In this chapter the following definitions apply unless the context otherwise requires:
(1) 
“Body painting studio”
means a business where paint, powder, or similar substance is applied to a person’s body by another person.
(2) 
“Commissioners”
means the Kitsap County board of county commissioners.
(3) 
“Massage”
means the treatment of superficial parts of the body, with or without the aid of soaps, oils, or lotions, by rubbing, touching, stroking, tapping, kneading, or other manipulation.
(4) 
“Massage business”
means the operation of a business where massages are given.
(5) 
“Masseur”
means a person of either gender who performs massages.
(6) 
“Photography studio”
means a business where models pose for photographs taken by or with patrons where the model or patron has his or her genitals exposed to view.
(Ord. 71 (1977) § 1, 1977)
The provisions of this chapter regarding and regulating massage businesses and masseurs shall have no application to the following:
(1) 
Individuals giving massages in their homes to members of their immediate families;
(2) 
Persons licensed in this state to practice medicine, surgery, drugless therapy, cosmetology, barbering, physical therapy, osteopathy, osteopathy and surgery, chiropractic, podiatry, or nursing or persons working under prescription, supervision, or direction of any of the foregoing persons;
(3) 
Massage practiced at the athletic department of any institution maintained by public funds;
(4) 
Massage practiced at the athletic department of any school or college accredited by the Northwest Association of Secondary and Higher Schools.
(Ord. 71 (1977) § 3, 1977)
No person, firm, partnership, corporation or other entity shall operate, conduct or finance a massage business without a valid massage business license issued by the commissioners.
(Ord. 71 (1977) § 4, 1977)
(a) 
Application for massage business licenses shall be made to the auditor.
(b) 
An application for massage business license shall be verified and shall contain or set forth the following information:
(1) 
The name, home address, home telephone number, principal occupation, and age of the applicant;
(2) 
The business name, business address, and business telephone number of the establishment or proposed establishment;
(3) 
Whether the business or proposed business is the undertaking of a sole proprietorship, partnership or corporation. If a sole proprietorship, the application shall set forth the name, home address, home telephone number, and principal occupation of the sole proprietor. If a partnership, the application shall set forth the names, home addresses, home telephone numbers, principal occupations, and respective ownership shares of each partner, whether general, limited, or silent. If a corporation, the application shall set forth the corporate name, a copy of the articles of incorporation, and the names, home addresses, home telephone numbers and principal occupations of every officer, director and shareholder and the number of shares held by each;
(4) 
The names, home addresses, home telephone numbers and principal occupations of every person, partnership, or corporation having any interest in the real or personal property utilized or to be utilized by the business or proposed business;
(5) 
Whether the applicant, anyone having an interest in the business or proposed business, or anyone having an interest in the real or personal property utilized or to be utilized by the business or proposed business has ever been convicted of or forfeited bail for any crime, excluding minor traffic offenses and, if so, the application shall state the person involved, the charge, date, court, and disposition of the charge;
(6) 
A copy of the business’ current, valid massage business license issued by the director of the Department of Motor Vehicles pursuant to RCW 18.108.
(c) 
Applications shall be accompanied by a nonrefundable fee of one hundred dollars.
(d) 
Within five days of receipt of an application for massage business license, the auditor shall transmit copies of such application to the sheriff, department of community development, commissioners, department of public health, and prosecuting attorney.
(e) 
Within twenty days of receipt of a copy of such license application the following shall occur:
(1) 
The sheriff shall conduct an investigation to determine whether the information contained in the application regarding convictions or bail forfeitures is true and accurate. The sheriff shall thereafter report such findings to the commissioners;
(2) 
The department of community development shall visit the premises and shall determine if the use or proposed use of the premises is in conformity with the Kitsap County zoning ordinance. The department of community development shall thereafter report its findings to the commissioners;
(3) 
The department of community development shall visit the premises and shall determine if the buildings upon the premises meet the requirements of the building, fire, mechanical, and plumbing codes. The department of community development shall thereafter report its findings to the commissioners;
(4) 
The department of public health shall visit the premises and shall determine if the premises and buildings thereon meet the requirements of all laws regarding potable water and the disposal of sewage and solid waste. Furthermore, the department of public health shall determine if the premises, buildings, and methods of operation or proposed methods of operation can or will meet the health standards set forth in Section 6.40.110. The department of public health shall thereafter report its findings to the commissioners.
(f) 
Once the commissioners have received the reports mentioned in subsections (e) (1), (2), (3) and (4) of this section, they shall conduct a public hearing within thirty days. The commissioners shall provide notice of such public hearing, at the expense of the applicant, by publishing notice of such hearing no more than ten but not less than five days prior to the hearing. At such public hearing the commissioners shall determine the following:
(1) 
Whether the applicant, anyone having an interest in the business or proposed business, or anyone having an interest in the real or personal property utilized or to be utilized by the business or proposed business is/are of good moral character. Conviction of a crime involving moral turpitude shall create a rebuttable presumption that such person is not of good moral character;
(2) 
Whether the applicant holds a current, valid massage business license issued by the director of the Department of Motor Vehicles pursuant to RCW 18.108;
(3) 
Whether the use or proposed use of the premises is in conformity with the Kitsap County zoning ordinance;
(4) 
Whether the buildings upon the premises meet the requirements of the building, fire, plumbing, and mechanical codes;
(5) 
Whether the premises and buildings thereon meet the requirements of all laws regarding potable water and the disposal of sewage and solid waste;
(6) 
Whether the premises, buildings, supplies, and methods of operation or proposed methods of operation can or will meet the health standards set forth in Section 6.40.110.
(g) 
If, as a result of the public hearing, the commissioners find in the affirmative to those inquiries mentioned in subsections (f)(1), (2), (3), (4), (5) and (6) of this section, they shall issue a massage business license which shall be valid, unless sooner revoked, until the first-occurring December thirty-first.
(Ord. 71 (1977) § 5, 1977)
(a) 
A massage business license may be renewed by following the application procedure set forth in Section 6.40.050; provided, a renewal application shall specifically state whether those persons mentioned in Section 6.40.050(b) and whether any presently or previously employed masseurs have been convicted of, or charged with any violation of this chapter, RCW 18.108 or the regulations promulgated thereunder, or RCW 9A.88; and, provided, further, the commissioners shall not renew a massage business license if those persons mentioned in Section 6.40.050(b) or presently or previously employed masseurs have been convicted of any violation of this chapter, RCW 18.108 or the regulations promulgated thereunder, or RCW 9A.88.
(b) 
Any person may file with the commissioners a petition to revoke a massage business license. Such petition shall state the grounds for which revocation is sought. Upon receipt of such a petition, commissioners shall hold a public hearing to determine the merits of the petition. The commissioners shall give the massage business licensee written notice of such hearing by mailing such notice to the licensee’s address as contained in the most recent application. Such notice shall be given no less than five days prior to the hearing.
Commissioners shall revoke a massage business license if they find any of the following:
(1) 
That one or more of the conditions specified in Section 6.40.050 (f) (1), (2), (3), (4), (5) or (6) would now be answered in the negative;
(2) 
That one or more of those persons mentioned in Section 6.40.050 (b) (5) or presently or previously employed masseurs have been convicted of or forfeited bail to any violation of this chapter, RCW 18.108 or the regulations promulgated thereunder, or RCW 9A.88.
(Ord. 71 (1977) § 6, 1977)
(a) 
Applications for masseur’s licenses shall be made to the auditor.
(b) 
An application for a masseur’s license shall be verified and shall contain or set forth the following information:
(1) 
The applicant’s name, home addresses (current and former), home telephone number, date of birth, and aliases (past or present);
(2) 
The business name and address where the applicant intends to practice massage;
(3) 
Prior convictions and bail forfeitures of the applicant, excluding minor traffic offenses. The application shall state the charge, date, court, and disposition of the charge;
(4) 
A copy of the applicant’s current, valid massage operator’s license issued by the director of the Department of Motor Vehicles pursuant to RCW 18.108;
(5) 
A certificate of a licensed physician that the applicant is not infected with any contagious, venereal, infectious, or communicable disease;
(6) 
Fingerprint card prepared by the sheriff, and a current photograph.
(c) 
Applications shall be accompanied by a nonrefundable fee of fifty dollars.
(d) 
Within five days of receipt of an application for masseur’s license, the auditor shall transmit copies of such application to the sheriff, commissioners, and prosecuting attorney.
(e) 
Within twenty days of receipt of a copy of such license application the sheriff shall conduct an investigation to determine whether the information contained in the application is true and accurate. The sheriff shall thereafter report his findings to the commissioners.
(f) 
Once the commissioners have received the report mentioned in subsection (e) of this section, they shall conduct a public hearing within thirty days. The commissioners shall provide notice of such public hearing, at the expense of the applicant, by publishing notice of such hearing no more than ten but not less than five days prior to the hearing. At such hearing the commissioners shall determine the following:
(1) 
Whether the applicant is of good moral character. Conviction of a crime involving moral turpitude shall create a rebuttable presumption that such person is not of good moral character;
(2) 
Whether the applicant holds a current, valid massage operator’s license issued by the director of the Department of Motor Vehicles pursuant to RCW 18.108;
(3) 
Whether, based upon the physician’s certificate, the applicant’s close proximity to others would be potentially deleterious to the public health, safety, or welfare.
(g) 
If, as a result of the public hearing, the commissioners find in the affirmative to the inquiries mentioned in subsections (f)(1) and (f)(2) of this section, and in the negative to the inquiry mentioned in subsection (f)(3) of this section, they shall issue a masseur’s license which shall be valid, unless sooner revoked, until the first-occurring December thirty-first.
(Ord. 71 (1977) § 8, 1977)
(a) 
A masseur’s license may be renewed by following the application procedure set forth in Section 6.40.080; provided, a renewal application shall specifically state if the applicant has been charged with or convicted of any violation of this chapter, RCW 18.108 or the regulations promulgated thereunder, or RCW 9A.88; and, provided, further, the commissioners shall not renew a masseur’s license if the applicant has been convicted of a violation of this chapter, RCW 18.108 or the regulations promulgated thereunder, or RCW 9A.88.
(b) 
Any person may file with the commissioners a petition to revoke a masseur’s license. Such petition shall state the grounds for which revocation is sought. Upon receipt of such a petition, commissioners shall hold a public hearing to determine the merits of such petition. The commissioners shall give the licensee written notice of such hearing by mailing such notice to the licensee’s address as contained in the most recent application; such notice shall be given no less than five days prior to the hearing.
The commissioners shall revoke a masseur’s license if they find any of the following:
(1) 
That one or more of the conditions specified in Section 6.40.080 (f)(1) or (f)(2) would now be answered in the negative or that the condition specified in Section 6.40.080 (f)(3) would now be answered in the affirmative;
(2) 
That the licensee has been convicted of a violation of this chapter, RCW 18.108 or the regulations promulgated thereunder, or RCW 9A.88.
(Ord. 71 (1977) § 9, 1977)
(a) 
No person, firm, partnership, corporation, or other entity shall advertise, or cause to be advertised, a massage business without a valid massage business license issued pursuant to this chapter.
(b) 
A massage business licensee shall maintain and shall conspicuously post a list of all services offered, a description of such service, and the price therefor.
(c) 
A massage business licensee shall maintain and retain for a period of two years the names and addresses of all patrons, the services received by such patrons, the amounts paid, and by whom such services were performed.
(d) 
No later than March first of each year a massage business licensee shall file a verified report with the auditor showing the licensee’s gross receipts for the preceding calendar year.
(e) 
A massage business licensee shall maintain and retain for a period of two years the names, addresses, and ages of all persons employed as masseurs by the licensee.
(f) 
No massage business licensee shall employ as a masseur a person under the age of eighteen years or a person not licensed pursuant to this chapter.
(g) 
No massage business licensee shall serve or treat a person under the age of eighteen years unless such person is accompanied by his or her parent or guardian.
(h) 
A massage business licensee shall be closed between 10:00 p.m. and 8:00 a.m.
(i) 
No massage business licensee shall serve, sell, distribute, or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the licensee.
(j) 
No massage business licensee shall utilize or have any scheme or device whereby any employee or customer is or can be warned or advised that an inspection by law enforcement officials is occurring or is about to occur.
(k) 
No massage business licensee shall permit massages to occur behind locked doors.
(l) 
A massage business licensee shall conspicuously display all licenses required by this chapter and by RCW 18.108 or the regulations promulgated thereunder.
(Ord. 71 (1977) § 10, 1977)
(a) 
All massage businesses giving cabinet, vapor, or steam baths shall be equipped with adequate shower facilities.
(b) 
All cabinets, showers, tubs, basins, massage or steam tables, and all other fixed equipment shall be thoroughly cleansed and rendered free from harmful organisms by the application of a bactericidal agent approved by the health department.
(c) 
All combs, brushes, shower caps, mechanical and massage instruments, and other devices that come in contact with the bodies of patrons shall be sterilized or disinfected after each use.
(d) 
Impervious sheeting shall cover, full length, all massage tables or pads.
(e) 
Fresh sheets, linens, or disposable paper sheets shall cover all massage tables or pads and shall be replaced after each use.
(f) 
The massage business shall provide each patron fresh towels and other single-service materials, and such materials shall be cleaned or laundered after each use.
(g) 
Soiled towels, sheets, linens, and other single-service materials shall be placed in a covered receptacle after each use.
(h) 
All floors, walls, ceilings, furniture, and fixtures shall be in good repair, clean, and sanitary at all times.
(i) 
All rooms shall have sufficient lighting and ventilation and shall be maintained at a comfortable temperature.
(j) 
Each massage business shall have toilet and lavatory facilities on the premises and such shall be equipped with hot and cold running water, soap, toilet paper, single-service towels, and waste receptacle.
(k) 
No pets, birds, or animals, except guide dogs, shall be permitted on the premises of a massage business.
(Ord. 71 (1977) § 11, 1977)
All masseurs shall wear washable professional type uniforms and shall be neat, clean, and fully clothed.
(Ord. 71 (1977) § 12, 1977)
(a) 
No person known to be suffering from any contagious, venereal, infectious, or communicable disease shall be treated by any masseur or massage business.
(b) 
No person, whether licensed or not, shall practice massage when infected by any contagious, venereal, infectious, or communicable disease or who has an infected wound or open lesion.
(Ord. 71 (1977) § 13, 1977)
No masseur shall intentionally touch or manipulate the genitals of a customer in any manner nor shall any massage business licensee require, permit, or suffer to occur any such genital manipulation. Such activity shall be grounds for revocation or nonrenewal of the massage business license whether or not the licensee knew of such activity.
(Ord. 71 (1977) § 14, 1977)
Any activity, act, or conduct contrary to the provisions of this chapter is hereby declared to be unlawful and a public nuisance and such activity, act, or conduct may be enjoined by an action brought by the prosecuting attorney or any other interested person.
(Ord. 71 (1977) § 15, 1977)
(a) 
All books and records required to be kept pursuant to this chapter by a massage business shall be open to inspection by the sheriff, prosecuting attorney, or agents thereof during the hours when the massage business is open for business upon two days written notice to the massage business licensee. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter.
(b) 
The premises and facilities upon which a massage business is conducted shall be (as an implied condition of receiving a massage business license) open to inspection by the sheriff, prosecuting attorney, or agents thereof during the hours when the massage business is open for business. The purpose of such inspection shall be to determine if the massage business is operated in accordance with the requirements of this chapter. It is expressly declared that unannounced inspections are necessary to insure compliance with this chapter but that no massage business shall be inspected unannounced by sheriff, prosecuting attorney, or agents thereof more frequently than twice in any calendar month.
(c) 
The premises and facilities upon which a massage business is conducted shall be (as an implied condition of receiving a massage business license) open to inspection by agents, employees, or representatives of the department of public health when the massage business is open for business. The purpose of such inspection shall be to determine if the massage business is operated in accordance with Sections 6.40.110, 6.40.120 and 6.40.130 of this chapter. It is expressly declared that unannounced inspections are necessary to insure compliance with the aforementioned sections of this chapter, but that no massage business shall be inspected unannounced by the health department more frequently than once in any calendar month.
(d) 
For the purposes of this section, no visit to a massage business by any undercover operative of sheriff or prosecuting attorney shall be deemed to be an inspection.
(Ord. 71 (1977) § 16, 1977)
Any person, firm, or corporation violating any provision of this chapter shall be guilty of a misdemeanor and each such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued, or permitted and upon conviction of any such violation such person, firm, or corporation shall be punished by a fine of not more than two hundred and fifty dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment; provided, no person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the sheriff or prosecuting attorney or duly appointed agent thereof; and provided further, no person shall be criminally prosecuted under this chapter for any conduct, act, or activity which would otherwise be criminally prosecutable whenever the elements necessary to sustain a conviction for the conduct, act, or activity are criminally proscribed by RCW 18.108 or the regulations promulgated thereunder.
(Ord. 71 (1977) § 17, 1977)