City of Monroe, MI
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 6-29-1998 by Ord. No. 98-013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See § 1-27.
Obscene exhibitions and entertainments — See Ch. 320.
Peace and good order — See Ch. 492.
Prostitution — See Ch. 531.
Safety, sanitation and health — See Ch. 557.
STATUTORY REFERENCES
Indecency and immorality — See MCLA § 750.335 et seq.
Prostitution — See MCLA § 750.448 et seq.
[1]
Editor's Note: This chapter, previously a codification of Ordinance No. 84-016, adopted 10-29-1984, Ordinance No. 86-007, adopted 4-21-1986, and Ordinance No. 96-015, adopted July 8, 1996, was repealed and reenacted in its entirety by Ordinance No. 98-013.
As used in this chapter, the following terms shall have the meaning indicated:
BATH ESTABLISHMENT
Any establishment having a fixed place of business where any person engages in, carries on, or permits to be engaged in, any activity providing any form of steam bath, electric light bath, electric tub bath, shower bath, tub bath, sun bath, mineral bath or Russian, Swedish or Turkish bath in any form for any consideration whatsoever.
EMPLOYEE
Any and all persons, other than the myomassologist, who renders any service to the operator and receives compensation for such service.
HEALTH CLUB
Any establishment having a fixed place of business which offers service in the form of massages, baths, exercises or similar services in any combination or alone to club members or to the public for any consideration whatsoever.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business, other than a regularly licensed hospital or dispensary, where body massage is regularly practiced on the human body for other than cosmetic or beautifying purposes, with or without the use of nonpowered mechanical devices, and is offered to the public for any consideration whatsoever.
MYOMASSOLOGIST
A person who offers his or her services in the practice of massage.
OWNER
A person, partnership, association, corporation or other entity who or which conducts or owns a health club or a massage or bath establishment with a licensed myomassologist.
PRACTICE OF MASSAGE
The scientific act of body massage by any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of, the external soft parts of the body with the hand or with the aid of any mechanical electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, rubbing oil, powder, creams, lotions, ointments or other similar preparation used in this practice.
The terms "health club," "massage establishment" and "bath establishment" shall not include:
A. 
Hospitals, nursing homes, medical clinics or the office of a physician, surgeon, osteopath or chiropractor;
B. 
Exercise clubs, exclusively for members without massage in any form;
C. 
Barbershops;
D. 
Beauty parlors; or
E. 
The office of a cosmetologist.
No person shall engage in the business of a health club or massage or bath establishment or engage in the practice of massage without first securing a license to do so from the Clerk/Treasurer in compliance with this chapter, except as otherwise provided in this chapter.
[Amended 10-7-2002 by Ord. No. 02-006]
A. 
An application for a myomassologist's license shall be made to the Clerk/Treasurer. The application shall be made under oath stating that the information contained in the application is true and accurate and upon a form provided by the Clerk/Treasurer. Any false statement set forth in an application shall be a violation of this chapter and cause for revocation of the license. The license fee must be paid and the license shall not be processed until the following information has been supplied:
(1) 
The name and residence address and telephone number of the applicant.
(2) 
The two previous addresses and telephone numbers immediately prior to the present address of the applicant.
(3) 
The name of the massage establishment, the street address, the mailing address (if different from the street address) and the telephone number where the applicant shall practice massage.
(4) 
Written proof that the applicant is at least 18 years of age.
(5) 
A copy of some form of personal identification, such as a driver's license.
(6) 
Two identical photos.
(7) 
The business or occupation history of the applicant for the three years immediately preceding the date of application.
(8) 
The place or places of employment and experience for the five years prior to the date of application, including, but not limited to, whether the applicant has had a license or permit denied, revoked, or suspended, the reasons for such denial, revocation or suspension, and the business activity or occupation engaged in by the applicant subsequent to the denial, revocation or suspension.
(9) 
All criminal pleas or convictions of the applicant, including the dates of each plea or conviction, the nature of the crime and the place convicted.
(10) 
A medical certificate signed by a physician licensed to practice in the state within seven days of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease as defined by the Public Health Code of Michigan.
(11) 
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 and the qualifications of the applicant for the permit.
(12) 
Such other identification and information necessary to verify the truth of the matters required to be set forth in the application.
(13) 
The annual license fee for a myomassologist, which shall be established from time to time by resolution of the City Council.
(14) 
The names, current addresses and telephone numbers of at least three permanent residents of the United States and written statements from the same affirming that the applicant is of good moral character. "Good moral character" shall mean the propensity on the part of the individual to serve the public in a fair, open and honest manner. If the applicant is able, such statements must first be furnished from residents of the City, then from residents of Monroe County, then from residents of the state and lastly from the rest of the United States. The references must be from persons other than relatives of the applicant.
B. 
The applicant or holder of a license shall notify the Clerk/Treasurer in writing of each change in any of the data required to be furnished by this section within 10 days after such change occurs.
C. 
The license granted hereunder shall be for one year beginning July 1 of each year.
D. 
Each myomassologist licensed hereunder shall be issued an identification card containing such information as the City shall specify thereon, which card shall be carried by such person at all time while engaged in the practice of massage.
E. 
The provisions of this section shall not apply to myomassologists who meet the following criteria:
(1) 
Proof of current professional membership in the American Massage Therapy Association or other national massage therapy organization with comparable prerequisites for certification, including liability insurance;
(2) 
Successful passage of the National Certification Exam for Massage and Bodywork Practitioners; and
(3) 
Proof of training.
(a) 
Proof of graduation from a school of massage licensed by the state or licensure by another state with equivalent standards of 500 class hours of training from a state-licensed school in the United States; or
(b) 
Completion of a massage training program at an American community college, a college, university or technical school where such program consists at a minimum of the training set forth in Subsection E(3)(a) hereof.
F. 
The annual license fee for each myomassologist shall be established by City Council.
G. 
Each applicant shall pay to the Clerk/Treasurer a fee of $100 at the time the application is made. In the event that the application is rejected, the fee shall be refunded.
[Amended 10-7-2002 by Ord. No. 02-006]
A. 
An application to operate a health club or massage or bath establishment shall be in writing and filed with the Clerk/Treasurer. The license shall not be granted until the license fee is paid and the following information has been supplied.
(1) 
The name and residence of each applicant. If the applicant is a corporation, the names and residences of all directors, officers and ten-percent shareholders, either directly or beneficially. If the applicant is a partnership, the names and residences for each partner.
(2) 
The business history of the applicant regarding previous licenses obtained or refused from any governmental agency, including revocations and suspensions and the reasons therefor.
(3) 
A certification by the Building Official of the City that the physical standards of the establishment are complied with as set forth herein. Prior to issuance of such certificate, the Building Official shall obtain approval of all appropriate City departments, including, but not limited to, fire, plumbing, electrical and sanitation.
B. 
Each employee of a licensed establishment hereunder shall be issued, by the employer, an identification card containing such information thereon as the City deems necessary. Information shall include, but not be limited to, the employee's name, photograph and employee number.
C. 
The license granted hereunder shall be for one year beginning July 1 of each year. The renewal applicant must conform to all provisions herein each year.
D. 
The annual license fee for each health club or massage or bath establishment shall be established by City Council.
E. 
Each applicant shall pay to the Clerk/Treasurer a fee of $100 at the time the application is made. In the event that the applicant is rejected, the fee shall be refunded.
A. 
The City of Monroe shall issue a license upon payment of the license fee, as provided for in this chapter, to an applicant who satisfactorily meets the requirements of this chapter.
B. 
The health club or massage or bath establishment shall display the license in plain view for its patrons.
C. 
No license issued under this chapter is transferable in any manner.
A. 
Any license granted herein may be revoked by the City where it finds:
(1) 
That the health club or massage or bath establishment, or any of such establishment's myomassologists or employees, permits or engages in any activities which are:
(a) 
In violation of this chapter.
(b) 
Contrary to the morals, health, safety and welfare of the public.
(c) 
Unlawful or fraudulent.
(d) 
In violation of any other City code, regulation, rule or ordinance.
(2) 
That the applicant committed any fraud, misrepresentation or false statements in the application for a license.
B. 
Notice of a hearing for the suspension or revocation of a license shall be in writing given by the Clerk/Treasurer, setting forth specifically the grounds of the complaint and the time and place of the hearing. Service of such notice shall be made by either personal service or by certified mail, return receipt requested, to the applicant or licensee at the last known address, at least five days prior to the date set for the hearing.
C. 
A hearing officer may be designated by Council by resolution, and said hearing officer shall not be a City employee. The hearing officer may make findings and recommendations and submit the same to Council.
The premises of each health club or massage or bath establishment shall be subject to inspection by law enforcement officers, health inspectors or building inspectors during working or operating hours to assure compliance with the provisions of this chapter.
A health club or massage or bath establishment shall not advertise that the practice of massage will arrest or cure any illness or disease.
Service in a health club or massage or bath establishment shall be limited to exercise, baths and massage and items related to the practice of massage. Medical treatment shall not be given to a patron.
[Amended 10-7-2002 by Ord. No. 02-006]
Each health club or massage or bath establishment shall comply with the following standards:
A. 
All tables, tubs, shower stalls and floors shall be made of material which may be readily disinfected.
B. 
Separate toilet and lavatory facilities shall be supplied for patrons and personnel of the establishment. Each operating area shall be equipped with a hand lavatory. No toilet and lavatory facility may be used in conjunction with any other business, and said facilities shall be located as to ensure privacy between the health club or massage or bath establishment and other business use.
C. 
All equipment, shower stalls, toilets, lavatories, locker rooms and any other accoutrements shall be regularly treated by disinfectants and shall be maintained in a clean and sanitary condition at all times.
D. 
There shall be approved receptacles for storage of wet towels and other waste materials.
E. 
Clean and sanitary towels and linen shall be provided for patrons receiving a massage and services. No common use of towels or linen shall be allowed.
F. 
No part of the premises shall be used for or connected with any bedroom or sleeping quarters, nor shall any person sleep on such premises, except for a limited period of time incidental to and directly related to a massage.
All health club and massage or bath establishments shall comply with the following standards:
A. 
No patron shall be serviced who is infected with any fungus, skin infection or contagious disease, nor shall any service be performed on a patron exhibiting skin inflammation or eruptions.
B. 
All personnel shall wash their hands in hot water with soap or a similar disinfectant before giving any service or treatment to each separate patron.
C. 
All nondisposable appliances of the trade shall be disinfected after use upon each patron.
D. 
No towel, sheet or other covering shall be reused, and all of the same shall be discarded for laundry or disposal immediately after use.
No person shall permit any person under the age of 18 years to come or remain on the premises of any health club or massage or bath establishment as a myomassologist, employee or patron.
[Amended 10-7-2002 by Ord. No. 02-006]
No health club or massage or bath establishment, myomassologist or employee shall offer, accept or engage in any immoral act or sexual misconduct.
In the event of a conflict between any of the provision of this chapter and any other code, regulation, rule or ordinance, the more restrictive shall prevail.