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Ordinance 25-003 SVMC Title 5 Massage BusinessesCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.25 - 003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY ADOPTING TITLE 5, CHAPTER 30 OF THE SPOKANE VALLEY MUNICIPAL CODE AND AMENDING TITLE 5, CHAPTER 05, SECTION 070 AND TITLE 8, CHAPTER 20, SECTION 110 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE REGULATION OF MASSAGE AND REFLEXOLOGY BUSINESSES, AND OTHER MATTERS RELATED THERETO WHEREAS, state law requires massage therapists and reflexologists to obtain licenses and certifications after meeting education and training prerequisites; and WHEREAS, state law makes it unlawful to practice massage therapy and reflexology without the proper credentials; and WHEREAS, may citizens utilize licensed massage therapists and reflexologists to promote and maintain their health and wellbeing; and WHEREAS, the businesses that employ properly licensed and certified individuals provide an important service to the community; and WHEREAS, law enforcement personnel have commented that the lack of license and certificate verification of massage therapists and reflexologists has led to increases in the unlawful practice of massage therapy and reflexology; and WHEREAS, the City of Spokane Valley passed Ordinances 23-008 and 23-009 with the purpose of prohibiting individuals or businesses from engaging in unlicensed massage and reflexology services and providing additional tools for enforcement; and WHEREAS, after two years of attempted enforcement of the 2023 Ordinances, law enforcement personnel have further identified there are significant challenges to enforcing the Ordinances as written. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, does ordain as follows: Section 1. Purpose. The City of Spokane Valley recognizes the health and wellness benefits of massage and reflexology, and that massage and reflexology businesses in the City of Spokane Valley serve a legitimate purpose in the community. The City recognizes that there are some businesses that hold themselves out as massage or reflexology businesses but employ unlicensed persons to provide massage and uncertified persons to provide reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or certification. In addition, businesses that employ unlicensed or uncertified persons to provide massage and reflexology may be used to facilitate the commission of various criminal acts, including but not limited to prostitution and human trafficking. Businesses that permit unlicensed or uncertified persons to perform massage and reflexology or permit the commission of unlawful acts threaten the business and reputation of legitimate and licensed businesses and practitioners, and present a threat to the public health, safety, and welfare. The purpose of this ordinance is intended to prohibit an individual or business from engaging in the practice of unlicensed massage and reflexology, reduce the commission of related criminal offenses, and support the legitimate provision of these services by licensed massage therapists and reflexologists. Section 2. New Chapter. Chapter 5.30 SVMC is adopted as follows: Chapter 5.30 MASSAGE AND REFLEXOLOGY BUSINESSES Sections: 5.30.010 Definitions. 5.30.020 References to Revised Code of Washington and Washington Administrative Code. 5.30.030 Business License Required. 5.30.040 Owner, director, manager — Proof. 5.30.050 Exemptions — Limitations — name or structure of business. 5.3 0.060 Inspections. 5.30.070 Massage therapist or reflexologist — License or certificate required — Violation. 5.30.080 Massage therapist or reflexologist — Owner, director, manager, or other person in charge to ensure valid license or certificate — Violation. 5.30.090 Underage Practice. 5.30.100 Receipt of massage or reflexology services from unlicensed massage therapist or reflexologist. 5.30.110 Business Hours and Services. 5.30.120 Display of Licenses and Certifications. 5.30.130 Advertising. 5.30.140 Practice requirements and limitations — Responsibility of owner, director, manager, or other person in charge. 5.30.150 Violations - Penalties. 5.30.010 Definitions. For purposes of this chapter, the terms and phrases below shall have the meanings that follow: "Advertise" means any communication to one or more persons identifying massage or reflexology services being offered by any individual or business, including but 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 Internet websites, social media, electronic classified advertisements, cell phone applications, and television or radio advertisements. "Breast Massage" shall have the same meaning as set forth in WAC 246-830-005(7). "Certified reflexologist," "massage business," "massage," "massage therapist," "massage therapy," "reflexology," and "reflexology business" shall have the meanings set forth in RCW 18.108.010. "Conspicuously display" means the display of licenses and certificates in a manner that can be viewed and read by a person immediately upon entry into the first common area inside the massage business or reflexology business. A person must be immediately able to see the displayed licenses and certificates without having to request to see the licenses or certifications. In situations where a massage business or reflexology business is a mobile service which travels to where the massage therapy service or reflexology service will be conducted, conspicuously display shall mean the display of licenses and certificates in a manner that can be viewed and read by a person immediately upon approaching the massage table, massage chair or furniture used to do massage therapy or reflexology. "Common areas" means the areas within a business that are open and available to patrons upon entering the business, including but not limited to lobbies and waiting areas. "Department" means the Washington State Department of Health. "District" means the Spokane Regional Health District. "Gross misdemeanor" and "misdemeanor" shall have the same meaning as set forth in RCW 9A.20.021. "License," "certificate" and "certification" mean a license, certificate or certification issued pursuant to Chapter 18.108 RCW. "Massage Therapist" means a person licensed as a massage therapist under Chapter 18.108 RCW. "Reexologist" means a person certified as a reflexologist under Chapter 18.108 RCW. "Represent himself or herself as a massage therapist" shall have the same meaning as set forth in RCW 18.108.030(1)(b). "Represent himself or herself as a reflexologist" shall have the same meaning as set forth in RCW 18.108.030(2)(b). "Unlicensed Practice" means: 1. Practicing a profession or operating a business identified in RCW 18.130.040 without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or 2. Representing to a consumer, through offerings, advertisements, or use of a professional title or designation, that an individual is qualified to practice a profession or operate a business identified in RCW 18.130.040, when that individual does not hold a valid, unexpired, unrevoked, and unsuspended license to do so. 5.30.020 References to Revised Code of Washington and Washington Administrative Code. References in this chapter to 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. 5.30.030 Business License Required. A. A person is prohibited from operating a massage or reflexology business without a valid business license. B. A business license must be obtained, pursuant to chapter 5.05 SVMC, prior to engaging in or conducting business within the City. C. If a massage or reflexology business' owner changes, the business license shall automatically terminate on the date of such change and a new license shall be applied for in accordance with SVMC 5.05.060. D. Any judgment, sentence, deferred sentence, suspended sentence, probation, or fine imposed in any action originally filed as a violation of this chapter pursuant to SVMC 8.20.110, even if imposed for a different charge based on the same facts underlying the initial charge, shall be a valid basis for a determination to deny, suspend, or revoke a business license in accordance with chapter 5.05 SVMC. 5.30.040 Owner, director, manager —Proof. A. For purposes of the provisions of this chapter and SVMC 8.20.110, whether a person is an owner, director, manager, or other person in charge of a massage business or reflexology business may be established from evidence such as, but not limited to: 1. The person holds himself or herself out as an owner, director, manager, or some other like title evidencing control over business decisions; 2. The person is responsible for the general business decisions of the business; 3. The person is considered by those who provide massage or reflexology services as an owner, director, manager, or other person in charge; 4. The person is in control or partial control of scheduling massage or reflexology services for a patron, or assigning a person to provide such service to any patron; 5. The person is in control or partial control of when, how, or how much those who provide massage or reflexology services work or are paid, or whether those who provide massage or reflexology services are employees or contractors retained to provide services on behalf of the business; 6. The person is listed as a registered agent of the business; 7. The person is listed as a "governing person" by the Washington State Business Licensing Service; 8. The person is an applicant or is listed as an owner on a city or state business license or license application; 9. The person receives income from the business that is dependent on revenue generated by another person providing massage or reflexology services on behalf of or at the business; 10. The person has signed a lease or rental agreement for property at which the business is operated or is responsible for lease or rent payments; 11. The person has signed for a loan on behalf of the massage or reflexology business; 12. The person is financially responsible for the massage business or reflexology business utilities or services such as water, electricity, garbage, sewer, telephone, Internet, cable television, security, cleaning, maintenance, or accounting; 13. The person pays taxes on behalf of the business; or 14. The person is responsible for ensuring the business is properly supplied with resources necessary to carry out the work of the business or maintain the business. B. The presence of any one or more of the circumstances described in this section shall be sufficient to establish that a person is the owner, director, manager, or other person in charge of a massage business or reflexology business. The circumstances described in this section are not exclusive and other evidence may demonstrate a person is an owner, director, manager, or other person in charge of a massage business or reflexology business. 5.30.050 Exemptions — Limitations — name or structure of business. A. The provisions of this chapter shall not apply to the following: 1. Activities set forth in RCW 18.108.050 when performed as provided in that statute; or 2. Massage or reflexology that is not provided in exchange for money, property, or other consideration. B. The exemptions set forth in the above subsection A(1) shall not apply to any person who practices or represents himself or herself as a massage therapist or who practices reflexology or represents himself or herself as a reflexologist and who advertises for the massage or reflexology services, to any business that advertises for massage or reflexology services, or to any person who provides massage or reflexology services at a business that advertises for such services. C. The exemptions set forth in the above subsection A(1) shall not apply to any person who obtains massage or reflexology services from a person who advertises for the massage or reflexology services, from a business that advertises for massage or reflexology services, or from any person who provides massage or reflexology services at a business that advertises for such services. D. The fact that a person or business that provides massage or reflexology services describes or advertises such services by a name other than massage or reflexology shall not exempt that person or business from this chapter. E. In the event the services provided fail within the definition of massage or reflexology, the manner in which a business is incorporated or structured shall be of no consequence in determining if a business provides massage or reflexology services. F. A club or cooperative arrangement in which a person pays a fee to become a member of the club or cooperative and such person obtains massage or reflexology services as a result of such membership shall be considered a massage business or reflexology business. 5.30.060 Inspections. A. Law enforcement personnel shall have the authority to inspect the premises of any massage business or reflexology business to ensure: 1. Compliance with the requirement that credentials are conspicuously displayed and valid; 2. That those providing massage or reflexology services are validly licensed and of proper age; 3. Compliance with the advertising requirements of SVMC 5.30.130; and 4. Compliance with the record keeping requirements of SVMC 5.30.140(E). B. Inspections pursuant to SVMC 5.30.060 shall be limited to: 1. Times when the massage or reflexology business is open; and 2. The common areas of the massage or reflexology business. C. Nothing herein shall authorize entry or inspection of rooms in which massage or reflexology is provided and which are separated from the common area of the massage business or reflexology business absent consent, a warrant, or other lawful basis. D. Nothing herein shall be interpreted as limiting the use by law enforcement of any lawful investigatory techniques. 5.30.070 Massage therapist or reflexologist — License or certificate required - Violation A. It shall be unlawful for any person to practice massage or represent himself or herself as a massage therapist in the city of Spokane Valley without a valid and current massage therapist's license. B. It shall be unlawful for any person to practice reflexology or represent himself or herself as a reflexologist in the city of Spokane Valley without a valid and current massage therapist's license or certificate in reflexology. C. An unissued license or certificate, or an expired, revoked, or suspended license or certificate, shall not be considered a valid license or certificate. 5.30.080 Massage therapist or reflexologist — Owner, director, manager, or other person in charge to ensure valid license or certificate — Violation. A. It shall be the responsibility of any owner, director, manager, or other person in charge of a massage business or reflexology business in the city of Spokane Valley to ensure that each person who practices massage, or represents himself or herself as a massage therapist, is validly and currently licensed, and to ensure that each person who practices reflexology or represents himself or herself as a reflexologist is validly and currently licensed as a massage therapist or certified as a reflexologist. B. 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 a person who does not have a valid and current massage therapist license to practice massage or represent himself or herself as a massage therapist. C. 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 a person who does not have a valid and current massage therapist license or represent himself or herself as a massage therapist or who is not a certified reflexologist to practice reflexology or represent himself or herself as a reflexologist. D. A person with an unissued license or certificate, or whose license or certificate is expired, revoked, or suspended, shall not be considered validly licensed or certified. E. For the purposes of this section, the failure of the owner, director, manager, or other person in charge of a massage business or reflexology business to confirm the validity of a massage license or reflexology certificate through the Department shall constitute criminal negligence. 5.30.090 Underage Practice. A. A massage business owner, director, manager, or person in charge is required to ensure that each person practicing massage therapy or representing himself or herself as a massage therapist is 18 years of age or older. B. A reflexology business owner, director, manager, or person in charge is required to ensure that each person practicing reflexology or representing himself or herself as a reflexologist is 18 years of age or older. C. It is unlawful for a massage business owner, director, manager, or person in charge to facilitate or, with knowledge or criminal negligence, permit the underage practice of massage therapy within his or her massage business. D. It is unlawful for a reflexology business owner, director, manager, or person in charge to facilitate or, with knowledge or crhninal negligence, permit the underage practice of massage therapy or reflexology within his or her reflexology business. E. For the purposes of this section, a massage or reflexology business owner, director, manager, or person in charge's failure to confirm a person's age through a government -issued photo identification and massage therapist license or reflexology certification's status through the Department constitutes criminal negligence. F. It is unlawful for a person to receive massage or reflexology services from another whom the recipient ]snows is underage. G. It is an affirmative defense to SVMC 5.30.090 that the recipient asked about the person's age and received a purported massage therapist license or reflexology certification. 5.30.100 Receipt of massage or reflexology services from unlicensed massage therapist or reflexologist. A. It is unlawful for any person to receive massage services from another whom the recipient knows is not validly or currently licensed to provide massage services. It shall be unlawful for any person to receive reflexology services from another whom the recipient knows is not validly or currently licensed as a massage therapist or certified to provide reflexology services. B. It is an affirmative defense to a violation of this section that the person receiving the massage or reflexology services inquired of the license or certification status of the person providing the services and was provided a document purporting to be a valid and current license of the massage therapist or valid and current certificate of the reflexologist. 5.30.110 Business Hours and Services. A massage or reflexology business is prohibited from operating between 10:00 p.m. and 6:00 a.m. 5.30.120 Display of Licenses and Certifications. A. A massage business is required to conspicuously display its business license and copies of each massage therapist license and reflexology certificate. B. A reflexology business is required to conspicuously display its business license and copies of each massage therapist license and reflexology certification. C. It is unlawful for a massage business owner, director, manager, or person in charge to fail to conspicuously display its business license and copies of each massage therapist license and reflexology certificate. It is also unlawful for a massage business to display an unissued, altered, expired, fraudulent, suspended, or revoked business license, massage therapist license, or reflexology certificate. Furthermore, it is unlawful for a massage business to display a massage therapist license or reflexology certificate if that massage therapist or reflexologist does not conduct business at that location. D. It is unlawful for a reflexology business owner, director, manager, or person in charge to fail to conspicuously display its business license and copies of each massage therapist license and reflexology certification. It is also unlawful for a reflexology business to display an unissued, altered, expired, fraudulent, suspended, or revoked business license, massage therapist license, or reflexology certification. Furthermore, it is unlawful for a reflexology business to display a massage therapist license or reflexology certification if that massage therapist or reflexologist does not conduct business at that location. E. Each massage therapist is required to conspicuously display his or her massage therapist license in each of his or her place(s) of business. Each massage therapist is also required to have a government -issued photo identification on his or her person or available for inspection. F. Each reflexologist is required to conspicuously display his or her reflexology certification in each of his or her place(s) of business. Each reflexologist is also required to have a government -issued photo identification on his or her person or available for inspection. G. It is unlawful for any person to present or conspicuously display an expired, altered, fake, or fraudulently obtained license, certificate, or certification. It shall be unlawful for an owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or permit another to present or conspicuously display an expired, altered, fake, or fraudulently obtained license, certificate, or certification. 5.30.130 Advertising. It is unlawful to advertise the practice of massage or practice reflexology except in accordance with RCW 18.108.040. 5.30.140 Practice requirements and limitations — Responsibility of owner, director, manager, or other person in charge. A. It is unlawful for any person who practices 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 to touch the body parts identified in WAC 246-830-550(1) unless: 1. They perform breast massage in accordance with WAC 246-830-555; 2. They perform massage of the gluteal cleft or perineum in accordance with WAC 246-830-557; or 3. They perform intraoral massage in accordance with WAC 246-830-490. 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 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 246-830-570. F. It is 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. 5.30.150 Violations - Penalties. A. A violation of SVMC 5.30.030 is subject to the penalties outlined in SVMC 5.05.080. B. All other violations of this chapter are subject to the penalties outlined in SVMC 8.20.110. Section 3. Amending SVMC 5.05.070 - .080. SVMC 5.05.070, titled "Violation — Penalty" and SVMC 5.05.080, titled "Appeal" are hereby amended as follows: 5.05.070 Massage or reflexology businesses — Violations related to prostitution or fraud — Initial Inspection — Violation of chapter 5.30 SVMC — Denial or revocation of business license. A. Upon the filing of any application for a business license registration for a massage business or reflexology business, the applicant must provide verification of his or her state issued massage license as provided for in RCW 18.108.030. If the applicant is not a licensed massage therapist or certified reflexologist, the applicant shall provide the following information to the City Manager or designee upon request: (1) the identity, date of birth, and current residence of the person(s) who will be principally responsible for managing the business and each person having an ownership interest in the business, and (2) for each entity having an ownership interest in the business, the identity, date of birth, and current residence of each person possessing an ownership interest in such entity. The City Manager or designee shall promptly provide the applicant's information to the Spokane Valley chief of police or designee. Within ten business days after receiving the same, the Spokane Valley Police chief of police or designee shall notify the City Manager or designee whether the applicant, the massage business or reflexology business manager, and (if the applicant be a corporation) the corporation's officers and the principal shareholders, or any of the foregoing, have been convicted of violating federal, state or local laws relating to the possession, use or sale of narcotics or sexual offenses, including but not limited to Chapter 9A.88 RCW or a similar law of another state and 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. If records available to the Spokane Valley chief of police or designee indicate that any such person has been so convicted, the City Manager or designee shall notify the applicant, by registered letter, that the application has been denied. An applicant's failure to provide the requested information identified in this subsection to the City Manager or designee shall be a basis for denial of a business license. B. Any applicant whose application has been denied on information supplied by the chief of police may appeal such decision as provided in SVMC 5.05.090. C. Within 120 days after the issuance of a business license registration for a massage business or reflexology business, the Spokane Valley chief of police or designee shall conduct an initial inspection pursuant to SVMC 5.30.060. D. The issuance of a business license for a massage business or reflexology business to a person who has previously committed a violation of an offense described in subsection (A) of this section may be revoked in accordance with SVMC 5.05.080. Revocation may occur regardless of the jurisdiction or location in which the violation of the offense occurs. The basis for revocation of the business license pursuant to this section shall be in addition to the grounds for revocation provided in SVMC 5.05.080. E. In the event a person who has obtained a City business license registration for a massage business or reflexology business is thereafter found in violation of an offense described in subsection (A) of this section, such business license may be revoked in accordance with SVMC 5.05.080. Revocation may occur regardless of the jurisdiction or location in which the violation of the offense occurs. The basis for revocation of the business license pursuant to this section shall be in addition to the grounds for revocation provided in SVMC 5.05.080. F. 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 who previously violated any provision of chapter 5.30 SVMC. The basis for denial of the business license pursuant to this section shall be in addition to the grounds for denial provided in SVMC 5.05.080. G. A business license registration for the operation of a massage business or reflexology business may be revoked if the licensee is found to have violated chapter 5.30 SVMC. The basis for revocation of the business license pursuant to this section shall be in addition to the grounds for revocation provided in SVMC 5.05.080. H. 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. 5.05.080 Violation — Penalty. A. Violation. Failure to comply with any provision herein shall be a violation of Chapter 5.05 SVMC. The City may seek any remedy available by law, including but not limited to denial, suspension or revocation of a business license registration and imposition of penalties pursuant to SVMC 5.05.070(D). B. Grounds for Denial, Suspension or Revocation of License. The city manager or designee may deny, suspend, or revoke a business license registration when he/she has reason to believe based upon investigation of documents, physical evidence, or witness statements that the following grounds exist: 1. The license application contains an omission or misrepresentation of material fact; 2. The license application is inconsistent with applicable land use regulations, including zoning, home business, or other applicable land use regulations; 3. The license was procured by fraud; 4. The license is used, or intended to be used, for a business materially different from that applied for; 5. A violation of any of the requirements of Chapter 5.05 SVMC; 6. The business operates in a manner that constitutes a nuisance pursuant to common law or the laws and regulations of the state or City; or 7. The business, licensee, or the employee, director, manager, partner or agent of the business or licensee is cited by law enforcement or any other regulatory authority for violation of any regulation or law authorizing or regulating the license, or regulating the business, activity, or purpose for which the license was issued, regardless of whether such citation results in a conviction by a court. C. In the event the city manager or designee determines to deny, suspend or revoke a City business license registration, he/she shall issue a determination in writing to the business owner listed on the license registration, stating the basis for such determination, the business owner's rights to appeal, and the effect of the determination. The determination shall be sent by certified mail, return receipt requested, and shall become effective three days after issuance. A business owner shall cease all business operations upon denial, suspension or revocation of a business license registration. A determination to deny, suspend or revoke a license registration shall not in any way limit the City's right to any other remedy, including but not limited to assessment of applicable penalties. D. Penalty. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of Chapter 5.05 SVMC shall be deemed to have committed a civil infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a daily monetary penalty pursuant to RCW 7.80.120, as adopted or subsequently amended, including any applicable statutory assessment. The penalties shall be assessed as follows: 1. First offense: Class 3 civil infraction. 2. Second offense arising out of the same facts as the first offense: Class 2 civil infraction. 3. Third offense and any other subsequent offenses arising out of the same facts as the first offense: Class 1 civil infraction. (Ord. 23-008 § 2, 2023; Ord. 18-020 § 3, 2018). 5.05.090 Appeal. A. A person may appeal any (1) determination of a violation of Chapter 5.05 SVMC other than violations associated with the imposition of penalties, which shall be appealed pursuant to SVMC 5.05.080(B), (2) denial, suspension, or revocation of a City business license registration, or (3) determination that a person is engaged in business and the person disputes that determination to the City's hearing examiner within 14 days of such determination. The date of determination shall be three days after the date that the determination is mailed by the City to the address listed on the City business license registration. Appeals shall comply with SVMC Appendix B, Rules of Procedure for Proceedings Before the Hearing Examiner of the City of Spokane Valley, Washington. The hearing examiner's decision is the final decision of the City and may be appealed to the Spokane County superior court within 21 days of the decision being issued. B. Appeals of the imposition of penalties shall be made pursuant to Chapter 7.80 RCW. (Ord. 23-008 § 2, 2023; Ord. 18-020 § 3, 2018). Section 4. Amending SVMC 8.20.110. SVMC 8.20.110, titled "Massage and reflexology businesses" is hereby amended as follows: 8.20.110 Illicit Massage Businesses. A. Purpose. The City of Spokane Valley city council recognizes the health and wellness benefits of massage and reflexology, and that massage and reflexology businesses in the City of Spokane Valley serve a legitimate purpose in the community. The council recognizes that there are some businesses that hold themselves out as massage or reflexology businesses but employ unlicensed persons to provide massage and uncertified persons to provide reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or certification. In addition, businesses that employ unlicensed or uncertified persons to provide massage and reflexology may be used to facilitate the commission of various criminal acts, including but not limited to prostitution and human trafficking. Businesses that permit unlicensed or uncertified persons to perform massage and reflexology or permit the commission of unlawful acts threaten the business and reputation of legitimate and licensed businesses and practitioners, and present a threat to the public health, safety, and welfare. This section is intended to prohibit an individual or business from engaging in the practice of unlicensed massage and reflexology, reduce the commission of related criminal offenses, and support the legitimate provision of these services by licensed massage therapists and reflexologists. B. Compliance with chapter 5.30 SVMC — Violation. 1. A person or business providing massage therapy or reflexology services must comply with the requirements of chapter 5.30 SVMC. 2. The first violation of chapter 5.30 SVMC, except for violations of SVMC 5.30.030, is a misdemeanor. 3. Each subsequent violation of chapter 5.30 SVMC, except for violations of SVMC 5.30.030, whether alleged in the same prosecution or subsequent prosecutions, is a gross misdemeanor. C. Additional Remedies. The remedies provided herein for violations or noncompliance with the provisions of chapter 5.30 SVMC , whether civil or criminal, are cumulative and in addition to any other remedy provided by law. The remedies are not exclusive, and the City may seek any other legal or equitable relief. (Ord. 23-009 § 2, 2023). Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this 15°1 day of April 2025. Q-06�= ":::, Mayor, Pam Haley ATTEST: Marci P tterson, City Clerk Approved As To Form: