In addition to the remedies and penalties provided herein, the
Township through its appropriate officers, may seek injunctive relief
to abate and permanently enjoin any violation of this chapter.
In the case of conflict between any provision of this chapter
and any other Township ordinance, the more stringent shall prevail.
A.
Subject to Subsection B below, this chapter shall take effect upon publication in a newspaper generally circulated within Cascade Charter Township.
B.
Except as otherwise provided in this section, all provisions of this chapter shall apply to all massage establishments currently operating within the Township on the effective date of this chapter. Any massage establishment or myomassologist operating on the effective date of this chapter shall file an application for a license in accordance with § 251-3 or 251-7 hereof, as the case may be, on or before June 30, 1988. Failure to file such application shall constitute a violation of this chapter. No massage establishment or myomassologist operating within the Township on the effective date of this chapter shall continue to operate after June 30, 1988, without having first obtained the license(s) required by this chapter.
[Added 8-10-1994 by Ord. No. 19-1994]
This chapter shall not apply to:
A.
Physicians, surgeons, chiropractics, osteopaths, psychiatrists, psychologists,
physical therapists, physical therapist assistants, clinical social
workers, hospitals, nursing homes, family counselors and clergypersons
who are licensed to practice their respective professions in the State
of Michigan, or who are permitted to practice temporarily under the
auspices of an associate or establishment duly licensed in the State
of Michigan.
B.
Nurses who are registered under the laws of this state and who administer
a massage in the normal course of nursing duties.
C.
A trainer who administers a massage in the normal course of training
duties and who has either been certified by the National Athletic
Trainers Association or who is employed by one of the public schools
or state approved nonpublic schools (as those terms are used in MCLA
§ 380.1561; MSA § 15.41561) and who is performing
massage on school premises.
D.
Barbers and beauticians who are duly licensed under the laws of this
state and who administer a massage in the normal course of their duties.
E.
Persons who currently hold a certificate of professional membership
in, and are currently members in good standing of, the American Massage
Therapy Association (or other nationally recognized massage therapy
organization with similar certification requirements), provided that
all of the following requirements are met:
(1)
Evidence of such certificate and membership in good standing is maintained
on file with the Township Clerk;
(2)
The person practices massage as part of a comprehensive program of wellness under the sponsorship of a multidisciplinary health care organization (for purposes of this subsection, a multidisciplinary health care organization shall mean a professional organization which fosters human wellness through holistic and integrative medical techniques and programs and which offers evaluation and treatment services for a variety of physical and psychological problems such as stress, anxiety, depression, marital and family issues, eating disorders, and addictions), or alternately, the person practices massage in conjunction with and at a location at which a person who is exempted from this chapter under Subsection A of this section regularly maintains a full-time professional practice or alternately, the person who practices massage receives a substantial number of referrals from one of the professionals listed in Subsection A above; and
(3)
Proof of graduation from a school of massage licensed by the State
of Michigan, or graduation from a school of massage licensed by another
state if the school has been accredited by the American Massage Therapy
Association (or other nationally recognized massage therapy organization
with similar certification requirements), or current licensure by
another state with equivalent standards of 500 class hours of education
from a state licensed school in the United States.
F.
Any duly licensed establishment in which the above-described persons
practice their respective professions.
G.
Myomassologist who meets all of the following criteria:
[Added 8-27-2003 by Ord. No. 12-2003]
(1)
Proof of graduation from a massage school or school of massage licensed
by the state or licensed by another state in the United States. A
completion of a minimum of 500 hours of massage education is preferred.
For purposes of this article, graduation from a correspondence school
shall not meet or satisfy the graduation requirements.
(2)
Licensure by the state in the manner and to the extent required by
the laws of the state.
(3)
Professional certification by and membership in good standing in
the American Massage Therapy Association (AMTA), Associated Bodywork
and Massage Professionals (ABMP), American Medical Massage Association
(AMMA) or other nationally recognized massage therapy organization
with similar certification requirements.
