.04 KCC - Denial or revocation
of business license.
A. No person eenvieted of an a ffens„ Linde who has violated a section of
Chapter 9A.88 RCW or a similar law of another state, and no person
7 Amend KCC 9.04 and 5.01
Regarding Massage and
Reflexology Businesses
Eenvaeted ef an-e#enset de who has violated a section of 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.
Prior to the issuance of a license for the operation of a massage business or
reflexology business, the city of Kent department in charge of the issuance
of the license may consult with the Kent Police Department to determine
whether the applicant is eligible for such license.
B. The issuance of a business license for a massage business or
reflexology business to a person who has previously EenViEted committed a
violation of an offense described in subsection (A) of this section shall be
null and void.
C. In the event a person who has obtained a city of Kent business license
for a massage business or reflexology business is thereafter eenv;eted-found
in violation of an offense described in subsection (A) of this section, 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 5.01.130.
D. , 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 ,.,.nviet d of
an offense undeF who previously violated any provision of Chapter 9.04 KCC.
The bases for denial of the business license pursuant to this section shall be
in addition to the grounds for r-eyeeatien-denial provided in KCC 5.01.130.
Prior to the issuance of a license for the operation of a massage business or
8 Amend KCC 9.04 and 5.01
Regarding Massage and
Ref/exotogy Businesses
reflexology business, the city of Kent department in charge of the issuance
of the license may consult with the Kent Police Department to determine
whether the applicant is eligible for such license.
E. A business license for the operation of a massage business or
reflexology business may be revoked in accordance with this chapter to any
licensee ,.,.nvieted of an eff^^s^ unde in violation of 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.
G. For the purposes of this section, the term "violation"or"violated" shall
mean a conviction after trial, a plea of guilty or a finding of guilt after an
Alford plea, Newton plea, or plea of no contest or nolo contendere, or the
entry of a deferred sentence, deferred prosecution, or stipulated order of
continuance.
SECTION 6. - Severability. If any one or 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.
SECTION 7. — Corrections by City Clerk or Code Reviser. Upon
approval 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.
9 Amend KCC 9.04 and 5.01
Regarding Massage and
Reflexology Businesses
SECTIONS. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law.
January 21, 2020
Da A RALPH, MAYOR Date Approved
ATTEST:
January 21, 2020
KIMBERLEY A OMOTO, CITY CL Date Adopted
January 24, 2020
Date Published
APPROVED AS TOE .
RTH "PA Z ATRICK, CI ATTORNEY
10 Amend KCC 9.04 and 5.01
Regarding Massage and
Reflexology Businesses
STATE OF WASHINGTON, COUNTY OF KING )
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising of the
Kent - Covington Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to,published in the English language
continuously as a weekly newspaper in King County,Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent - Covington Reporter(and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice (887295), a:
Public Notice
was published on January 24, 2020.
The full amount of the fee charged for said foregoing publication is the sum of$104.22.
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Rudi Alcott, ice President of Advertising, Kent - Covington Reporter :•oMM. E,rA'•••'G
•�' o�
O'Z NOTARY e Subscribed and sworn to me this 24th day of January, 2020. Poe w e
No lb
XIC
WA SNP
Gale Gwin,Notary Public for the State of Washington, Residing in Covington,"WA( "�``
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCE PASSED
BY THE CITY COUNCIL
The following is a sum-
mary of an ordinance
passed by the Kent City
Council on January 21,
2020:
ORDINANCE NO.4353-
AN ORDINANCE of the
City Council of the City
of Kent, Washington,
amending Chapter 9.04
of the Kent City Code
entitled 'Massage and
Reflexology Services"to
provide that it is a crimi-
nal offense to fail to
follow certain regulations
related to the health,
sanitation,hygiene, sex-
ual conduct,privacy,and
recordkeeping at mas-
sage and reflexology
businesses, to provide
for the forfeiture of a
business license if con-
victed of an offense un-
der Chapter 9.04 KCC,
to amend Section
5.01.135 to clarify that a
violation of Ch. 9.04
KCC prohibits an indi-
vidual from obtaining a
subsequent city busi-
ness license,and to pro-
vide for other house-
keeping amendments.
This ordinance shall take
effect and be in force 30
days from and after its
passage.
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Clerk
Kkomot KentWA aov
253-856-5725
Published in the Kent-
Covington Reporter
January 24, 2019.
#887295