[Ord. No. 86,
§ 3, eff. 6-9-1989]
The police chief is designated as the inspection officer and
the township clerk as licensing officer pursuant to this article.
[Ord. No. 86,
§ 4, eff. 6-9-1989]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any individual who renders any service in connection with
the operation of a massage establishment and receives compensation
therefor, including but not limited to massagers.
A massage parlor or school of massage.
A person who is a licensed myomassologist and teaches in
a school of massage.
The rubbing, kneading, tapping, compression, vibration, application
of friction, or percussion of the human body or parts of it by hand
or with an instrument or apparatus.
A business establishment where massagers practice massage;
a building, room, place or establishment, other than a regularly licensed
hospital or dispensary, in which body massage is practiced on the
human body, for other than cosmetic or beautifying purposes, with
or without the use of nonpowered mechanical or bathing devices. The
term "massage parlor" includes a health club, health spa or any physical
fitness club or business that offers massage on occasion or incidental
to its regular operation.
Are synonymous and are used interchangeably in this article.
An individual who administers massages.
A person who conducts or owns a massage establishment or
school of massage with their respective duly licensed myomassologists.
Any individual who receives a massage.
An individual, partnership, corporation, or other entity.
The township police chief and/or his duly authorized agent
or police officer.
A building, room, place or establishment which satisfies
the requirements of the state department of education, if any, and/or
of the administrators of this article and is accredited under this
article; which requires for admission students with a tenth grade
education or its equivalent; which employs one or more competent,
certified and/or licensed myomassologists as instructors; and which
has minimum requirements of continuous course of study and training
consisting of study in physiology, anatomy, massage theory, hydrotherapy,
hygiene, ethics, and practical massage, which courses of study and
training are approved by the state department of education and the
state exam licensing board, if so required, or are promulgated by
a myomassologist duly certified by the American Massage Therapy Association
or International Myomassitic Federation.
A person who is 16 years of age or older and is engaged in
the study of myomassology.
[Ord. No. 86,
§ 5, eff. 6-9-1989]
(a)
This article does not apply to a licensed physical therapist, a licensed
athletic trainer, a licensed cosmetologist, or a licensed barber performing
functions authorized under the license held; nor does this article
apply to a licensed medical doctor, osteopath, nurse or chiropractor,
or any individual working under the direct supervision of a licensed
medical doctor, osteopath, nurse or chiropractor, while engaged in
practicing the healing arts.
(b)
This article does not apply to the administration of massage for
therapeutic purposes in a hospital, nursing home, or other medical
care facility.
[1]
Editor's Note: Former Section 18-34, Licenses and certificates
required, adopted effective 6-9-1989 by Ord. No. 86, was repealed
4-20-2015 by Ord. No. 147.
[Ord. No. 86,
§ 7, eff. 6-9-1989; amended 4-20-2015 by Ord. No. 147]
It shall be unlawful for any massager or student to work in,
on or about any establishment unless there shall be displayed in an
open and conspicuous place in the lobby of the establishment a massager's
or student's license issued to the massager or student by the
State of Michigan in accordance with MCLA § 333.17967 et
seq.
[Ord. No. 86,
§ 8, eff. 6-9-1989]
It shall be unlawful for any establishment to accommodate both
male and female patrons at the same time in the same room or to advertise
that it accommodates both male and female patrons together.
[Ord. No. 86,
§ 9, eff. 6-9-1989]
It shall be unlawful for any person operating an establishment
to permit or allow an employee, student, agent or massager thereof,
or any person whatsoever, to violate this article on the premises
of the establishment.
[Ord. No. 86,
§ 10, eff. 6-9-1989]
No person shall sell, give, dispense, provide or keep or cause
to be sold, given, dispensed, provided or kept any alcoholic beverage
or controlled substances on the premises of any establishment.
[Ord. No. 86,
§ 11, eff. 6-9-1989]
No establishment shall have an entrance or exitway providing
a direct passageway to any other type of business, residence or living
quarters.
[Ord. No. 86,
§ 12, eff. 6-9-1989]
(a)
All establishments subject to this article are declared to be public
places and shall not, during business hours, have the doors to the
exits and entrances of such establishments locked or obstructed in
any way so as to prevent free ingress and egress of persons; however,
such doors may be closed.
(b)
Every establishment subject to this article shall be open for inspection
by duly authorized representatives of any township department concerned
with the licensing and supervision of such establishment during operating
hours for the purpose of enforcing any of the provisions of this article
or other ordinances or regulations of the township relating to the
public health, safety and welfare.
(c)
It shall be unlawful for any person to refuse entry to premises in
which a massage parlor or massage school is ostensibly being operated,
by township representatives for the purpose of making lawful inspections.
[Ord. No. 86,
§ 13, eff. 6-9-1989]
No massage establishment shall be kept open for any purpose
between the hours of 11:00 p.m. and 8:00 a.m.
[Ord. No. 86,
§ 14, eff. 6-9-1989]
It shall be the duty of every person conducting or operating
an establishment to keep such establishment at all times in a clean
and sanitary condition. All instruments and mechanical, therapeutic
and bathing devices or parts thereof that come into contact with the
human body shall be sterilized by a modern and approved method of
sterilization, before initial use, and any such instruments and devices
or parts thereof, after having been used upon one patron, shall be
sterilized before being used upon another. Towels and linens furnished
for use of one patron shall not be furnished for use of another patron
until thoroughly laundered.
[Ord. No. 86,
§ 15, eff. 6-9-1989]
All massagers or students in an establishment shall clean their
hands thoroughly with an antiseptic before administering a massage
to each patron accommodated. No individual suffering from a communicable
disease shall work or be employed in an establishment. No individual
suffering from a communicable disease to the knowledge of the owner,
custodian or employees of an establishment shall be accommodated as
a patron therein.
[Ord. No. 86,
§ 16, eff. 6-9-1989]
Massages shall be performed on a massage table or treatment
table. No beds, water mattresses, cots or other equipment designed
for sleeping shall be permitted at the establishment.
[Ord. No. 86,
§ 17, eff. 6-9-1989]
(a)
The establishment shall keep a list of the names and addresses of
all employees, or persons working in the establishment both on duty
and off duty, and such list shall be shown to the police chief or
his duly authorized police officer upon request.[1]
[1]
Editor's Note: Former Subsection (b), which immediately followed
this subsection and required the submission of certain information
for unlicensed employees, was repealed 4-20-2015 by Ord. No. 147.
[Ord. No. 86,
§ 18, eff. 6-9-1989]
[1]
Editor's Note: Former Section 18-46, Keeping of records; records
are proprietary in nature, adopted effective 6-9-1989 by of Ord. No.
86, was repealed 4-20-2015 by Ord. No. 147.
[Ord. No. 86,
§ 19, eff. 6-9-1989; amended 4-20-2015 by Ord. No. 147]
Massagers or students shall wear clothing that shall at least
cover the massager's or student's pubic area, perineum,
buttocks, naval cleft and entire chest to four inches below the collarbone
and legs not exposed more than two inches above the knees. Sleeves
shall not reach below the elbow. The clothing must be kept clean at
all times, and soiled clothing shall not be worn during the treatment
of a patron. The clothing shall be opaque. No massager or student
shall massage a patron whose genitals are exposed during the treatment,
and no patron of a massage establishment shall knowingly expose his
genitals during a massage to a massager or student.
[Ord. No. 86,
§ 20, eff. 6-9-1989]
No massage shall be performed within any cubicle, room, booth,
or any area within an establishment which is fitted with a door capable
of being locked. Exterior doors may have locks, but such exterior
doors shall not be locked while the establishment is open for business
or while any massage is being performed therein. Nothing contained
in this article shall be construed to eliminate other requirements
of statute or ordinance concerning the maintenance of premises, nor
to preclude authorized inspection thereof, whenever such inspection
is deemed necessary by the chief of police or his duly authorized
police officers or any other department inspector of the township.
[Ord. No. 86,
§ 21, eff. 6-9-1989]
No license to conduct a massage parlor, massage school or similar
business shall be issued unless an inspection by the township reveals
that the establishment complies with each of the following minimum
requirements.
(1)
A recognizable and readable sign shall be posted at the main entrance
identifying the establishment as a massage parlor or school provided
all such signs shall comply with the sign requirements of the township.
(2)
Minimum lighting shall be provided in accordance with the township
building and electrical codes.
(3)
Minimum ventilation shall be provided in accordance with the township
building code.
(4)
Adequate equipment for disinfecting and sterilizing instruments used
in performing the acts of massage shall be provided.
(5)
Hot and cold running water shall be provided at all times.
(6)
Closed cabinets shall be provided, which cabinets shall be utilized
for the storage of clean linen.
(7)
Restroom facilities shall be provided for patrons.
[Amended 4-20-2015 by Ord. No. 147]
(8)
All walls, ceilings, floors, pools, showers, bathtubs, whirlpools,
steam rooms, saunas, and all other physical facilities for the establishment
must 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/or showers shall
be thoroughly cleaned after each use.
(9)
Clean and sanitary towels and linens shall be provided for each patron
of the establishment. No common use of towels or linens shall be permitted.
(10)
A minimum of one separate wash basin shall be provided in each establishment
for the use of employees of any such establishment. The basin shall
provide antiseptic soap or detergent and hot and cold running water
at all times and shall be located within or as close as practicable
to the area devoted to the performing of massage services. In addition,
there shall be provided at each wash basin, sanitary towels placed
in permanently installed dispensers.
[Ord. No. 86,
§ 22, eff. 6-9-1989]
An establishment licensee shall have the premises supervised
at all times when open for business. The massage parlor or school
licensee shall personally supervise the establishment, and shall not
violate, or permit others to violate, any provisions of this article.
[1]
Editor's Note: Former Sections 18-51, Massage establishment
as a school of massage, 18-52, Schools of massage; application for
school of massage; student and instructor's license, 18-53, Location
of massage establishment or school of massage, and 18-54, Duty of
Township Clerk, adopted effective 6-9-1989 by Ord. No. 86, were repealed
4-20-2015 by Ord. No. 147.
[Ord. No. 86,
§ 69, eff. 6-9-1989]
Any person violating, or neglecting or refusing to comply with any provision of this article shall upon conviction be deemed guilty of a misdemeanor and shall be punished as provided in section 1-11.
