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Home My WebLink AboutORD 3843 AKiEN�s 09-Z 3�$� K CITY OF RENTON,. WASHINGTON ORDINANCE NO. 3843 AN ORDINANCE OF THE CITY. OF RENTON, WASHINGTON, AMENDING PORTIONS OF TITLE VI (POLICE REGULATIONS) . OF ORDINANCE NO. 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" RELATING TO REGULATION OF MASSAGE BUSINESSES , DEFINING PROHIBITED ACTIVITIES AND DECLARING A NutSANCE . . . WHEREAS in the case of Myrick v. 'ierce County, the Washington State Supreme Court has declared unconstitutional certain regulations concerning massage businesses , and WHEREAS the City Council of the City of Renton wishes to remove those sections of the City Code that might be questionable under that Court decision, and WHEREAS the City Council of the City of Renton finds that massage businesses in the Puget Sound area have frequently been used as a place for prostitution and other illegal sexual activities , and WHEREAS the City Council of the City of Renton finds that the practice of massage involves the exposure of the nude or nearly:— nude body of the patron to physical manipulation and contact by the massage practitioner. The massage practitioner is often a person of the opposite sex from the patron. This -practice lends itself to the increased opportunity for occurrence of prostitution and other illegal sexual activities ,and WHEREAS the City Council of the City of Renton finds that prostitution, nudity or sexual activitities occurring in massage businesses are detrimental to the morals , peace , health and welfare of the citizens of the City of Renton, and rf WHEREAS the City Council of the City of Renton finds that by declaring prostitution, nudity and sexual activities in massage businesses a nuisance and eliminating that .nuisance, troublesome aspects of the massage business can be eliminated while reserving the right of legitimate massage businesses to operate within the City of Renton, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS : SECTION I : Existing Sections 6-3202, 6-3203 and 6-3208 of Ordinance No . 1628 entitled "Code of General Ordinances of the City of Renton" are hereby repealed in their entirety. SECTION II : Existing Section 6-3201 of Ordinance No . 1628 entitled '.'Code of _General Ordinances of the City of Renton" is hereby amended by adding the following definitions : SEXUAL ACTIVITIES : The term "sexual activities" shall mean any act of human masturbation, sexual intercourse , fellatio,.; cunnilingus , sodomy, or fondling or other erotic touching of the human genitals , pubic region, anus or female breast . ANATOMICAL AREA: The term "anatomical area" shall mean less than completely-,opaque -covered human genitals , pubic region, buttocks and female brew `ts below a point immediately above the -top of the areola. SECTION III: Existing Chapter 32 of Title VI (Police Regulations) of Ordinance No. 1628 entitled "Code of :General Ordinances of the City of Renton" is hereby .amended by adding the following sections : -2- 1 Section 6-3209 : CERTAIN ACTS DECLARED TO BE A NUISANCE. (A) It is unlawful for any person employed by or acting as an independent contractor of a massage business to expose or permit any other person to expose any anatomical area as defined herein. (B) It is unlawful for any massage business to permit an employee, independent contractor , patron or other person upon its premises to engage in sexual activities therein. (C) It is unlawful for a massage business to permit any employee, independent contractor or any .other person upon its premises to agree to engage in sexual activities . (D) The occurrence of any act declared iunlaWtuL_ by-this section shall constitute a public nuisance . (E) Conviction of any owner, employee, patron or other person upon the premises of a massage business of the crime of prostitution shall be prima facie proof of violation of this section and shall constitute a public nuis4nce . Any such public nuisance shall be deemed . to have been committed by the massage business and on the premises of the massage business Section 6-3210: NUISANCE MAY BE ABATED: Any act described to be a nuisance pursuant to Section 6-3209 of the City Code of the City of Renton, and any premises or massage business which is found to be a public nuisance pursuant to Section 6-3209 of the City Code of. the City of Renton ahall 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 of Renton in the investigation and prosectution-of the nuisance abatement proceeding, including any appealand all costs incurred in the abatement of the public nuisance j i Section 6-3211 : NUISANCE AS GROUNDS FOR LICENSE REVOCATION: (A) Any act occurring in the massage business which is declared to be illegal or a nuisance pursuant to Section 6-3209 of the City Code of the City of Renton shall be grounds for the revocation of the business license of the massage business . Upon determination by the Finance Director of the City of Renton that the business license of the massage business is subject to revocation, the Finance Director, shall give notice to the license holder by certified mail , return receipt requested, to the address stated on the business license application of the intent of the Finance Director to revoke the business license. Such notice shall be given not less than ten <10) days before the effective date of the revocation. Such notice of intent to revoke the business license of the massage business shall specify the grounds upon which the revocation is based, the .effective date of the revocation, and the right of appeal from the determination of the Finance Director to the Hearing Examiner of the City of Renton. (B) In the event that the license holder shall request a hearing to contest the determination of the Finance Director to revoke the business license, such appeal shall be heard by the Hearing . Examiner of the',City of.�Ienton. (C) The =burden of proof before the Hearing Examiner shall rest upon the City of Renton to prove the existence of grounds to revoke the business license of the massage business . . 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. -4- rl , declared to be a nuisance herein, that the person would not perform illegal acts on the premises of the massage business . Proof of conviction of .any employee, owner or independent contractor or other person while on the premises of a massage business , of the crime of prostitution, shall be prima facie proof of grounds to revoke the business license of the massage business . SECTION IV: SEVERABILITY. If any section, subsection, sentence , clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a separate, distinct and independent provision and such decision shall not affect the validity of the remaining portion of this Ordinance. SECTION V: This Ordinance shall be effective after its passage and approval and thirty (30) days .after publication. PASSED BY THE CITY COUNCIL this 24th day of September , 1984. Maxine E. Motor , City Clerk APPROVED BY THE MAYOR this 24th day of September ' , 1984. a�L�OC�ua 5��o Barbara Y. Sh-fnpQch, Myor Approved as to form: awrence J: Warren; ity ttorney Date of Publication: September 28, 1984 -5-