For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCOMMODATE. Providing massage to an individual within the confines of a single room.
CITY. The City of Sterling Heights.
EMPLOYEE. Any person who renders any service in connection with the operation of a massage establishment, massage school, or other similar business and receives consideration for such services, either from the operator of the establishment or its patrons. Employees include but are not limited to massage therapists, and the term EMPLOYEE includes leased personnel, contractors, and similar employment relationships.
LICENSEE. The person or entity to whom a license has been issued to operate a massage establishment in the City of Sterling Heights.
MASSAGE. The manipulation of body muscle or tissue through any method of applying pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in the practice of massage therapy, under such circumstances that it is reasonably expected that the person providing the massage shall receive consideration therefor. As used in this chapter, the term MASSAGE includes Reiki that is practiced or offered by anyone who is not a Licensed Reiki Master Teacher (LRMT).
MASSAGE ESTABLISHMENT. Any building, room, place, or establishment where massages are provided or massage therapy is practiced for consideration upon the human body by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse, practical nurse operating under a physician's directions, registered speech pathologist, or physical or occupational therapist who treats only patients recommended by a licensed physician and operates only under such physician's direction, whether with or without the use of mechanical, therapeutic, or bathing devices. A massage establishment shall include but is not limited to massage schools, massage parlors, health spas, health clubs, spa facilities, physical fitness facilities, barber shops, beauty parlors, cosmetology schools, salons, sauna baths, Turkish bathhouses, steam baths, and any similar establishment where massage services are offered or practiced. This term shall not include a regularly licensed hospital, medical clinic, nursing home, or any other medical facilities such as chiropractic, physical therapy, and occupational therapy offices, where massages are provided as an incidental or accessory use to the main use of the premises, or where the performance of massage is under the on-site supervision of and in conjunction with the professional practices of physicians, surgeons, chiropractors, osteopaths, physical therapists, or other medical professionals with valid licenses issued by the State of Michigan; it shall not include transient workplace locations during normal business hours where the massage is performed upon employees of the workplace pursuant to a policy of medical insurance or as a benefit provided by the employer as part of a workplace health program; it shall not include kiosks or similar areas at locations open to the public, such as mall hallways or hospital waiting rooms, where all massage therapy services are performed in public view; and it shall not include an organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area. Nevertheless, massage therapists who perform massage therapy at any of the exempt locations must still be licensed as required by the state.
MASSAGE THERAPIST. Any individual who engages in the practice of massage, massage therapy, and/or massology. The term shall be used as the gender-neutral equivalent of masseur and masseuse, and shall include any person who administers to another person an alcohol rub, fomentation, bath, electric, or magnetic massage procedure, manipulation of the body, or other similar procedure.
OUTCALL MASSAGE SERVICE. Any individual or business that engages in or provides massages at a location designated by the customer, client, or patron, rather than at a massage establishment.
OWNER. A person who conducts or owns a massage establishment, massage school, or other similar business.
PATRON. Any individual who receives a massage at a massage parlor, massage school, or other massage establishment, but not physical therapy or chiropractic services at the offices of a properly licensed health care professional, under such circumstances that it is reasonably expected that he or she shall provide consideration therefor.
PRACTICE OF 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. 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; prescription of medicines; administration of massage to the face, head, neck, or shoulders as part of cosmetic or beautification processes at a school of cosmetology or beauty school; or Reiki that is practiced or offered by anyone who is a Licensed Reiki Master Teacher (LRMT).
REIKI. The practice of applying hands, either on or very close to the body, for the purpose of manipulating the energy of the human body without manipulating the soft tissues of the human body.
SPA FACILITY. A type of massage establishment that offers or engages in personal services that call for the patron to disrobe including, but not limited to, health spa, body wrap, hydro therapy, mineral wrap, magnetic healing, body polish, body wash, float bath, Turkish bathhouse, steam bath, or salon.
(Ord. No. 468, § 1, 2-4-20)
Statutory reference:
Public Health Code Part 179A definitions, see M.C.L. § 333.17951