Spokane Valley council rushes business license changes into law

By John McCallum Current contributor

Spokane Valley’s City Council waived its rules at the May 9 meeting and fast-tracked passage of two ordinances dealing with what it refers to as “unlawful massage businesses.”

The first ordinance, 23-080, amends the Business Licenses and Regulations’ (Chapter 5) requirements for a license (5.05) regarding application procedure, violation and penalties and appeals for all businesses in the city of Spokane Valley. The second, 23-090, adopts Chapters 18.108 “Massage Therapists” and 18.130 “Regulation of Health Professions – Uniform Disciplinary Act” of the Revised Code of Washington (RCW) “related to the unlicensed practice of professional services by reference” as part of the city’s code.

In a May 8 news release, the city said advancing the ordinances was “not proposing any new licensing requirements, and is supportive of legitimate massage therapists and business operators who obtain professional certifications and conduct lawful practices.”

The amendments to chapter 5.05 specify the City Manager or their designee as the individual responsible for reviewing these applications or denying, suspending or revoking the licenses if conditions exist to do so. The amendments listed eight reasons for these latter actions, including licenses procured by fraud, applications inconsistent with current land use regulations and a license “used, or intended to be used, for a business materially different from that applied for.”

Senior Deputy City Attorney Tony Beattie told the council one of those eight reasons, No. 8, was considered overly broad by city staff as it pertains to a business or licensee that “fails to comply with any other applicable local, state, or federal law or regulation.” The removal was in favor of retaining reason No. 7, which was focused more at regulations and requirements of specific licenses.

“So, it is much more narrow,” Beattie said.

For Councilman Ben Wick, that seventh reason was cause for concern. Number seven not only lists any business or licenses in violation but also any “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” as a reason for denial, suspension or revocation of the businesses operating license.

As an example, Wick cited a pizza delivery driver who gets a speeding ticket while making deliveries for the business.

“How would that look in number 7?” Wick asked Beattie. “I mean, they’re still part of the business. Would that be grounds (for revoking, denying, suspending) in number 7?”

Beattie said he didn’t believe it would as that was not the intent of the provision. Later in the discussion, attorney Kelly Konkright told Wick he believed the ordinance language wouldn’t apply under those circumstances since it was more focused to requirements of the specific business license and regulations governing operation of a specific industry.

Councilman Arne Woodard said he didn’t believe citations are considered violations of law with regards to the ordinance language.

“It’s a civil, social agreement we have to abide by speed limits or whatever as opposed to being an unlicensed person or making a conscious decision to violate what the law says you’re supposed to be able to do,” he added.

He likened the difference to one between getting a pizza from point A to point B as fast as possible to someone making the pizza under deliberately unsanitary or healthy conditions.

“If it applies to the specific license, then I’m all in,” Wick replied. “But to me, it starts off with any violation, and it doesn’t have to be a conviction, but any citation that could happen.”

Beattie also told the council that Ordinance 23-090, pertaining to massage therapy licenses, provided local law enforcement with authority to enter any such business to check on compliance with state licensing requirements. That authority “is limited to time, manor and scope, the purpose being the verification of credentials of massage therapist and reflexologists.”

The state provisions declare any person with knowledge or through criminal negligence who allows an unlicensed practice to occur in their business is guilty of a misdemeanor for the first violation and a gross misdemeanor for subsequent violations. A misdemeanor is punishable by up to 90 days in jail, a maximum of $1,000 in fines or both. A gross misdemeanor is punishable by up to 364 days in jail, a maximum of $5,000 in fines or both.

According to the city’s press release, both ordinances are in response to citizen complaints about unlawful massage operations in the city, along with other suspected criminal activity taking place on their premises “such as prostitution and human trafficking.”

“If we don’t address illegal activity, we’ll see more of it and it will negatively affect neighboring businesses,” Spokane Valley Police Chief David Ellis said in the release. “We have received multiple complaints from the community, as well as legitimate licensed massage therapy providers.”

Councilwoman Brandi Peetz said the measures were not about going after law-abiding people or businesses, but those who are operating illegally.

“This is not a money grab,” she added. “We’re not going to be raking in millions of dollars off of this, contrary to popular belief.”

Wick agreed the new massage business regulations “makes a lot of sense,” but didn’t see the need to waive the rules for passage and adopt the two ordinances under emergency conditions. Councilwoman and Mayor Pam Haley said the reasons for waiving had been discussed at length, and the police department has wanted the new codes for a “very long time.”

Both ordinances passed on a 6-1 council vote, with Wick voting nay.

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