(a) All premises used by a licensee under this chapter shall be periodically inspected by the Police Chief, Building Official, Fire Marshal, or their authorized representatives, for the safety of the structure and adequacy of the plumbing, ventilation, heating, and illumination. Police officers, code enforcement officials, and/or Building Department inspectors may at reasonable times during business hours, or during times when the licensed premises are occupied by an employee or owner of the massage establishment, make inspections of each massage business establishment for the purpose of determining compliance with the provisions of this chapter. A search warrant shall not be required for such inspections, in accordance with the opinion of the Michigan Supreme Court in Gora v. Township of Ferndale, 456 Mich 704 (1998). It is unlawful for any licensee to deny or refuse access to the premises or to hinder the official in any manner in the performance of his or her responsibilities under this chapter, and such refusal shall constitute sufficient grounds for immediate revocation of a license granted under the provisions of this chapter. The following minimum standards shall be maintained:
(1) Walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given, and (except in reception and administrative areas) shall be made of nonporous materials which may be readily disinfected;
(2) Floors shall be free from any accumulation of dust, dirt, or refuse;
(3) All equipment used in the massage operation shall be maintained in a clean and sanitary condition;
(4) 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. Closed containers shall be provided for wet towels and waste material; and
(5) All equipment, shower stalls, toilets, lavatories, and other such accoutrements shall be regularly treated with disinfectants and shall be maintained in a clean and sanitary condition at all times.
(b) Toilet facilities shall be provided in convenient locations. When five or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per sex shall be provided for each twenty or more employees or patrons of that sex 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 sex permitted therein.
(c) Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
(d) Separate dressing room or locker room facilities shall be provided for the employees and patrons of different sex. The dressing room or locker room facilities shall be designated as to the sex permitted. If male and female patrons are to be served simultaneously at the massage establishment, separate massage rooms shall be provided and shall not be shared by male and female patrons, unless the consent required by Section 850.09(f) has been provided.
(e) All massage services enumerated in this chapter may be carried on in one cubicle, room, booth, or area within the massage establishment, but no massage services shall be performed in any room or area which is fitted with a door capable of being locked or barred.
(f) No massage establishment granted a license under the provisions of this chapter shall place, publish, or distribute or cause to be placed, published, 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 permitted by this chapter, or that employees or massage therapist/myomassologists are dressed in any manner other than described in subsection (h) hereof, nor shall any massage establishment indicate in the text of such advertising that any service is available other than the services permitted by this chapter.
(g) 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.
(h) All employees and massage therapist/myomassologists must be modestly attired. Diaphanous, flimsy, transparent clothing is prohibited. Clothing must cover the employee’s or massage therapist/myomassologist’s torso at all times, shall not expose the navel cleft or navel, and shall cover the entire chest. Skirts and dresses are not permitted. The uniform shall include a photographic identification card which shall be worn whenever the employee or massage therapist/myomassologist is working.
(i) The skin and the hands of those attending patrons shall be clean and in healthy condition, and the nails shall be kept short. The hands shall be washed thoroughly with hot running water, using a proper soap or disinfectant, before giving a patron any service or treatment.
(j) All towels, tissues, sheets, or other coverings shall be used singularly for each patron and discarded for laundering or disposal immediately after use.
(k) Nondisposable tools of the trade shall be disinfected immediately after use upon one patron.
(l) The private parts of patrons must be covered when in the presence of any massage therapist/myomassologists or employees. Any contact with the patron’s genital area is prohibited.
(m) No licensee shall knowingly allow any patron to be served when such patron is infected with any fungus or other skin infection, nor shall service be performed on any patron exhibiting skin inflammation or eruptions, unless a licensed physician has certified that such patron may be safely served under specific prescribed conditions.
(n) All employees and massage therapist/myomassologists must be made available for confidential interview with authorized representatives of the Police Chief, Building Official and/or Fire Marshal present on the premises at any time upon entry by the authorized representative.
(o) The terms, conditions, including loan balances, payment history of any loans or any other forms of indebtedness by applicant or its agents shall be fully disclosed to police upon request.
(Ord. 376. Passed 6-16-08.)
(p) Doors shall remain unlocked and the premises accessible during hours of operation. A sign “Open for Business” shall be present and clearly visible from the street with a dimension of at least 1' x 1'.
(Ord. 423. Passed 6-13-16.)