[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.]
Health Department — See Ch. 5, Sec. 5.4.
Police Department — See Ch. 7, Sec. 7.9.
Fire Department — See Ch. 7, Sec. 7.10.
Department of Buildings and Inspection — See Ch. 7, Sec. 7.13.
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.
- MASSAGE BUSINESS
- Any place of establishment where massage therapy, as defined in this chapter, is made available.
- MASSAGE THERAPIST
- Any individual engaged in the practice of massage therapy.
- 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.
- OWNER or OPERATOR
- 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:
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
The exact nature of the massage to be administered and the facilities therefor.
The name, style and designation under which the business or practice is to be conducted.
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.
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:
Name, complete residence address and residence telephone numbers.
The two previous addresses immediately prior to the present address of the applicant.
Written proof of age.
Height, weight, gender and color of hair and eyes.
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.
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.
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.
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.
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.).
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.
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:
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.
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.
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.
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.
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:
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.
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:
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 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.