[HISTORY: Adopted by the Mayor and Council of the Township
of Berlin 5-5-1976 by Ord. No. 76:5 (Ch. 83 of the 1976 Code).
Amendments noted where applicable.]
Unless the particular provision or the context otherwise requires,
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 masseur, who
renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business
or patrons.
Any method of treating the superficial parts of a patron
for medical, hygienic, exercise or relaxation purposes by rubbing,
stroking, kneading, tapping, pounding, vibrating or stimulating with
the hands or any instrument, or by the application of air, liquid
or vapor baths of any kind whatever.
Any person who engages in the practice of massage, as herein
defined. The use of the masculine gender shall include in all cases
the feminine gender as well. For purposes of definition, the feminine
gender is commonly known as "masseuse."
Any person over 18 years of age who receives a massage under
such circumstances that it is reasonably expected that he or she will
pay money or give any other consideration therefor.
Any school or institution of learning which has for its purpose
the teaching of the theory, method, profession or work of massage,
which school requires a resident course of study of not less than
70 hours before the student shall be furnished with a diploma or certificate
of graduation from such school following the successful completion
of such course of study or learning.
A.
Business permit required. No person shall engage in or carry on the
business of massage unless he has a valid massage business permit
issued by the Township pursuant to the provisions of this chapter
for each and every separate office or place of business conducted
by such person.
B.
Masseur's permit required. No person shall practice massage as a
masseur, employee or otherwise, unless he has a valid and subsisting
masseur's permit issued to him by the Township pursuant to the provisions
of this chapter.
Any person desiring a massage business permit shall file a written
application with the Township Clerk on a form to be furnished by the
Township Clerk. The applicant shall accompany the application with
a tender of the correct permit fee, as hereinafter provided, and shall,
in addition, furnish the following:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
B.
The name, style and designation under which the business or practice
is to be conducted.
C.
The business address and all telephone numbers where the business
is to be conducted.
D.
A complete list of the names and residence addresses of all masseurs
and employees in the business and the name and residence addresses
of the manager or other person principally in charge of the operation
of the business.
E.
The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding more than 10%
of the stock of the corporation and 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 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, color of hair and eyes, and sex.
(5)
Two front-face portrait photographs, taken within 30 days of the
date of the application, 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 a license or permit has had
such license or permit denied, revoked or suspended and 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, the offense
for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained on file by
the Police Chief or his authorized representatives.
(9)
Diploma, certificate or other written proof of graduation from a
recognized school by the person who shall be directly responsible
for the operation and management of the massage business.
F.
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 hereinbefore required to be set forth in
the application.
G.
Authorization for the Township, 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.
H.
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 Township.
Any person desiring a masseur's permit shall file a written
application with the Township on a form to be furnished by the Township
Clerk. The applicant shall tender with the application the correct
permit fee, as hereinafter provided, and shall, in addition, furnish
the following:
A.
The business address and all telephone numbers where the massage
is to be practiced.
B.
The following personal information concerning the applicant:
(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, color of hair and eyes, and sex.
(5)
Two front-face portrait photographs taken within 30 days of the date
of 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 Township or state under a license or permit has
had such license or permit denied, revoked or suspended and 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, the offense
for which convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained on file by
the Police Chief or his authorized representatives.
(9)
Diploma, certificate or other written proof of graduation from a
recognized school where the theory, method, profession or work of
massage is taught.
(10)
A statement in writing from a licensed physician in the state
that he has examined the applicant and believes the applicant to be
free of all communicable diseases.
C.
Such other information, identification and physical examination of
the person deemed necessary by the Police Chief in order to discover
the truth of the matters hereinbefore required to be set forth in
the application.
D.
Authorization for the Township, 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.
E.
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 Township.
A.
Upon receiving the application for a massage business or masseur's
permit, the Police Chief shall conduct an investigation into the items
set forth in the application for a permit. The Police Chief may, in
his 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.
B.
In the case of applications for massage business permits, the Police
Chief shall cause to be conducted an investigation of the premises
where the massage business is to be carried on, for the purposes of
assuring that such premises comply with all the sanitation requirements
as set forth in the chapter and with the regulations of public health,
safety and welfare.
C.
Before any permit shall issue under this chapter, the Police Chief
shall first sign his approval of the application.
The Township Clerk shall issue a massage business permit within
45 days of receipt of the application unless be finds that:
A.
The correct permit fee has not been tendered to the Township, and,
in the case of a check or bank draft, honored with payment upon presentation.
B.
The operation, as proposed by the applicant, if permitted, would
not comply with all applicable laws, including but not limited to
the Township's building, zoning and health regulations.[1]
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; 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 10 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 Township in conjunction therewith.
E.
The applicant has had a massage business, masseur or other similar
permit or license denied, revoked or suspended for any of the above
causes by the Township or any other state or local agency within 10
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; and the manager
or other person principally in charge of the operation of the business,
is not over the age of 18 years.
G.
The manager or other person principally in charge of the operation
of the business has not successfully completed a resident course of
study or learning of not less than 70 hours from a recognized school
where the theory, method, profession or work of massage is taught.
The massage business permittee shall display his permit, and
that of each and every masseur employed in the establishment, in an
open and conspicuous place on the premises of the massage business.
[Amended 5-14-2001 by Ord. No. 2001-8; 4-29-2019 by Ord. No. 2019-3]
The fee(s) payable hereunder shall be as set forth in Chapter 156, Fees.
Any massage business or masseur's permit issued under this chapter
shall be subject to suspension or revocation by the Township Clerk
for violation of any provision of this chapter or for any grounds
that would warrant the denial of issuance of such permit in the first
place. The Township Clerk, upon such revocation or suspension, shall
state his reasons in writing, specifying the particular grounds for
such revocation or suspension.
Every person who operates a massage business or practices or
provides a massage shall at all times keep an appointment book in
which the name 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 his authorized representatives.
No massage business or masseur permit is transferable, separate
or divisible, and such authority as a permit confers shall be conferred
only on the permittee named therein.
All premises used by permittees hereunder shall be periodically
inspected by the Police Chief or his authorized representatives for
safety of the structure and adequacy of plumbing, ventilation, heating
and illumination. The walls shall be clean and painted with washable,
mold-resistant paint in all rooms where water or steam baths are given.
Floors shall be free from any accumulation of dust, dirt or refuse.
All equipment used in the massage operation shall be maintained in
a clean and sanitary condition. Towels, linen and items for personal
use of operators and patients 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. No massage service or practice
shall be carried on within any cubicle, room, booth or any area within
a massage establishment which is fitted with a door capable of being
locked. Nothing contained herein shall be construed to eliminate other
requirements of statute or ordinance concerning the maintenance of
premises, nor to preclude authorized inspection thereof.
A permittee shall have the premises supervised at all times
when open for business. Any business rendering massage services shall
have one person who qualifies as a masseur on the premises at all
times while the establishment is open. The permittee 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 permittee shall constitute
a violation by the permittee.
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 a masseur, employee or patron, unless such person is on the premises
on lawful business.
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, sanitariums or persons holding an unrevoked certificate
to practice the healing arts under the laws of the state, or 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 profession or business and holding a
valid, unrevoked license or certificate of registration issued by
the state.[1]
[Amended 7-24-2006 by Ord. No. 2006-10]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine not to exceed $2,000 or by imprisonment in the county jail for
a term not to exceed 90 days, or both; and a separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
