[HISTORY: Adopted by the City Council of
the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 193 of the 1984
Code; amended in its entirety 3-24-2009 by Ord. No. 1220. Subsequent amendments
noted where applicable.]
This chapter shall be known and cited as the
"Massage Parlor Ordinance of the City of Roseville" and will be referred
to herein as "this chapter."
Unless the particular provisions of the context
otherwise require, the definitions and provisions contained in this
section shall govern the construction, meaning and application of
words and phrases used in this chapter:
Any person over 18 years of age, other than a massage therapist,
who renders any service in connection with the operation of a massage
parlor and receives compensation from the operator of the parlor or
patrons.
Any place of establishment where massage therapy, as defined
in this chapter, is made available.
Any individual engaged in the practice of massage therapy.
The application of a system of structured touch, pressure,
movement and holding to the soft tissue of the human body in which
the primary intent is to enhance or restore the health and well-being
of the client. The practice of massage therapy includes complementary
methods, including the external application of water, heat, cold,
lubrication, salt scrubs, body wraps or other topical preparations;
and electromechanical devices that mimic or enhance the actions possible
by the hands. Practice of massage therapy does not include medical
diagnosis; practice of physical therapy; high-velocity, low-amplitude
thrust to a joint; electrical stimulation; application of ultrasound;
or prescription of medicines.
A person who owns or controls or who has the duty to control
the operation of a massage therapy business. This includes individuals,
licensees, managers, lessees, sponsors, partnerships, corporations,
societies, organizations, associations or any combination of individuals
of whatever form or character.
Any person over 18 years of age who receives massage therapy
under such circumstances that it is reasonably expected that he or
she will pay money or give any other consideration therefore.
No owner-operator shall engage in or carry on
the operation of a business engaged in massage therapy unless he or
she has a valid massage business license issued by the City pursuant
to the provisions of this chapter for each and every separate office
or place of business conducted by such owner-operator.
No person shall practice massage as a massage
therapist, employee, instructor or otherwise unless the person has
a valid and subsisting massage therapist's license issued by the State
of Michigan.
Any owner or operator desiring a massage business
license to perform massage therapy at a location within the City shall
file a written application with the Police Chief on a form to be furnished
by the Police Chief. The applicant shall accompany the application
with a tender of the correct license fee, as hereinafter provided,
which fee shall not be refundable, and shall, in addition, furnish
the following information:
A.
The type of ownership of the business, i.e., whether
individual, partnership, corporation or otherwise.
B.
The exact nature of the massage to be administered
and the facilities therefor.
C.
The name, style and designation under which the business
or practice is to be conducted.
D.
(Reserved)
E.
A complete list of the names and residence addresses
of all massage therapists and employees in the business and the name
and residence address of the manager or other person principally in
charge of the operation of the business.
F.
The following personal information concerning the
applicant, if an individual; and concerning each stockholder holding
more than 10% of the stock of the corporation, each officer and each
director, if the applicant is a corporation; and concerning the partners,
including limited partners, if the applicant is a partnership; and
concerning the members, if the applicant is a limited liability company;
and concerning the manager or other person principally in charge of
the operation of the business:
(1)
Name, complete residence address and residence telephone
numbers.
(2)
The two previous addresses immediately prior to the
present address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, gender and color of hair and eyes.
(5)
Two front-face portrait photographs taken within 30
days of the date of the application and at least two inches by two
inches in size.
(6)
The massage or similar business history and experience,
including but not limited to whether or not such person, in previously
operating in this or another city or state under license or permit,
has had such license or permit denied, revoked or suspended, the reason
therefor and the business activities or occupations subsequent to
such action of denial, suspension or revocation.
(7)
All criminal convictions, other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted and
the offense for which convicted and the circumstances thereof.
G.
Such other information, identification and physical
examination of the person as shall be deemed necessary by the Police
Chief to discover the truth of the matters hereinafter required to
be set forth in the application.
H.
Authorization for the city, its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application, the qualifications of
the applicant for the permit and the criminal history of the applicant,
including the use of the Law Enforcement Information Network (L.E.I.N.).
I.
The names and addresses of three adult residents of
the county who will serve as character references. These references
must be persons other than relatives and business associates.
J.
A written declaration by the applicant, under penalty
of perjury, that the foregoing information contained in the application
is true and correct, said declaration being duly dated and signed
in the city.
Upon receiving the application for a massage
business license, the Police Chief shall conduct an investigation
into the applicant's moral character and personal and criminal history.
The Police Chief may, in his or her discretion, require a personal
interview of the applicant and such further information, identification
and physical examination of the person as shall bear on the investigation.
The Police Chief shall cause to be conducted
an investigation of the premises where the massage business is to
be carried on for the purpose of assuring that such premises comply
with all the sanitation requirements as set forth in this chapter
and with the ordinances of public health, safety and welfare for the
City of Roseville.
Any applicant for a massage business license
shall submit to lawful inspections by the Department of Buildings
and Inspection, Police Department, Fire Department, Health Department
and such other departments as may be necessary to ensure that the
proposed business and applicant complies with all applicable ordinances
and regulations of the city. The Roseville Police Chief may refuse
to submit any application for approval to the Roseville City Council
until the Chief has a report from any department he or she feels necessary
to make an inspection that the applicant or proposed premises comply
with all ordinances and regulations.
Before the Roseville Police Chief shall issue
any license under this chapter, he or she shall first submit, within
45 days of the receipt of an application, the application with a report
of investigations and inspections and his or her recommendation to
the Roseville City Manager.
The Roseville City Manager, on receipt of an
application, reports and recommendations of the Roseville Police Chief,
shall place the application for a license upon the agenda for the
next regularly scheduled Council meeting; provided, however, that
the Council meeting is not less than six days from the date of receipt
of the application by the City Manager, and in the event it is less
than six days, an application shall be placed upon the agenda for
the following meeting of the City Council.
The Roseville City Council shall determine whether
or not a license shall be issued after reviewing the reports of investigations
and inspections and the recommendations of the Police Chief and other
code enforcement officers. The Roseville City Council shall authorize
the Roseville Police Chief to issue a massage business license within
14 days, unless it finds that:
A.
The correct license fee has not been tendered to the
city and, in the case of a check or bank draft, honored with payment
upon presentation.
C.
The applicant, if an individual, or any of the stockholders
holding more than 10% of the stock of the corporation and any of the
officers and directors, if the applicant is a corporation; or any
of the partners, including limited partners, if the applicant is a
partnership; or any of the members, if the applicant is a limited
liability company; and the manager or other person principally in
charge of the operation of the business, have been convicted of any
crime involving dishonesty, fraud or deceit, unless such conviction
occurred at least five years prior to the date of the application.
D.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact in the permit application or in any
document required by the city in conjunction therewith.
E.
The applicant has had a massage business, massage
therapy or other similar permit or license denied, revoked or suspended
for any of the above causes by the city or any other state or local
agency within five years prior to the date of the application.
F.
The applicant, if an individual; or any of the officers
and directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; or
any of the members, if the applicant is a limited liability company;
and the manager or other persons principally in charge of the operation
of the business, is not over the age of 18 years.
In the event that the Roseville City Council
shall deny an application, it shall specify the particular grounds
for such denial and shall direct the City Attorney or City Manager
to notify the applicant by regular mail addressed to the applicant
at the address shown on the application. Said notice shall specify
the grounds for which said application is denied.
Within 20 days of the date of denial of an application
for a massage business license or a masseur's license, the applicant
may request, in the form of a written application to the Roseville
City Manager, a hearing before the Roseville City Council for reconsideration
of the application for license or for a variance of any of the provisions
or requirements of any ordinance, the violations of which constituted
grounds for the original denial of the application.
At a reconsideration hearing, the applicant
and his or her attorney may present and may submit evidence on his
or her behalf to show that the grounds for the original denial no
longer exist.
After reviewing an applicant's evidence, the
City Council shall determine whether to sustain the denial or to grant
the application for license.
At a reconsideration hearing, the applicant
and his or her attorney may present a statement and adequate evidence
showing that:
A.
There are exceptional or extraordinary circumstances
or conditions applying to the proposed massage business applicant
referred to in the appeal application submitted to the Roseville City
Manager, which circumstances or conditions do not apply generally
to any proposed massage business.
B.
The granting of such massage business license will
not, under the circumstances of the particular case, materially affect
adversely the health, safety or welfare of the persons residing or
working in the neighborhood or attending any massage parlor and will
not, under the circumstances of the particular case, be materially
detrimental to the public welfare or injurious to the immediate neighborhood
or the city at large.
In all cases where the Roseville City Council
shall grant a variance of any provision or requirement of this chapter,
the Roseville City Council shall find that the granting of the variance
under such conditions as the Roseville City Council may deem necessary
or desirable to apply thereto will be in harmony with the general
purpose and intent of this chapter and that it will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
Every licensee/applicant under this chapter
shall permit all reasonable inspections of the business premises and
shall at all times comply with the laws and regulations applicable
to such business premises and shall refrain from operating the licensed
business on the premises after the expiration of said license and
during the period the license may be revoked or suspended.
The massage business licensee/applicant shall
display the license, and that of each and every massage therapist
employed in the establishment, in an open and conspicuous place on
the premises of the massage business.
If, while any application for a massage business
license is pending or during the term of any license granted hereunder,
there is any change in fact, policy or method which would alter the
information provided in such application, the applicant/licensee shall
notify the Roseville Police Chief thereof, in writing, within 72 hours
after such change.
The annual fee for a massage business shall be as provided in Chapter 133, Fees.
All licenses granted under the provisions of
this chapter shall expire on February 1 of each and every year.
Every person who operates a massage business
or practices or provides massage therapy shall at all times keep an
appointment book in which the name, age and address of each and every
patron shall be entered, together with the time, date and place of
service and the service provided. Such appointment book shall be available
at all times for inspection by the Police Chief or authorized representatives,
and said appointment book shall be kept on file for one year from
the date of the last entry therein.
No massage business license is transferable,
separate or divisible, and such authority as a license confers shall
be conferred only on the licensee named therein.
All premises used by the licensee hereunder
shall be periodically inspected by the Police Chief, Director of Buildings
and Inspection, Fire Chief or their authorized representatives for
the safety of the structure and adequacy of the plumbing, ventilation,
heating and illumination. The following minimum standards shall be
maintained:
A.
Walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given.
B.
Floors shall be free from any accumulation of dust,
dirt or refuse.
C.
All equipment used in the massage operation shall
be maintained in a clean and sanitary condition.
D.
Towels, linen and items for personal use of masseurs
and patrons shall be clean and freshly laundered. Towels, cloths and
sheets shall not be used for more than one patron. Heavy, white paper
may be substituted for sheets, provided that such paper is changed
for every patron.
Toilet facilities shall be provided in convenient
locations. When five or more employees and patrons of different genders
are on the premises at the same time, separate toilet facilities shall
be provided. A single water closet per gender shall be provided for
each 20 or more employees or patrons of that gender on the premises
at any one time. Urinals may be substituted for water closets after
one water closet has been provided. Toilets shall be designated as
to the gender accommodated therein.
Lavatories or washbasins provided with both
hot and cold running water shall be installed in either the toilet
room or a vestibule. Lavatories or washbasins shall be provided with
soap in a dispenser and with sanitary towels.
Separate dressing room and/or locker room facilities
shall be provided for the employees and patrons of different genders.
The dressing room and/or locker room facilities shall be designated
as to the gender accommodated.
All massage services enumerated in this chapter
must be carried on in one cubicle, room, booth or area within the
massage establishment. No massage service enumerated in this chapter
may be carried on in any other cubicle, room, booth or area except
where such cubicle, room, booth or area has transparent doors or walls,
such that all activity within the cubicle, room, booth or area is
visible from outside the same.
Advertising that there is a nurse in attendance
is prohibited unless there is a registered graduate nurse constantly
in attendance during the business hours of the massage business.
Advertising that there is a doctor in attendance
is prohibited unless there is a registered physician constantly in
attendance during the business hours of the massage business.
No massage business granted a license under the provisions of this chapter shall place, publish or distribute or cause to be placed, publish or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services as described in the definition of “massage therapy” in § 193-2 of this chapter or that employees or massage therapists are dressed in a manner other than that described in § 193-35 of this Chapter, nor shall any massage business indicate in the text of such advertising that any service is available other than those services described in the definition of "massage therapy" in § 193-2.
Licensees shall exercise every precaution for
the safety of patrons. They shall watch for early signs of fatigue
or weakness and immediately discontinue whatever form of service is
being given upon the appearance of such signs.
Uniforms or garments covering the torso shall
be worn by massage therapists or employees while attending patrons,
which shall be of washable material and shall be kept in a clean condition.
The sleeves shall not reach below the elbow.
The skin of the hands of those attending patrons
shall be clean and in healthy conditions, and the nails shall be kept
short. The hands shall be washed thoroughly before giving the patron
any attention.
The private parts of patrons shall be covered
when in the presence of any massage therapist or employee. Any contact
with the patron's genital area is prohibited.
A business licensee shall have the premises
supervised at all times when open for business. Any business rendering
massage therapy shall have one person who is qualified as a massage
therapist on the premises at all times while the establishment is
open. The licensee shall personally supervise the business and shall
not violate or permit others to violate any applicable provision of
this chapter. The violation of any such provision by any agent or
employee of the licensee shall constitute a violation by the licensee.
No person shall permit any person under the
age of 18 years to come or remain on the premises of any massage business
establishment, as massage therapist, employee or patron, unless such
person is on the premises on lawful business.
No person shall open or cause to be opened or
operate or cause to be operated, within the city limits, any massage
parlor between the hours of 11:00 p.m. and 6:00 a.m.
No person shall sell, give, dispense, provide
or keep or cause to be sold, given, dispensed, provided or kept any
alcoholic beverage on the premises of any massage business.
The provisions of this chapter shall not apply
to hospitals, nursing homes, medical clinics or sanitariums or to
persons holding an unrevoked certificate to practice the healing arts
under the laws of the State of Michigan or to persons working under
the direction of any such persons or in any such establishment, nor
shall this chapter apply to barbers or cosmetologists lawfully carrying
out their particular professions or businesses and holding a valid,
unrevoked license or certificate of registration issued by the State
of Michigan.
The Roseville Police Chief or the Roseville
City Manager shall establish reasonable administrative procedures
necessary to the operation and enforcement of this chapter.
Every person, except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator or whether acting as a mere helper for the owner, employee or operator or acting as a participant or worker in any way, who gives massages or conducts a massage establishment without first obtaining a permit, and paying a license fee to do so, from the City of Roseville or who shall violate any of the provisions of this chapter shall be punished as provided in Chapter 1, General Provisions, Article I.
