(a) Required. No person shall engage in or carry out the business of massage unless he or she has a valid massage business license issued by the City pursuant to the provisions of this chapter for each and every separate office or place of business conducted by such person.
(b) License application.
(1) Filing fee. Every applicant for a license to maintain, operate, or conduct a massage establishment shall file an application under oath with the City upon a form provided by the City Clerk, and pay a non-refundable annual license fee of five hundred dollars ($500.00).
(2) Inspection of premises. Copies of the application shall, within five days, also be referred to the Department of Building and Engineering and the Fire Department. The departments shall, within 30 days, inspect the premises proposed to be operated as a massage establishment and shall make written verification to the City Clerk concerning compliance with the codes of the City that they administer.
(3) Investigation of applicants. The application shall further be referred to the Police Department for investigation of the applicant's character and qualifications.
(4) Contents. Each application shall contain the following information:
A. A definition of the service to be provided;
B. The location, mailing address and all telephone numbers where the business is to be conducted;
C. The name and residence address of the applicant;
1. If the applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage establishment;
2. If the applicant is a partnership, the names and residence addresses of each of the partners, including limited partners, and address of the partnership itself, if different from the address of the massage establishment.
D. The two previous addresses immediately prior to the present address of the applicant;
E. Proof that the applicant is at least 18 years of age;
F. Individual or partnership applicant's height, weight, color of eyes and hair, and sex;
G. Copy of identification such as driver's license and social security card;
H. One portrait photograph of the applicant at least two inches by two inches, which shall be furnished by the applicant, and a complete set of the applicant's fingerprints, which shall be taken by the Police Department. If the applicant is a corporation, one portrait photograph of at least two inches by two inches of all officers and managing agents of the corporation shall be furnished to the Police Department and a complete set of the same officer's and agent's fingerprints, which shall be taken by the Police Department. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including a limited partner in the partnership, shall be furnished to the Police Department, and a complete set of each partner or limited partner's fingerprint's shall be taken by the Police Department;
I. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application;
J. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state, has had a business license revoked or suspended, the reason therefor, and business activity or occupation subsequent to such action of suspension or revocation;
K. All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted;
L. The name and address of each massagist who is or will be employed in the establishment;
M. A diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught, provided, however, that if the applicant will not engage in the practice of massage, he or she need not possess such diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught;
N. The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in division (b)(4)C. of this section, wherein the business or profession of massage is carried on;
O. A description of any other business to be operated on same premises or on adjoining premises owned or controlled by the applicant;
P. Authorization for the City, its agent and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license;
Q. Such other identification and information necessary to discover the truth of the matters specified in this section as required to be set forth in the application.
Upon completion of the above provided form and the furnishing of all information required by this section, the City Clerk shall accept the application for the necessary investigation. The holder of a massage establishment license shall notify the City Clerk of each change in any of the dates required by this section, to be furnished within ten days after such change(s) occur.
(c) Facility requirements. No license to conduct a massage establishment shall be issued unless an inspection by the City reveals that the establishment complies with each of the following minimum requirements.
(1) Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproofed materials, and shall be installed in accordance with the State Construction Code. Plumbing fixtures shall be installed in accordance with the State Construction Code.
A. Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the Department of Building and Engineering.
B. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. Exception: Dry heat rooms with wooden floors need not be provided pitched floors and floor drains.
C. A source of hot water must be available with the immediate vicinity of dry and wet heat rooms to facilitate cleaning.
(2) The premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron.
(3) Closed cabinets shall be provided and used in the storage of clean linens, towels and other materials used in connection with administering massages. All soiled lines, towels and other materials shall be kept separate from the clean storage area.
(4) Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. 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 maybe substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
(5) Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and dispenser and with sanitary towels.
(6) All electrical equipment shall be installed in accordance with the requirements of the current State of Michigan Electrical Code.
(7) All doors or doorway coverings within a massage establishment shall have an unobstructed opening six inches by six inches in size, capable of clear two-way viewing into and out of all cubicles, rooms and booths. The opening shall not be less than four and one-half feet from the floor of the establishment, nor more than five and one-half feet from the floor. Toilets and cubicles used solely for the application of liquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to purpose on the exterior door or curtain of the cubicle, room or booth. Nothing contained in this section shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude the authorized inspection thereof, whenever such inspection is deemed necessary by any City department or agency.
(d) Grounds for Denial. The City shall issue a license for a massage establishment after ratification by the Department of Building and Engineering, City Clerk and Fire Department that requirements for a massage establishment described by this chapter are met unless it finds:
(1) The correct license fee has not been tendered to the City and, in the case of a check or bank draft, honored with payment upon presentation.
(2) The operation, as proposed by the applicant, if licensed, would not comply with all applicable laws, including but not limited to the City's building, zoning and health regulations.
(3) A. The applicant, if an individual, any of the stockholders holding more than 10% of the stock of the corporation or any of the officers and directors if the applicant is a corporation, any of the partners, including limited partners if the applicant is a partnership, or the holder of any lien of any nature upon the business and/or the equipment use therein, and the manager or other person principally in charger of the operation of the business, have been convicted of any of the following offenses or convicted of any out-of-state offense that would have constituted any of the following offenses if committed within the State:
1. An offense involving the use of force and violence upon the person of another that amounts to a felony;
2. An offense involving sexual misconduct;
3. An offense involving narcotics, dangerous weapons that amounts to a felony;
B. The City may issue a license to any person convicted of any of the crimes described in this division (d)(3) if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions of crime mentioned in this section.
(4) The applicant has knowingly made a false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction therewith;
(5) The applicant has had a massage business, masseur, or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five years prior to the date of the application;
(6) The applicant, if an individual, any of the officers and directors if the applicant is a corporation, any of the partners, including limited partners if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business, is not the age of 18 years or older.
(e) Approval or Denial of Application. The City shall act to approve or deny an application for a license under this section within a reasonable period of time, and in no event shall the City act to approve or deny the license later than 90 days from the date that the application was accepted by the City Clerk. The applicant may appeal the denial of an application to the City Council, provided said appeal is made within 30 days of denial.
(f) Display. Every person, corporation, partnership, or association licensed pursuant to this section shall display such license in a prominent place.
(g) Multiple Locations of Business. Should any massage business have more than one location where the business of massage is pursued, then a license stating both the address of the principal place of business and of the other locations shall be issued by the City Clerk upon the tender of a license fee as set by resolution of the Council. Licenses issued for other locations shall be terminated on the same date as that of the principal place of business, regardless of the date of issuance.
(h) Sale, Transfer, Change of Location of Establishment. Upon sale, transfer or relocation of a massage establishment, the license therefor shall be null and void unless approved as provided by Section 822.12(b); provided, however, that upon the death or incapacity of the licensee or any co-licensee of the massage establishment, any heir or devisee of a deceased licensee may continue the business of the massage establishment for a reasonable period of time not to exceed 60 days to allow for an orderly transfer of the license.
(i) Transferability. No license shall be transferable except with the consent of the City and ratified by the Council. An application for such transfer shall be in writing and shall be accompanied by the fee required in Section 822.12(b). The written application for such transfer shall contain the same information as requested in this section for initial application for the license.
(j) Operation Under Name or a Place Not Specified. No persons granted a license pursuant to this section shall operate the massage establishment under a name not specified in their license, nor shall they conduct business under any designation or location not specified in their license.
(k) Expiration. Every license issued pursuant to this section will terminate December 31 of each year unless it has been suspended or revoked before December 31. The applicant must re-apply yearly so that the City may be assured the massage establishment continues as a legitimate business consistent with this section.
(l) Revocation, Suspension. Any license issued for a massage establishment may be revoked or suspended by the Council after notice and hearing for good cause or in any case where any of the provisions of this chapter are violated or where any employee of the licensee, including a masseur or masseuse is engaged in any conduct which violates any of the State or local laws or ordinances at the licensee's place of business, and the licensee has actual or constructive knowledge by due diligence. Such license may also be revoked or suspended by the Council after notice and hearing, upon the recommendations of the County Health Department that such business is being managed, conducted or maintained without regard to proper sanitation and hygiene. Revocation proceedings by the Council shall be conducted within a reasonable time after notice of time and place of hearing and notice of cause for revocation. The Council may designate the City Manager and two other department heads to conduct said hearings with recommendations being made to the Council. The Council will then sit as an appellate body to hear any appeal from an aggrieved party.
(Ord. 2002-28. Passed 9-17-02.)