No person shall be issued a massage establishment license or
myomassologist license unless such person is at least 18 years of
age.
Massage establishment licenses and myomassologist licenses shall be annual licenses and shall be valid only from the date of issuance to the following June 30 (unless earlier revoked or suspended). In the event that a licensee wishes to obtain a license for an ensuing year, such licensee shall file its application in accordance with § 251-3 or 251-7 of this chapter, as the case may be, at least 15 days before the expiration of the current license. If the applicant fails to comply with this requirement, the Township Clerk shall not be required to grant or deny the license before expiration of the current license.
A.
Every person, association, firm or corporation to whom or for which
a license for a massage establishment has been granted shall:
(1)
Display the license in a conspicuous place so that it may be readily
seen by persons entering the massage establishment; and
(2)
Maintain at the massage establishment a register including the names
and employment dates of all persons employed as myomassologists currently
and within the last 12 months.
B.
The massage establishment shall make its license and its employee
register available to law enforcement personnel or to the Township
Building Inspector during normal business hours.
[Amended 2-6-1991 by Ord. No. 3-1991]
Each massage establishment and myomassologist shall comply with
the following standards:
A.
All tables, tubs, shower stalls, toilets and floors (except reception
and administrative areas) shall be made of nonporous materials which
may be readily disinfected.
B.
Closed cabinets shall be provided and used for the storage of clean
linen, towels and other materials used in connection with administering
massages.
C.
Closed containers shall be provided for soiled linen, towels and
waste material.
D.
Separate toilet, lavatory facilities shall be supplied for patrons
and personnel of the establishment. A sufficient number of shower
stalls shall be provided to adequately serve patrons. No more than
one person shall use a shower stall at the same time. Shower stalls
need not be provided. Each area in which massage is practiced shall
be equipped with a working hand lavatory. No toilet, lavatory facility
or shower stall used by massage patrons shall be used in conjunction
with any other business unless the massage operations are clearly
ancillary, incidental and subordinate to another business being lawfully
conducted on the premises. All toilets, lavatories and shower stalls
shall be located and maintained so as to ensure privacy between the
massage establishment and any other business or use.[1]
E.
All equipment, shower stalls, toilets, lavatories and any other such
accoutrements shall be regularly treated with disinfectants and shall
be maintained in a clean and sanitary condition at all times.
F.
No part of the premises shall be used for or connected with any bedroom
or sleeping quarters, nor shall any person sleep in a massage establishment
except for a limited period incidental to and directly related to
a massage or bath.
G.
All walls, ceilings, floors, pools, showers, toilets, bathtubs, steam
rooms and all other physical facilities for the massage establishment
must be in good repair and maintained in a clean and sanitary condition.
Wet and dry heat rooms, steam or vapor rooms, steam or vapor cabinets,
shower compartments, and toilet rooms shall be thoroughly cleaned
each day the business is in operation. Bathtubs and/or showers shall
be thoroughly cleaned after each use.
Each massage establishment and myomassologist shall comply with
the following standards:
A.
No patron shall be serviced who is infected with any fungus or other
skin infection; nor shall any service be performed on a patron exhibiting
skin inflammation or eruptions or having any contagious or communicable
disease.
B.
All personnel and employees shall wash his or her hands in hot water
with soap before giving any service or treatment to each separate
patron.
C.
All towels, tissues, sheets or other coverings shall be used singularly
for each patron and discarded for laundry or disposal immediately
after use.
D.
Nondisposable tools of the trade shall be disinfected after each
use upon a patron.
E.
All employees shall, at all times, wear clean outer garments whose
use is restricted to the massage establishment. The garments shall
be nontransparent and shall cover the torso and the sexual and genital
parts of the employee's body.
F.
Employees shall not attend to a patron if the employee has any contagious
or communicable disease.
No person shall sell, permit, consume, give, or provide, or
cause to be sold, given, or provided, any alcoholic beverage on the
premises of any massage establishment unless licensed to do so by
the Michigan Liquor Control Commission.
No medical treatment shall be given or dispensed by a myomassologist
or at a massage establishment.
No massage establishment or myomassologist granted a license
under the provisions of this chapter shall place, publish or distribute,
or cause to be placed, published or distributed, any advertisement,
picture or statement which is known or through the exercise of reasonable
care should be known to be false, deceptive or misleading in order
to induce any person to purchase or utilize any professional massage
service or massage for hire or consideration.
No massage establishment and no myomassologist shall massage
or service any person under the age of 17 except when such person
is accompanied by a parent or legal guardian or under written order
by a licensed physician, osteopath or registered physical therapist,
such order being dated and in the possession of the myomassologist
giving the massage.
All individuals engaged or involved in the business of a massage
establishment or a myomassologist, including but not limited to, individuals
responsible for the management and operation of the massage establishment,
myomassologists, and other employees, shall be free of all contagious
diseases and communicable diseases, including but not limited to,
sexually transmitted diseases.
All myomassologists shall, not less than five months and not
more than six months following the issuance of a myomassologist license,
file with the Township Clerk a statement from a licensed medical doctor
or osteopath certifying or recertifying that such person (by full
name) has been examined within the 30 days immediately prior thereto
and has been found to be free from all communicable or contagious
diseases, including but not limited to sexually transmitted diseases.
Failure to comply with this requirement shall be a violation of this
chapter and shall constitute grounds for revocation or suspension
of a massage establishment license and/or a myomassologist license.
The premises of each massage establishment shall be open to inspection by the Township at all reasonable times to ensure compliance with this chapter. The refusal to permit such an inspection shall be a sufficient reason for revocation or suspension of a massage establishment license. Notwithstanding § 251-25 hereof, the refusal to permit such inspection shall not be subject to criminal prosecution.
It shall be unlawful for any massage establishment to offer
or for any myomassologist or any other employee to offer or to engage
in any of the following acts or conducts: adamitism, anilingus, cunnilingus,
coprophilia, fellation, flagellation, frontage, masturbation, sadism,
sexual intercourse, sodomy, urolagnia or any intentional stimulation
or manipulation of the sexual or genital parts of the human body.
Appendix A to this chapter defines the above-mentioned acts for purposes
of this chapter.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
Any application for a license hereunder may be denied by the Township Clerk if there are any false statements set forth in the application, and any license granted herein may be revoked or suspended by the Cascade Charter Township Board of Trustees for violation of any provisions of this chapter or any other Township ordinance or state statute, or upon a determination that the continued operation under an existing license shall be contrary to the public health, safety or welfare. Appeal of the denial of a license by the Township Clerk shall be made to the Township Board of Trustees. Except as set forth in Subsection B below, before the Township Board of Trustees revokes or suspends a license issued herein or upon appeal from the denial of a license by the Township Clerk, the Township Board of Trustees shall cause a written notice to be sent by certified mail to the licensee or applicant affected, at the address stated in the license or application, informing such person of the right to a hearing upon request. If the licensee does not request a hearing thereon in writing within 10 days of the date said notice was sent, the license may be forthwith revoked or suspended or the denial of the application affirmed. If the licensee requests a hearing before the Township Board of Trustees in regard to said proposed revocation, suspension or denial, said hearing shall be held within 21 days after the date of the written request. If the licensee or applicant is a massage establishment, the owner of the premises according to the license application shall also be sent a notice of the hearing by certified mail.
B.
Any license issued by the Township may be immediately suspended or
revoked by the Township Manager if the Township Manager determines
that the licensee has violated or someone at or upon the licensed
location has violated any Township ordinance or state law and that
continued operation under the license is contrary to the public health,
safety or welfare. A licensee shall have the right to a hearing before
the Township Board of Trustees on any license suspension or revocation
by the Township Manager. The Township Manager shall cause a written
notice to be personally delivered or sent by certified mail to the
licensee, at the address stated in the license or application, informing
the licensee of the suspension or revocation and the licensee's
right to a hearing upon request. If the licensee does not file a written
request within 10 days after receipt of the notice, the Township Board
of Trustees may forthwith confirm such suspension or revocation or
reinstate the license. If the licensee requests a hearing in writing
before the Township Board of Trustees, the hearing shall be held within
21 days after the date of the written request. Notice of the hearing
shall be sent to the licensee by certified mail at the address stated
in the license or application.
C.
Both the Township and the licensee shall be afforded a reasonable
opportunity to present evidence on the issues at the hearing. In the
event a license is revoked or suspended herein, the licensee or a
substantially similar or related licensee shall not be granted a new
license nor shall a license be granted for the same premises for a
period of three years from the date of the revocation or suspension.
Upon suspension or revocation of any license or permit, the fee therefor
shall not be refunded. The action taken by the Township Board of Trustees
shall be final.
Any violation of this chapter is a public nuisance per se.
