HomeMy WebLinkAboutORD 5615CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5615
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
15 (MASSAGE BUSINESS) OF TITLE VI (POLICE REGULATIONS), OF ORDINANCE
NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON", AMENDING THE REGULATIONS REGARDING MASSAGE
ESTABLISHMENTS, ADDING DEFINITIONS, AND MAKING UNLAWFUL CONDUCT
GROSS MISDEMEANORS AND MISDEMEANORS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Chapter 15, Massage Business, of Title VI (Police Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended by changing the title to "Massage Establishments" and replacing the entire
chapter with the following language:
CHAPTER 15
MASSAGE ESTABLISHMENTS
SECTION:
6-15-1: Purpose, Familiarity with Applicable City Code and State Law, and
Definitions
6-15-2: Massage Establishments and Massage Practitioners
6-15-3: Massage Establishment Property Owner Responsibility
6-15-4: Changes to Permit Status, Exemptions, and Appeals
6-15-5: Prohibited Activities and Prosecution
6-15-6: Conflicts
6-15-7: Severability
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6-15-1 PURPOSE, FAMILIARITY WITH APPLICABLE CITY CODE AND STATE LAW,
AND DEFINITIONS:
A. Purpose: The City of Renton (hereinafter the "City") and its
representatives are committed to protecting the general welfare, morals, peace,
property values, public health, reputation, safety, and tranquility of the City of
Renton, its residents, and its guests, through the promulgation and enforcement
of laws regulating each sexually-oriented business ("SOB"), in addition to
obscenity, public indecency, and criminal and sexual offenses while not
impermissibly encroaching on freedom of speech under the federal and state
constitutions.
It is the City's experience after a number of successful criminal prosecutions
for prostitution in alleged massage establishments that some people and
businesses regulated and/or defined in RCW 18.108.030, and businesses and
persons who allegedly offer massage, aromatherapy, relaxation, tanning, or
alternative therapeutic techniques that are not a part of medical treatment, are
actually SOBs or providing SOB services.
Therefore, it is the purpose and intent of the City, in enacting this chapter, to
regulate massage, aromatherapy, relaxation, tanning, and alternative
therapeutic techniques establishments which are sometimes used as SOBs, and
massage practitioners and related practitioners or those who purport to be
massage practitioners or related practitioners who sometimes engage in
unlawful conduct, for the protection of the public and the preservation of the
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general welfare, morals, peace, property values, public health, reputation, safety
and tranquility of those in the City of Renton.
B. Familiarity with Applicable City Code and State Laws:
Additionally, at the time that any massage establishment seeks to apply for,
obtain, reinstate, or renew a business license for a massage establishment, as
defined below, in the City of Renton, the person seeking to apply for, obtain,
reinstate, or renew a business license for a massage establishment will agree
that as a condition precedent to receiving a business license for a massage
establishment:
1. He or she has read and understands this chapter of the code in its
entirety; RCW 18.108, entitled "Massage Practitioners": RCW 18.130, entitled
"Regulation of health professions - Uniform disciplinary act"; and the
Washington State Department of Health sexual misconduct rules for health care
providers under WAC 246-16, entitled "Standards of Professional Conduct";
2. He or she agrees that he or she have will have each business license
holder, on-site manager, and/or massage practitioner, currently employed or
working at the business or subsequently employed or working at the business,
where a massage business in the City of Renton exists read this chapter of the
code in its entirety, each person will complete an affirmation of understanding
that will be maintained by the massage establishment (or that shall be submitted
to the City): and also require each person to read RCW 18.108, entitled
"Massage Practitioners"; RCW 18.130, entitled "Regulation of health professions
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- Uniform disciplinary act"; and the Washington State Department of Health
sexual misconduct rules for health care providers under WAC 246-16, entitled
"Standards of Professional Conduct".
C. Definitions: Throughout this chapter, unless it is plainly evident from the
context that a different meaning is intended, the following words and phrases
shall apply, and the singular and plural of each word shall be interchangeable:
1. "Administrator" means the City of Renton Finance and Information
Technology Administrator or designee.
2. "Fully clothed" means wearing opaque clothing that is comparable to
the clothing commonly worn by nurses or hospital staff while performing their
professional duties.
3. "Inspector" means the Administrator, law enforcement officer, or any
City of Renton employee or designee who is directed, authorized, or responsible
for considering, finding, evaluating, or responding to unlawful and/or alleged
unlawful conduct under the code.
4. "Massage" means any method of adjusting, comforting, repairing,
soothing or treating the external parts of the body for hygienic, relaxation,
remedial, or any other reason or purpose, whether by means of friction against,
kneading, pounding, pressure on, rubbing, stroking, tapping, vibrating or other
manner of touching external parts of the body with the hands, or with the aid of
any electrical or mechanical apparatus or appliance, with or without
supplementary aids, including but not limited to rubbing alcohol, antiseptic,
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cream, liniment, lubricant, oil, ointment, powder or other similar preparations
commonly used in this practice. The name of the method of adjusting,
comforting, repairing, soothing, or treating the external parts of the body for
hygienic, relaxation, remedial or any other reason or purpose is irrelevant for the
purpose of defining a "massage". For purposes of this code, stress reduction or
relaxation techniques, tanning, aromatherapy, and alternative therapeutic
treatment practitioners shall be regulated like massage practitioners if or when
they offer massages or the practice or technique involves touching or palpating.
5. "Massage alternatives" means conduct that meets the definition of
"massage" under this chapter, is not one of the exemptions noted in RCW
18.108, and is performed by a person who is not required to have a massage or
other health care professional license under RCW 18.108, as it currently exists or
is hereafter amended.
6. "Massage establishment" means any business conducted in the City
of Renton where any person, association, corporation, firm, partnership or
combination of individuals engages in, advertises, conducts, offers, permits,
solicits for money or any other consideration, the administration of a massage
on another. For purposes of this code, tanning, aromatherapy and alternative
therapeutic treatment establishments shall be regulated like massage
establishments, if it offers, permits or has practitioners who provide massages.
This definition shall not apply to those persons covered by RCW 18.108.050
entitled "Exemptions" as it currently exists or is amended in the future.
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Notwithstanding the preceding sentence, this definition shall apply to the
administration of a massage by an independent contractor, volunteer or agent of
any person listed in the preceding sentence if that person engages in, purports
to be engaged in, or provides massage.
7. "Massage practitioner" means any person who administers a
massage, regardless of what they call the massage or the name of the business,
to another person for monetary or any other consideration, and/or who is
licensed and/or governed by RCW 18.108 entitled "Massage practitioners".
8. "Person" in this chapter means any individual, male or female, or
group of individuals.
9. "Sexually-oriented business" ("SOB"), as is applicable to this chapter
of the code except as otherwise defined in the code, means any business or
sexual encounter establishment that allows, features, permits or has any agents,
employees, independent contractors, partners, volunteers or others acting
under the authority, control or interest of the massage establishment, possessor,
or person with an interest in the massage establishment or property where the
massage establishment exists, appearing in a state of nudity, engaging in or using
live performances or photographic reproductions depicting, engaging,
simulating, or describing specified sexual activities or specified anatomical areas.
10. "Specified anatomical areas" means the following:
a. Less than completely and opaquely covered human genitals, pubic
region, anus, buttocks, and areola and nipple of the female breast:
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b. Human male genitals in a discernibly turgid or vasocongestive
state, even if completely and opaquely covered;
c. Human female erogenous zones that are either stiff or erect or in
a vasocongestive state, even if completely and opaquely covered; and
d. Any device, costume or covering that simulates any of the body
parts included in subsections a, b, or c herein.
11. "Sexual activities" means any act of human masturbation, sexual
intercourse, fellatio, cunnilingus, sodomy, or fondling or other erotic touching of
the specified anatomical areas.
12. "Unlawful conduct" means a business, condition, conduct or property
that is inconsistent with this code; any state, county, or municipal statute,
ordinance, rule or regulation; and/or endangers the dignity, health, morals,
property values, and/or safety of the residents, neighborhood or the community.
Each day that a violation exists shall constitute a separate violation subject to
separate costs and/or penalties-
Unlawful conduct includes but is not limited to:
a. Working and/or operating without a permit or license;
b. Working and/or operating outside the scope of a permit or
license;
c. Working and/or operating after a permit or license has been
denied, revoked, or suspended;
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d. Contacting specified anatomical areas and/or sexual activity
between clients, guests, patrons, people or visitors who do not work at the
massage establishment, and any agents, employees, independent contractors,
partners, volunteers or others acting under the authority, control or interest of
the massage establishment, possessor, or any person with an interest in the
massage establishment or property where the massage establishment exists;
and/or
e. The failure to comply with any of the requirements provided in this
code-
IB. "Violator" means any person(s), including but not limited to the
possessor and/or owner of property, any person(s) having any interest in the
property, the property possessor or owner's agent for property, employee,
manager, independent contractors and/or volunteer at a massage establishment
where unlawful conduct exists or is alleged to exist.
6-15-2 MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS:
A. Massage Establishment Permits: No person shall carry on, conduct or
engage in the business of a massage establishment or a recognized school of
massage without a permit and/or license as required by any applicable section of
the RMC, RCW and WAC, in particular RCW 18.108 "Massage practitioners".
B. Operating Requirements: The following requirements are mandatory and
should be broadly construed to prevent offenses commonly associated with
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SOBs, such as obscenity, public indecency, prostitution, promoting prostitution,
permitting prostitution, and other criminal and sexual offenses.
1. Employee Reporting Requirement: A business license holder shall
notify the Administrator in writing of the name and address of each person
employed as a massage practitioner or an on-site manager before the massage
practitioner or on-site manager begins their employment and not later than five
(5) business days after that person has accepted or agreed to employment.
2. Employment of Unlicensed Massage Practitioners Strictly Prohibited:
It is unlawful for any owner, manager, on-site or proposed on-site manager,
operator, agent/employee or business license holder in charge of or in control of
a massage establishment to employ or permit a person to act as a massage
practitioner who is not in possession of a valid, unrevoked massage practitioner
permit issued pursuant to applicable state, county and/or City requirements.
When the massage establishment seeks to add a massage practitioner it
must provide proof that the massage practitioner has a valid state massage
license.
3. Attire: The massage practitioner shall at all times while on the
premises of the establishment, be clean, and wear opaque outer garments
covering the body from middle of the knee to neck. A massage practitioner shall
not reveal any specified anatomical area.
4. Manager Required: A massage establishment shall have an on-site
manager to ensure compliance with these provisions whenever it is open. The
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on-site manager must be a minimum of eighteen (18) years old and must have
read this chapter's requirements and be capable of communicating this chapter's
provisions to the employees and patrons of the establishment, inspectors and
law enforcement. The manager is not permitted to provide massages unless the
manager has satisfied all of the massage practitioner requirements.
C. Structural Requirements: No massage or massage services shall be given
in a business or premises licensed pursuant to this chapter, or in an
establishment providing acupressure, Shiatsu, skin care, body wrap or the like,
unless such business or premises complies with the following criteria:
1. Doors: No massage services shall be provided in an establishment
that provides such services in any cubicle, room, booth, or other area that is
fitted with a door that is locked or that is capable of being locked. The premises,
exterior doors and the doors separating the waiting or reception area from the
remainder of the premises shall remain unlocked during business hours. Electric
locking devices, and/or jeweler's doors are strictly prohibited.
2. Signs: Consistent with applicable City sign ordinances and rules,
there shall be a recognizable and readable exterior sign identifying the business,
and a recognizable and readable interior sign in an open public place within the
premises identifying the establishment, all services available and the price for
the service-
It shall be unlawful for an owner, manager, operator, managing
agent/employee, or business license holder to permit any massage practitioner
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to offer or perform, any service other than those posted. Nothing in this
provision should be interpreted to justify any failure to comply with applicable
City ordinances or rules. If there is any conflict to more restrictive or stringent
provisions shall apply.
D. Inspections: At least once a year, and as necessary, the Administrator,
Inspector(s), and/or Public Health-Seattle & King County, and/or their authorized
representatives, shall have the right to make reasonable unscheduled
inspections to verify all business licenses and related materials, and to enforce
compliance with applicable regulations, laws, and provisions of this chapter.
1. Upon receipt of an application for a business license or an application
to renew a business license to perform massage as the principal business or part
of the business to be offered or performed in the City, the Administrator,
Inspector(s), and/or Public Health-Seattle & King County, and/or their authorized
representatives shall inspect and/or cause to be inspected the massage
establishment premises within twenty (20) days of the business license
application or application to renew the business license to ascertain whether the
premises and the activities and records maintained in the business are in
compliance with applicable regulations, laws, and provisions of this chapter; and
2. If the premises, the activities within, and/or the records maintained in
the business are not in compliance with applicable regulations, laws, and
provisions of this chapter, the Administrator, Inspector(s), and/or Public Health-
Seattle & King County, and/or their authorized representatives, shall notify the
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applicant and/or the massage establishment, in writing, of the deficiencies, and
shall reinspect and/or cause reinspection of the premises, the activities within,
and/or the records.
3. Consistent with RCW 18.108.190, state and local law enforcement
personnel shall have the authority to inspect the premises at any time including
business hours.
E. Massage Alternatives: For those persons who engage in conduct that
meets the definition of "massage" under this chapter, whose conduct is not
exempt pursuant to RCW 18.108, and who is not required to have a massage
license under the RCW, the City will require those persons to:
1. Complete the City's Massage Alternatives business license application
and pay any fees or costs related to the application or the City's investigation of
the applicant's qualifications and fitness to perform massage alternatives. Failure
to accurately complete the application and pay any fees or costs shall be a basis
for denial or immediate revocation of the license:
2. Agree to be bound by the requirements of RCW 18.108.076: RCW
18.108.085(2) and (3): RCW 18.108.190: RCW 18.130.110: RCW 18.130.120: RCW
18.130.170: RCW 18.130.172: RCW 18.130.180: RCW 18.130.185: RCW
18.130.190: and RCW 18.130.200 as they currently exist or are hereafter
amended;
3. Provide documents consistent with RCW 18.130.230 as it currently
exists or is hereafter amended;
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4. Provide proof of successful completion of a course of study in an
approved massage alternative program or approved apprenticeship program;
5. Be eighteen (18) years of age or older.
6. The Administrator may request and the applicant is required to
provide any information and documentation that reasonably relates to the need
to determine whether the applicant meets the criteria for licensure. The
Administrator shall establish by rule what constitutes adequate proof of meeting
the criteria.
7. Any applicable portion of RCW 18.108 or 18.130 or the related WAC.
that refers to the secretary shall mean the Administrator in Renton.
F. The Business License is not Transferable: No business license for a
business that offers or performs massages may be sold, transferred or assigned
by the license holder, or by operation of law, to any other person or persons,
and any such sale, transfer or assignment, or attempted sale, transfer or
assignment, shall be deemed to constitute a voluntary surrender of such
business license and such business license shall thereafter be deemed
terminated and void with nor right for reimbursement or a pro rata refund.
G. In those instances where a massage establishment, massage premises, or
a location that has generally been used for some sort of massage business,
whether the owner is the same or different, whether the property owner is the
same or different, and that location has had three (3) or more violations and/or
convictions for conduct that violates this section in the preceding ten (10) years,
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that massage establishment, massage premises or location must satisfy greater
initial scrutiny. Specifically, in addition to the forgoing requirements, each
massage practitioner shall individually register with the City. If after three (3)
years there have been no further incidents that violate this code, this greater
initial scrutiny will no longer be required.
6-15-3 MASSAGE ESTABLISHMENT PROPERTY OWNER RESPONSIBILITY:
A. Purpose: To eliminate the circumstances where property owners fail to
exercise appropriate care and/or supervision over their tenants, lessees, or
property possessors, and the property is then used for or permits unlawful
conduct including, but not limited to prostitution, sexual activities, and the
unlicensed massage practice.
B. The owner(s) shall be responsible for and it shall be a gross misdemeanor
for the owner(s) to fail to:
1. Inquire about the operation of the massage establishment that the
owner(s) permit to operate in or on the property;
2. Ask for and maintain a current copy of the massage establishment's
state, and/or municipal licenses and/or permits: and
3. Report any violation of the any applicable statute, ordinance, rule or
regulation to the City and any other appropriate entities.
6-15-4 CHANGES TO PERMIT STATUS. EXEMPTIONS. AND APPEALS:
A. Administrator's Action - Modify, Revoke or Suspend a Permit: The
Administrator may modify, revoke or suspend a business license if a license
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holder, massage practitioner, on-site manager, property owner and/or a person
hired, employed or permitted to use massage facility space by a license holder
has done any of the following: (There is a presumption of knowledge once the
person signs the application).
1. Entered a plea of guilty, been convicted, or pled nolo contendere in a
court of competent jurisdiction of any of the following offenses within the prior
ten (10) years:
a. Prostitution (RCW 9A.88.030), Promoting Prostitution (RCW
9A.88.070 or 9A.88.080), Permitting Prostitution (9A.88.090), obscenity,
organized crime, any sexual offenses, or tax or financial crimes;
b. a felony offense involving the sale of a controlled substance:
c. a criminal offense that relates directly to the operation of a
massage establishment, its massage practitioners, or the massage property;
d. a crime involving dishonesty, fraud, deceit, or moral turpitude:
e. conspiracy or attempt to commit any of the aforesaid offenses; or
f. any lesser-included offenses of any of the offenses above;
2. Failed to permit the City or any authorized persons to conduct any
inspections authorized by the Renton Municipal Code, King County Code, WAC
and the RCW. including but not limited to RCW 18.108.190:
3. Violated one (1) or more provisions of this chapter;
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4. Failed to prevent criminal activity on the business premises, by failing
to stop the activity at its inception and/or failed to call law enforcement whether
or not the criminal activity stopped based on the massage practitioner's request;
5. Failed to disclose that he or she was not a licensed massage
practitioner under RCW 18.108.030, as it currently exists or is amended in the
future, or failed to disclose that his or her license under that section was
modified, revoked or suspended; or
6. Failed to abide by a prior City imposed disciplinary action.
7. Any City of Renton business license holder or person(s) who
provide(s) or allow(s) to be provided any services which fall within any of the
categories of "sexually-oriented business", as defined in subsection 6-15-1B.8 of
this chapter, without required state licenses or when engaged in protected
speech, shall immediately have his or her City of Renton business license(s)
revoked. No services conducted by a massage establishment or a massage
practitioner will be permitted to continue upon revocation of the license, subject
to RMC 6-15-5C.
B. The Administrator's decision to modify, revoke or suspend a business
license should be in writing, should be sent by first-class mail, return receipt
requested, and the decision should note that the massage establishment and/or
massage practitioner(s) may appeal.
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C. Exemptions: The provisions of this chapter shall not apply to those
individuals that qualify for an exemption under RCW 18.108.050 as it currently
exists or is amended in the future.
D. Appeals of the Administrator's Action: Any massage establishment or
massage practitioner directly affected by an Administrator's decision may appeal
within seven (7) business days to the actual Department Administrator. The
appeal shall be considered in writing unless the actual Department Administrator
decides that an in person hearing should be held. The decision to the appeal
shall be rendered as soon as possible, but not later than ten (10) business days
after the filing of the appeal.
1. Burden of Proof at Appeal: The burden of proof before the actual
Department Administrator shall rest upon the City to prove the existence of
grounds to revoke the business license of the massage business.
2. Private Agreements are not a defense: It shall be no defense in the
license revocation proceeding that there exists a written or oral agreement
between the license holder or an employee, independent contractor or other
person alleged to have committed acts declared to be a nuisance herein, that the
person would not perform illegal acts on the premises of the massage business.
3. Proof of conviction: Proof of conviction of any employee, owner or
independent contractor or other person while on the massage business
premises, of the crime of prostitution, or of any of the other offense listed in
RMC 6-15-4A.1, 2, 4 - 6, shall be prima facie proof of grounds to revoke the
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massage business license or to affirm the revocation of a massage business
license.
E. Presumption: Each employee, on-site manager, owner or independent
contractor or other person while on the massage business premises, shall be
presumed to know and understand that a state massage license is required
before anyone may act as a massage practitioner; and that each person
mentioned or described above knows what activities are prohibited RCW 18.108
(Massage Practitioners); RCW 18.130 (Regulation of health professions --
Uniform disciplinary act); the Washington State Department of Health sexual
misconduct rules for health care providers under WAC 246-16, (Standards of
Professional Conduct); and this chapter of the RMC. Each chapter of the RCW
noted immediately above is hereby fully incorporated bv reference as they
currently exist or may be amended in the future.
6-15-5 PROHIBITED ACTIVITIES AND PROSECUTION:
A. The following are strictly and broadly prohibited, and it shall be unlawful
for the massage establishment, the massage practitioner and/or the massage
client, guest, patron or visitor:
1. To lock the massage establishment doors during business hours.
2. To perform as a massage practitioner without a permit issued
pursuant to the RCW, WAC, King County Code, or any other applicable law, rule
or regulation.
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3. To hire or employ a massage practitioner unless such massage
practitioner possesses a valid, existing license and/or permit required by this
chapter or any state law.
4. To massage or remain in the presence of a the patron who is not
wearing clothing which conceals or covers with an opaque material the male
patron's genitals and buttocks, or the female patron's breasts, genitals, or
buttocks.
5. To wear attire that is not opaque during work hours, to be nude or
partially nude and/or to perform services without wearing appropriate business
attire.
6. To allow any client, patron, guest or visitor to expose his or her
specified anatomical areas or buttocks to others, or to make physical contact
with the specified anatomical areas or buttocks of the massage practitioner or
any other person.
7. To expose his or her specified anatomical areas to others, or to make
physical contact with the specified anatomical areas or buttocks of anyone.
8. To knowingly provide or allow to be provided massage services at a
massage establishment that does not comply with the operating requirements of
this chapter, the RCW, WAC or other applicable law.
B. Prosecution: Unlawful conduct or the violation of any of the provisions
listed above, which are not specifically noted to be gross misdemeanors or
misdemeanors (as provided in RCW 9A.20.02K2) or (3) as they currently exist or
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may be amended in the future), and may result in criminal prosecution in
addition to the administrative penalties previously mentioned, shall be a
misdemeanor.
1. A person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of the ordinances of
the City is committed, continued, or permitted bv any such person, and such
person shall be punished accordingly and to the full extent of the law.
a. A person's first criminal violation conviction under this code shall
have a mandatory minimum sentence of five (5) days in jail without the option of
a jail alternative, and the minimum penalty for the first violation shall be five
hundred dollars ($500), not including costs, court costs, fees, and assessments;
b. A person's second criminal violation conviction under this code
shall have a mandatory minimum sentence of fifteen (15) days in jail without the
option of a jail alternative, and the minimum penalty for the second violation
shall be seven hundred fifty dollars ($750), not including costs, court costs, fees,
and assessments;
c. A person's third criminal violation conviction under this code shall
have a mandatory minimum sentence of forty-five (45) days in jail without the
option of a jail alternative, and the minimum penalty for the third violation shall
be one thousand dollars ($1,000), not including costs, court costs, fees, and
assessments; and
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d. All criminal violation convictions after the third criminal conviction
under this code shall be a gross misdemeanor and shall have a mandatory
minimum sentence of ninety (90) days in jail without the option of a jail
alternative, and the minimum penalty shall be one thousand five hundred dollars
($1,500), not including costs, court costs, fees, and assessments.
e. Gross misdemeanors are governed by the RCW 9A.20.02K2), and
misdemeanors are governed by RCW 9A.20.02K3) as they currently exist or may
be amended in the future as well as related or appropriate sections of the RCW.
Each section is hereby incorporated by reference.
2. It is unlawful for an owner of a property that is used for or by a
massage establishment, to allow, permit, or fail to stop illegal, illicit, or
prohibited conduct under this code or any applicable law from occurring on or in
said property after being provided verbal or written notice by any Washington
State or municipal governmental body or law enforcement agency. Violation of
this section shall be a gross misdemeanor.
a. The prohibited conduct includes, but is not limited to, sexual
activities and/or massages performed bv any person who is not licensed as a
massage practitioner in Washington State.
b. The penalties for such an offense are the same as the penalties
for the person(s) who is/are actually performing the illegal, illicit, or prohibited
conduct under this code, including but not limited to sexual activities, unless
superseded by a RCW or federal charge.
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C. Abatement of Nuisances: Any act described to be a unlawful pursuant to
this RMC 6-15-5 shall be a nuisance, and any premises or massage business
which is found to be a public nuisance pursuant to this chapter or RMC 1-3-3 or
state law shall be subject to abatement through an action filed and prosecuted in
any court of general jurisdiction of this State. In the event that the court finds
that such a nuisance exists, then the court shall award to the City, in addition to
the other relief permitted, the attorney's fees and all costs incurred by the City in
the investigation and prosecution of the nuisance abatement proceeding,
including any appeal and all costs incurred in the abatement of the public
nuisance. See RMC 1-3-3 (Nuisances).
The prohibited conduct in this chapter shall be Nuisances under RMC 1-3-3,
in addition to being crimes.
6-15-6 CONFLICTS:
In the event of a conflict between this and any other provision of this code or
City ordinance providing for a civil penalty the more specific provision shall
control.
6-15-7 SEVERABILITY:
If any one of more subsections or sentences of this chapter are held to be
unconstitutional or invalid, such decision shall not affect the validity of the
remaining portion of this chapter and the same shall remain in full force and
effect.
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SECTION II. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this 18th day of July , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 18 th day of July , 2011.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney - u):
5 I'
U. ;
. o -.
Date of Publication: 7/22/2011 (summary) \V'*••
ORD:1694:6/20/ll:scr
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