(A) All premises used by a licensee under this chapter are declared to be public places and shall be periodically inspected by the Building Official or 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, including all rooms within the establishment, without prior notice for the purpose of determining compliance with the provisions of this chapter. During business hours, no doors to the exits and entrances of a licensed establishment shall be locked or obstructed in any way so as to prevent free ingress and egress of persons. A search warrant shall not be required for such inspections, in accordance with the opinion of the Michigan Supreme Court in Gora v City 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 in addition to the misdemeanor penalties set forth in Chapter 1 of the City Code, such refusal shall constitute sufficient grounds for immediate revocation by the City Clerk of a license granted under the provisions of this chapter. The following minimum standards shall be maintained:
(1) Walls shall be clean, waterproof, 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 massage therapists and patrons shall be clean and freshly laundered. Closed cabinets shall be used for the storage of clean linen, towels, and other materials used in connection with administering massages. 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. All soiled linens, towels, and other materials shall be kept separate from the clean storage areas. No common or shared use of towels or linens is permitted. Closed containers shall be provided for wet towels and waste material;
(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 20 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.
(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 § 30-9(H) 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) Advertising that there is a nurse in attendance is prohibited unless there is a registered graduate nurse constantly in attendance during the business hours of the massage establishment.
(G) Advertising that there is a doctor in attendance is prohibited unless there is a registered physician constantly in attendance during the business hours of the massage establishment.
(H) 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 therapists are dressed in any manner other than described in division (J), 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.
(I) 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.
(J) All employees and massage therapists must be clean and modestly attired. Diaphanous, flimsy, transparent clothing is prohibited. Clothing must cover the employee's or massage therapist's torso, pubic area, perineum, and buttocks at all times, shall not expose the natal cleft or navel, and shall cover the entire chest to four inches below the collarbone. A blouse or shirt, along with slacks, must be worn at all times, and skirts and dresses are not permitted. A one-piece pants suit or coverall is also permissible. The uniform shall include a photographic identification card which shall be worn whenever the employee or massage therapist is working.
(K) 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.
(L) All towels, tissues, sheets, or other coverings shall be used singularly for each patron and discarded for laundering or disposal immediately after use.
(M) Nondisposable tools of the trade shall be disinfected immediately after use upon one patron.
(N) The private parts of patrons must be covered when in the presence of any massage therapist or employees. Any contact with the patron's genital area is prohibited.
(O) 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.
(Ord. No. 468, § 1, 2-4-20)