(a) Each license issued under this chapter shall expire on December 31 of each year and must be renewed prior thereto in order to be valid.
(b) Each license issued under this chapter, whether for the licensed establishment or for each massage therapist/myomassologist who performs massology services at the establishment, shall be conspicuously displayed upon a wall of the massage establishment which is in an area open to the public. All licenses shall be made available, upon request, for inspection by any patron, police officer, or Township official in order to confirm the information contained in the licenses, including photographic information which can be used to visually confirm the identity of a massage therapist/myomassologist. Within seventy-two hours of any change in fact, policy, or method which would alter the information provided in a license application, or on the license itself, the applicant/licensee shall notify the Township Clerk of such change(s) in writing.
(c) It shall be unlawful for any person to fraudulently make use of, to his or her own or another’s benefit, a license issued to him, her or another in accordance with this chapter.
(d) It shall be unlawful for any person to counterfeit or forge or to deface or otherwise alter a license issued under the provisions of this chapter.
(e) A license issued under this chapter is not transferable, separable, or divisible, and the authority conferred shall be conferred only upon the individuals named on, and whose photograph appears on, the license. Upon sale, transfer, or relocation of a massage establishment, the license therefore shall be null and void unless pre-approved by the Township Clerk. 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 Township Clerk’s office. The failure to do so shall result in an immediate suspension of the license. An application for transfer shall be in writing, shall contain the same information as required by this chapter for an initial application for a new license, and shall be accompanied by the same fee as required for an application for a new license.
(f) It shall be unlawful for any person operating an establishment to permit or allow an employee, student, or massage therapist/myomassologist or any person whatsoever to violate any of the terms of this chapter while on the premises of the establishment, and it shall be unlawful for any person at a licensed establishment to condone or allow any unlawful activity to occur on the licensed premises, whether within or outside the actual licensed building. It shall be the responsibility of an owner, operator, manager, or licensee to ensure that each person employed or engaged by him or her as a massage therapist has a valid massage therapist license issued pursuant to this chapter or otherwise pursuant to Public Act 471 of 2009.
(g) No person shall sell, give, dispense, provide, possess, or keep, or cause to be sold, given, dispensed, provided, possessed, or kept, any alcoholic beverage or controlled substances on the premises of any massage establishment.
(h) It shall be unlawful for any massage establishment to accommodate two or more patrons in the same room, except that two patrons may be accommodated in the same room if the two patrons knowingly and voluntarily request that their massage services be provided in the same room, and they execute a consent form indicating that they know each other and they each consent to obtaining massage services in the same room with the other patron.
(i) All massage establishments subject to this chapter are declared to be public places and during business hours shall not lock or obstruct the exits and entrances to the establishment or otherwise prevent free ingress or egress of persons.
(j) No massage establishment shall be kept open between the hours of 9:00 p.m. and 8:00 a.m.
(k) No person shall be permitted to perform a massage if his/her name was not provided to the Clerk’s office on a proper and accurately completed form or who is not licensed to perform a massage as required under applicable State law.
(l) No massage establishment shall place, publish or distribute any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive, or misleading in an effort to induce any person to purchase or utilize massage services.
(m) A massage establishment shall have the premises supervised at all times when open for business. Any business rendering massage services shall have one person who is qualified and licensed as a massage therapist pursuant to Public Act 471 of 2009 as amended on the premises at all times while the establishment is opened. 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 may constitute a violation by the licensee if the licensee knew or should have known that such activity may occur. Any such violation by a licensee may also constitute a violation by the owner, president, and/or other supervisory official of the licensee, in his or her individual capacity, for permitting another to violate this chapter, if such individual knew or should have known that such activities were occurring or likely to occur. Any such violation may be the basis for suspending, revoking, or not renewing a license.
(n) Any applicant or licensee shall be subject to denial, nonrenewal, suspension or revocation if such applicant or licensee was present in a management or operational capacity at another business establishment during a time when illegal sexual activity occurred, including but not limited as described in subsections (s) and (t) below.
(o) 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 therapist/myomassologists. Included in the register will be a copy of each massage therapist/ myomassologist license. Such register shall be available at the massage establishment for inspection by representatives of the Township and/or County or State health departments during regular business hours.
(p) Every patron shall furnish, and every licensee shall require that every patron furnish, proof of identity by showing a valid driver’s license, voter registration certificate, state identification card, or equally reliable identification, and provide a date of birth. The identity and date of birth of every patron, the date and time of the massage, and the identity of the massage therapist/myomassologist administering the massage shall be recorded and maintained on the premises by the licensee for a period of three years and be available at the massage establishment for inspection by representatives of the Township and/or County or State health departments during business hours.
(q) Price rates for all services shall be prominently posted in the reception area in a location available to all prospective patrons.
(r) The premises of the massage establishment shall not be made available for accommodating any person as sleeping quarters. No beds, water mattresses, cots, or equipment designed for sleeping shall be permitted on the premises.
(s) It shall be unlawful for any person, in a massage establishment, to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital part of any other person. Sexual or genital parts shall include the genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female.
(t) It shall be unlawful for any person, in a massage establishment, to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person, in a massage establishment, to expose the sexual or genital parts, or any portions thereof, of any other person.
(u) No person granted a license pursuant to this chapter shall operate a massage establishment or as a massage
therapist/myomassologist under a name not specified in the person’s license, nor shall any licensee conduct business under any designation or location not specified in the licensee’s license.
(Ord. 376. Passed 6-16-08; Ord. 384. Passed 2-23-09; Ord. 423. Passed 6-13-16; Ord. 477. Passed 3-28-22.)