(a) Any person desiring a license to operate a massage establishment shall file with the Township Clerk an application, under oath, on a form provided by the Township Clerk. Applications shall include the following information:
(1) The full name of the applicant and whether the applicant is an individual or a corporation, partnership or other business entity;
(2) The name under which the establishment will be operated;
(3) The business address and all telephone numbers where the establishment will be operated;
(4) A copy of the signed lease for the business premises and written consent of the owner to utilize the premises for the described purpose, if the premises are not owned by the applicant;
(5) The full name, address, and phone number of each individual who will manage or be principally in charge of the operation of the establishment, and a complete list of the names and residence addresses of all massage therapists/myomassologists and employees to be utilized by the business, along with documentation establishing that the massage therapist/myomassologists meet the training and certification requirements of this chapter for obtaining an individual massage therapist/myomassologist license, with such information to be updated immediately with any new or changed information not found on the initial list;
(6) A detailed summary or description of the nature and type of services to be provided at the establishment, and whether any off-site services will be provided and, if so, the proposed locations;
(7) The days and times the establishment will be open to provide services;
(8) A release and authorization for the Township, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth on the application and the qualifications of the applicant for the license;
(9) Such other information as may be required by the Clerk, including the information required under subsection (b) below for any person with an ownership interest or who will be managing the premises at any time;
(10) A written declaration by the applicant, given under oath or affirmation, under penalty of perjury, that the information contained in and attached to the application is true and correct; and
(11) The names, addresses, citizenship and/or visa status verification of persons who will perform massage therapist/myomassologist services. The applicant shall also disclose whether any indebtedness exists between the applicant or any agents or employees of the applicant and any proposed massage therapist/myomassologist disclosing the amount of debt and the method of repayment. The applicant shall also disclose whether the applicant or agents are providing or assisting in providing either dwelling space or transportation for any existing or proposed massage therapist/myomassologist. Any fees or compensation of any kind being paid by any proposed massage therapist/myomassologist for the procurement of employment shall also be fully disclosed. Circumstances shall be fully explained, including terms of payment and all contract documents or other documents evidencing any relationship and financial obligation shall be fully disclosed.
(b) Additionally, if the applicant is an individual, the application must include the following information:
(1) The applicant’s addresses for the previous three years;
(2) A listing of the applicant’s previous related experience, including but not limited to whether the applicant has previously held any license as a massage therapist/myomassologist, the location for which such a license was held, the status of such license and, if such license was suspended or revoked, the reasons therefor;
(3) Whether the applicant or licensee managed, operated or had an ownership interest in an establishment where any employee, worker or patron, was charged and/or convicted with criminal offenses occurring on the premises, providing the date, time, location, and an explanation of such occurrences;
(4) The applicant’s height, weight, eye and hair color and sex;
(5) The applicant’s birth date accompanied by written proof, consisting of either a birth certificate, driver’s license, or passport;
(6) A listing of all of the applicant's criminal convictions and/or guilty pleas, if any, other than civil infractions, fully disclosing the jurisdictions in which convicted or in which the plea was tendered, the offense on which originally arrested and the offense for which ultimately convicted or for which the plea was tendered, and the date of same along with the resulting penalty;
(7) The names, addresses and telephone numbers of three character references for the applicant. These references shall not be relatives of the applicant;
(8) Copies of any and all Department of Immigration and Naturalization Service issuances, including any work permits, visitors permits or other documents issued by the Department of Immigration and Naturalization Service concerning the applicant whether presently in effect or recently expired; and
(9) Whether the applicant operated, managed or had ownership in an establishment where illegal sexual activity was occurring, including but not limited to as described in Sections 850.09(s) and (t).
(c) Additionally, if the applicant is a corporation, partnership, or other business entity, the application shall include the following information about each individual who owns at least a 10% share in the corporation or interest in the partnership or other business entity or serves as a director or officer of the corporation or who holds a lien on the establishment or on the equipment therein, each of whom shall be considered to be an applicant:
(1) The individual’s full name and residence address;
(2) The individual’s addresses for the previous three years;
(3) A listing of the individual’s business, occupation, or employment for the previous three years, identifying the time period, address, and telephone number for each, and a listing of previous related experience, including but not limited to whether the individual has ever held any license as a massage therapist/myomassologist, the location for which any such license was held, the status of such license, and if such license was suspended or revoked, the reasons therefor;
(4) Whether the person submitting information, required under subsection (c) managed, operated or had an ownership interest in an establishment where any employee, worker or patron, was arrested, charged, convicted, or any of the foregoing with criminal offenses occurring on the premises, providing the date, time, location, and an explanation of such occurrences;
(5) The individual’s height, weight, eye and hair color and sex;
(6) The individual’s birth date accompanied by written proof, consisting of either a birth certificate, driver’s license, or passport;
(7) A listing of all of the individual’s criminal convictions and/or guilty pleas, if any, other than civil infractions, fully disclosing the jurisdictions in which convicted or in which the plea was tendered, the offense on which originally arrested, and the offense for which ultimately convicted or for which the plea was tendered and the date of same along with the resulting penalty;
(8) The names and addresses of three character references for the individual. These references shall not be relatives of the individual;
(9) The name and address of any business that provides massage services, whether incidentally or otherwise, owned or operated by the applicant or any of the individuals required to submit their personal information pursuant to this subsection; and
(10) Whether the owner, applicant or manager operated, managed or had ownership in an establishment where illegal sexual activity was occurring, including but not limited to as described in Sections 850.09(s) and (t).
(d) All applications shall be accompanied by the following items:
(1) A nonrefundable application fee in an amount set by the Township’s fee schedule ordinance;
(2) If applicable, proof that an assumed name certificate has been filed with the Macomb County Clerk or the State of Michigan;
(3) If applicable, the articles of incorporation and a certificate of good standing issued by the State of Michigan; and
(4) Two front face portrait photographs, at least two inches by two inches, and a complete set of fingerprints taken by the Clinton Township Police Department for each individual required to submit personal information pursuant to subsections (b) and (c) or fingerprint records completed by the State Police in connection with the application for a State license, hereof, except that, in lieu of photos of all corporate shareholders, a corporate applicant may submit photographs of all officers and managing agents of said corporation and a complete set of the same officers’ and agents’ fingerprints. In the case of a partnership, photographs and fingerprints for each partner are required.
(e) It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful statement, either written or oral, or in any way knowingly to conceal any material fact or to give or use any fictitious name in applying for a license under this chapter. Any license obtained by violation of this subsection shall be void.
(f) Each applicant shall certify that it will make available any person performing massage therapist/myomassologist activities upon the premises at the premises for interview with the Township Clerk or Clerk’s designee upon reasonable notice. Such person shall be subject to interview outside of the presence of the establishment owners, their employees or representatives or third persons. If such persons are unable to communicate sufficiently in the English language the applicant shall be responsible for the payment for translator services on behalf of the Police Department for a translator as selected by the Police Department.
(Ord. 376. Passed 6-16-08; Ord. 423. Passed 6-13-16; Ord. 477. Passed 3-28-22.)