This chapter shall be known and may be cited as the "Massage Establishment License and Regulation Ordinance."
For the purpose of the provisions of this chapter, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:
APPLICANT All officers, owners, directors, shareholders, partners, managers and members of a business.
EMPLOYEE Any person who renders any service in connection with the operation of a massage establishment and receives compensation from the operator of the establishment or a client.
LICENSEE The person or business entity to whom a license has been issued to own or operate a massage establishment as defined herein.
MASSAGE; PRACTICE OF MASSAGE 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. Practice of massage 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 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.
MASSAGE ESTABLISHMENT Any business which engages in the practice of massage as defined in this section, either at that location or at another location. "Massage establishment" includes a health club, health spa, or any physical fitness club or business that offers massage on occasion or incidental to its principal operation.
MASSAGE THERAPIST Any person who, for any consideration whatsoever, engages in the practice of massage as defined in this section.
OF SUITABLE CHARACTER The propensity on the part of the person to serve the public in the licensed area in a fair, lawful, honest and open manner.
PATRON Any person 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.
PERSON Any individual, partnership, firm, association, joint-stock company, corporation, limited liability company or combination of individuals of whatever form or character.
SEXUAL OR GENITAL AREA Genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
Any applicant for a massage establishment license pursuant to this chapter shall present to the City Clerk's office an application in duplicate containing the aforementioned and described information.
A. Investigation. Upon receipt of such application, the City Clerk shall retain one copy and refer one copy as follows:
(1) To the Chief of Police or his or her designated representative, who shall investigate and determine whether the person making application for such license is of suitable character to conduct or maintain such a business in the City of Royal Oak. The Chief of Police or his or her designated representative shall forward to the City Clerk the results of such investigation along with a recommendation concerning whether or not the license should be granted.
(a) In making his or her determination, the Chief of Police shall consider:
[1] Penal history. All applicant's convictions in the preceding 10 years, other than traffic violations, the reasons therefor, and the demeanor of the applicant subsequent to his or her release.
[2] License history. The license history of the applicant and his or her employees; whether such person, while previously operating in this City or state or in another state under a license, has had such license denied, revoked or suspended; the reasons therefor; and the demeanor of the applicant subsequent to such action.
[3] Business history. The history of the business, the manner in which the business is conducted, and the conduct of all employees in providing services to the public.
[4] Other information. Any other information and documentation which he or she considers relevant to make a determination as to whether the applicant is of suitable character.
(b) The Chief of Police or his or her designated representative shall complete his or her investigation and determination within 45 days of being provided with a completed application.
(c) If an applicant is found to be unqualified for a license because of lack of suitable character, or similar criteria, the applicant shall be furnished by the City Clerk with a statement containing information as to the basis for this determination.
B. In the case of a massage establishment license application, if the investigation by the Chief of Police or his or her designated representative does not evidence a lack of suitable character, the City Clerk shall refer the application to the Chief Building Inspector, Fire Chief, or their designated representatives, who shall cause a thorough inspection of the premises to be made, if applicable, to ensure that all pertinent provisions of state law and local ordinances, including the applicable plumbing, heating, electrical and zoning codes, are being complied with. The results of such inspections shall be returned to the City Clerk within 30 days of the date the application was referred.
C. If an applicant is found to be unqualified for a license because of lack of suitable character, or similar criteria, the applicant shall be furnished by the City Clerk with a statement containing information as to the basis for this determination.
Application to renew a license to operate a massage establishment shall be filed at least 45 days prior to the date of expiration. Such renewal shall be annual and shall be accompanied by the annual fee to be set by City Commission resolution. Procedures for review of a renewal application shall be in accordance with Chapter
425, Article
II, General Licensing, as amended, and this chapter.
A license requested may be refused, and any license issued may be suspended, revoked, or not renewed for cause. The term "cause" as used in this chapter shall include the doing or omitting of any act, or permitting any condition to exist for which a license is issued, or upon any premises used in connection therewith, which act, omission or condition is contrary to the health, safety and welfare of the public, is unlawful, irregular or fraudulent in nature, is unauthorized or beyond the scope of the license issued, or is forbidden by this chapter or any applicable law. "Cause" shall include, but not be limited to:
A. A determination of lack of suitable character, or a failure of the proposed licensed premises to meet applicable codes and ordinances.
B. Fraud or material misrepresentation in the application for a license.
C. Fraud or material misrepresentation in the operation of the licensed business.
D. Any material violation of this chapter or of the regulations authorized herein.
E. Any violation of federal or state law or local ordinance which creates a risk to the health, safety or welfare of the community, or brings into question whether the licensee is of suitable character to operate the business.
F. Conducting the business in an unlawful manner or in such manner as to constitute a maintenance of a nuisance upon or in connection with the licensed premises. For purposes of this chapter, "nuisance" shall be given the normal and customary meaning, and shall include, but not be limited to, the following:
(1) Existing violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes.
(2) A pattern or practice of patron conduct which is in violation of the law and/or interferes with the health, safety and welfare of the residential or commercial properties in the area.
(3) A pattern or practice of employee conduct which is in violation of any state or federal law, local ordinance, or this chapter.
(4) Failure to maintain the grounds and exterior of the licensed premises, including litter, debris or refuse blowing or being deposited upon adjoining properties.
G. Failure of the licensee to pay personal property taxes, other City obligations, and real property taxes by February 14 of each year arising from the use and occupancy of the property. A licensee who does not own the real property is not responsible for the payment of the real property taxes unless the lease requires such payment.
H. Any violation of this chapter.
Procedures for recommendation of refusal, nonrenewal, revocation or suspension shall be in accordance with Chapter
425, Article
II, General Licensing, as amended, and this chapter.
Every license required under this chapter shall be displayed in a prominent place on the premises.
The licensee or the person designated by the licensee of a massage establishment shall maintain a register of all persons employed or engaged as massage therapists. Included in the register will be a copy of each massage therapist's state license. Such register shall be available at the massage establishment for inspection by representatives of the City of Royal Oak and/or county or state health departments during regular business hours.
A license to operate a massage establishment shall not be issued unless inspectors of the City of Royal Oak reveal that the establishment complies with each of the following minimum requirements:
A. All provisions of all applicable City building, plumbing, fire, electrical and health codes.
B. A recognizable and readable sign that complies with the City's Sign Ordinance shall be posted at the main entrance identifying the business as a massage establishment.
No person shall permit any person under the age of 18 years to come or remain on the premises of any massage establishment as a massage therapist, employee, or patron.
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.
No massage establishment shall be kept open between the hours of 2:00 a.m. and 8:00 a.m.
No person shall employ a person as a massage therapist unless said employee has a current and valid massage therapist license from the State of Michigan or is exempt from the state's licensing requirements.
The Chief of Police or other authorized inspectors from the City of Royal Oak shall at reasonable times during business hours make inspection of each massage establishment for the purposes of determining that the provisions of this chapter are fully complied with.
A massage establishment shall be located as provided by Chapter
770, Zoning, of the Code of the City of Royal Oak.
Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void unless approved as provided by this chapter. It shall be the duty of all owners or licensees having knowledge of the sale, transfer or relocation of a massage establishment to immediately report such sale, transfer or relocation to the City Clerk's office. The failure to do so shall result in an immediate suspension of all business.
No person granted a license pursuant to this chapter shall operate the massage establishment under a name not specified in their license, nor shall they conduct business under any designation or location not specified in their license.
No license shall be transferable except with the consent of the Royal Oak City Commission. An application for such transfer shall be in writing and shall be accompanied by fees provided by City Commission resolution. The written application for such transfer shall contain the same information as requested herein for application for the license. Transfer shall include the sale, or other transfer, of more than 10% of the stock of a corporation, or interest of 10% in any other business entity.
Any person, except those 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 agent or independent contractor for the owner, employee or operator, or acting as a participant or worker in any way, directly or indirectly, who gives massages or operates a massage establishment or any service defined in this chapter without first obtaining a license and paying a fee to do so from the City of Royal Oak or who shall violate any provisions of this chapter shall be deemed guilty of a misdemeanor upon conviction and shall be punished by imposition of a fine not to exceed $500 and/or by imprisonment for a period not to exceed 90 days within the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense.