For the purposes of this chapter, the following terms, words and phrases shall have the following meanings:
A. 
“Genitals”
means genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female.
B. 
“Manager”
means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving massage practitioners occurring at any place offering massage.
C. 
“Massage”
means the treatment of a human body by another by the external manipulation or pressure of soft tissue. Massage includes rubbing, kneading, touching, stroking, tapping or any other manipulations with or without the aids of superficial heat, cold, water, lubricants, or salts, and including the use of equipment, machinery or appliances.
D. 
“Massage practitioner”
means a person engaged in the practice of massage.
E. 
“Regulated massage business”
means the operation of a business at which massages are given; provided, that the owner is not a licensed massage practitioner.
(Ord. 345 § 2, 2004)
A. 
It is unlawful to conduct, operate or maintain a regulated massage business unless such establishment or premises is licensed as hereinafter provided.
B. 
Businesses employing the following are exempt:
1. 
Physicians, surgeons, chiropractors, osteopaths, acupuncturists, or physical therapists who are duly licensed or certified to practice their respective professions in the state of Washington;
2. 
Nurses who are registered as such under the laws of the state of Washington and who act under the direction and control of a duly licensed physician;
3. 
Persons authorized by the laws of this state as barbers and cosmetologists, provided such massage as is practiced is within their authorized scope of practice;
4. 
Members of the athletic department of any institution maintained by the public funds of the state, or any of its political divisions; or
5. 
Members of the athletic departments of any school or college accredited by the Northwest Association of Secondary and Higher Schools;
6. 
Students enrolled in schools of massage performing such practices of massage as are incidental to their course of study.
(Ord. 345 § 2, 2004)
It is unlawful for any person to perform a massage or represent themselves as a massage practitioner without first applying for, receiving and being in possession of a current, valid Washington State massage practitioner’s license.
(Ord. 345 § 2, 2004)
It is unlawful for any person to manage a regulated massage business without first applying for and receiving a city massage manager license; provided, however, that if the person who will be serving as the manager of the regulated massage business will also be working in the regulated massage business as a licensed massage practitioner and has a valid massage practitioner’s license pursuant to SMC § 5.07.310, said person shall not be required to obtain a massage manager license.
(Ord. 345 § 2, 2004)
A. 
Regulated Massage Businesses. Any person who does not possess a current, valid Washington State massage practitioner’s license who seeks to operate or conduct a regulated massage business must first apply for, receive and possess a regulated massage business license. All applications for a massage business license or license renewal shall be submitted in the name of the person or entity proposing to manage or maintain such regulated massage business and shall be signed by such person or their legally authorized agent and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the clerk.
B. 
Massage Manager. Any person who does not possess a current, valid Washington State massage practitioner’s license who seeks to manage the activities of a regulated massage business must apply for, receive and possess a massage manager’s license. All applications for a massage manager’s license or license renewal shall be signed by the applicant and certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the clerk.
C. 
Background Checks. All applications for regulated massage business or massage manager licenses submitted pursuant to this chapter will be submitted to a background check in accordance with the procedures of the Shoreline police department.
(Ord. 345 § 2, 2004)
The clerk shall refer applications to the Seattle-King County health department and the fire marshal’s office with a request to inspect the premises or proposed premises as to its sanitary and safety conditions and to submit a written report thereon. All licensees shall:
A. 
Comply with the applicable safety and sanitation requirements of SMC § 5.07.345;
B. 
Keep business receipts showing the date of service(s) given, the type of service(s) rendered and the name and license number of the employee rendering the service(s). These business receipts shall be retained for a period of three years after the date of the service(s), and shall be open to inspection by the Shoreline police department;
C. 
Allow any police officer or representative of the city of Shoreline or fire marshal’s office entry to the premises during the hours the regulated massage business is open for business, upon presentation of proper identification, for purposes of inspecting the premises;
D. 
Provide that all doors in such premises, excluding doors in office and storage rooms, unless such doors provide access to service areas, are so equipped that they may not be fastened shut so as to prevent reasonable access by such authorities who announce their authority to enter prior to inspection of such premises;
E. 
Comply with the applicable standards of conduct requirements set out in SMC § 5.07.350;
F. 
Comply with the applicable provisions of the city of Shoreline building, fire and zoning codes;
G. 
Submit proof of a current Washington State massage business license;
H. 
Shall post in a prominent place a list of all services offered with a brief description of what the service entails along with the costs for such services. All business transactions with customers must be conducted in accordance with said posted list; and
I. 
Shall not distribute or consume liquor and/or controlled substances on licensed premises.
(Ord. 345 § 2, 2004)
A. 
The clerk shall deny any regulated massage business license applied for under the provisions of this chapter if they determine that the applicant has:
1. 
Made any material misstatement in the application for a license;
2. 
Proposed a place of business or an establishment to be licensed which would not comply with all applicable requirements of this code including but not limited to the zoning, building, health or fire codes; or
3. 
Not complied with the operating requirements set out in SMC § 5.07.350.
B. 
The clerk may deny any regulated massage business license or massage manager license applied for under the provisions of this chapter if they determine that the applicant has, within three years prior to the date of application:
1. 
Had any convictions or bail forfeitures which have a direct connection with the licensed activity including, but not limited to, theft, controlled substances, prostitution, promoting or permitting prostitution, sexual offenses, consumer fraud, or obscenity; or
2. 
Had a regulated massage business license or manager massage license denied or revoked by the city of Shoreline.
C. 
Effect of License Denial. If any applicant has their license denied pursuant to subsection (B)(1) of this section, a license may not be granted within three years from the date of such denial provided such denial was based on a conviction classified as a felony. All other convictions pursuant to subsection (B)(1) of this section will preclude the issuance of a license under this chapter for a period of at least one year from the date of such denial. All applicants must comply with all application procedures pursuant to this chapter.
(Ord. 345 § 2, 2004)
A. 
The clerk shall revoke or suspend a regulated massage business license or massage manager license if they determine that the licensee has:
1. 
Failed to comply with the applicable safety and sanitation requirements set out in SMC § 5.07.345; or
2. 
Failed to comply with the applicable standards of conduct set out in SMC § 5.07.350; or
3. 
Failed to comply with the applicable building, fire and zoning code provisions; or
4. 
Employed persons who, within a period of one year, have been convicted of prostitution or consumer fraud stemming from activities conducted on the licensed premises, or who have been arrested for such offenses and which lead to such convictions, provided that there are two or more such convictions within one year, or two or more arrests leading to such convictions within one year; or
5. 
Failed to comply with or done anything which constitutes a basis for denying a license.
B. 
If it is determined during an inspection that the condition of any regulated massage business needs correction, a written notice of violation shall be issued to the supervisor, manager, owner or person in charge specifying such violations. Those same violations shall be remedied immediately or by a later date determined by the city. Failure to comply with any written notice of violation by the city to make corrections may result in suspension or revocation of the regulated massage business licenses.
(Ord. 345 § 2, 2004)
No regulated massage business license issued under this chapter shall be transferable from one person to another. Upon the sale or transfer of any substantial interest in a regulated massage business, the license therefor shall be null and void. A new application shall be made by any person desiring to operate or maintain the establishment and shall include a release of interest statement from the previous licensee and/or a signed lease or rental agreement for the establishment.
(Ord. 345 § 2, 2004)
Health and sanitary requirements may include, but are not necessarily limited to, the following:
A. 
Each room or enclosure where massage services are performed on patrons shall be provided with adequate lighting in accordance with the building code, and in addition, at least one artificial light of not less than 40 watts shall be provided in each room or enclosure where services are performed on patrons and shall be in operation when such services are performed.
B. 
The premises shall have equipment for disinfecting and cleaning nondisposable instruments and materials used in administering massage services. Such materials and instruments shall be cleaned after each use.
C. 
Hot and cold running water shall be provided at all times.
D. 
Closed cabinets shall be provided and used for the storage of all equipment, supplies and clean linens. All used disposable materials and soiled linens and towels shall be kept in covered containers or cabinets, which containers or cabinets shall be kept separate from clean storage cabinets.
E. 
Clean linen and towels shall be provided for each massage patron. No common use of towels or linens shall be permitted.
F. 
All massage tables, bathtubs, shower stalls, sauna baths, steam or bath areas and all floors shall have surfaces which may be readily cleaned.
G. 
Oils, creams, lotions or other preparations used in administering massages shall be kept in clean containers or cabinets.
H. 
Shower and/or bathtub, dressing, locker and toilet facilities shall be provided upon request for all patrons served at any given time. Upon the request of a patron, the licensee shall provide the patron with facilities to lock or secure personal property. Patrons of different genders shall not simultaneously use common shower and/or bathtub, dressing, toilet and massage room facilities.
I. 
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use.
J. 
Each massage practitioner shall wash their hands in hot running water using soap or disinfectant before and after administering a massage to each patron.
K. 
No person shall consume food or beverages in massage work areas.
L. 
Animals, except for service animals, shall not be permitted in massage establishments.
M. 
A person suffering from infectious or contagious disease(s) shall not be treated by any licensed massage practitioner. A massage practitioner who is suffering from infectious or contagious disease(s) shall not administer massage services.
N. 
All massage establishments shall continuously comply with all applicable building, fire or health ordinances and regulations.
(Ord. 345 § 2, 2004)
A. 
Regulated massage businesses must have a manager on the premises at all times during business hours.
B. 
It shall be unlawful for any employee or agent of any regulated massage business to:
1. 
Intentionally touch or manipulate the genitals of a massage patron;
2. 
Masturbate or fondle the genital area of a massage patron;
3. 
Administer a massage to a massage patron unless such massage practitioner’s sexual and genital body parts are completely covered by opaque clothing; or
4. 
Administer a massage to unclothed massage patrons in the same room or enclosure at the same time.
C. 
Any violation of this section shall be grounds for revocation or suspension of the massage business and massage operator’s license.
(Ord. 345 § 2, 2004)
Any business required to be licensed under this chapter shall not install any device that is designed as an internal warning system and no persons shall use any device for alerting persons in other portions of the building.
(Ord. 345 § 2, 2004)