(0)
(I) T foundling or
o h r rottc touching
of human genitals,
pubic r glon, buttoc s
o f m I br ast,
(I) acts of human
m sturoano , sexu
Intercourse or sod­
omy, or
(ill)
oth
rei
(p) "Recogniz d
School/Massage
School me ns any
school or educational
in Itution hcen d to
do business as a
school or educa ional
institution in the State
in which it IS located,
or any school recoq­
mzec by or approvec
by or affiliated with th
American Message
and therapy Associa­
tion, Inc., and which
had for Its purpose the
teaching of the theory,
method, profession,
or work of message
(q) 'Sexual or Gem al
Area" means gentlals,
pubic area, buttoc s,
anus, or peritoneum
of any person, or the
.lva or breast of a
,-- Ie
c; S peci led Sex al
Acnvity are de ined
as:
(1) Human genitalia in
a state 0 sexual
stimulation or
arousal;
(2) Acts of human
masturbation, sexual
i ercou se or
arousal, '
church, convent,
monastery, syna­
gogue or similar
place 0 worship
Measurement of the
500 foot radius shall
be made from the
ou er most bounda­
ries 0 he lot or parcel
upon whlGh the pro­
posed adult use will
be situated
(3) Condllng or other
ere IC 0 ching 0 hu­
n r ,:)enltalla, ouorc
e�loll b rtock, anus,
r (emale breast MISCELLANEOUS
(S) Spec: led Ana. REQUIREMENTS
tormcal Areas' is de­
fined as
(1) less than com­
pletely and opequely
covered.
(i) Human genitalia
and pubic region;
�ii} Buttock, anus, or
perineum of any per­
son and
(ill) Female breast be·
low a point Immedi­
ately above the to of
the area
(2) Human male geni­
tals in a discernible
turgid state, even if
cornptetetv and
opaquely covered.
(t) H"student' means
any person who, un­
der thequidence of an
instructor in a Mas­
sage School, is being
trained or instructed
In the theory, method
or practice of mas­
sage
(u) "Sexual Inter­
course" includes
genital coitus, fellatio,
cunniligus, anal lnter­
course, or any other
Intrusion, however
slight, or any part of a
person's body, or of
any object Into the
genital or anal open­
Ings of anothe rs
body
(u) "Sodomy' means
sexual bestiality.
(v) "Bu ock" includes
the anus and per­
ineurn of any person
(w) " uoe Modeling
Studio" means any
building, structure,
premises or a part
thereof, used pnrnar­
ily as a place which
offers as its principal
activity the providing
of models to display
specified anatomical
areas as defined
herein for artists and
photographers for a
fee
(x) " Tat too Par lor"
mans a business
iav ng as Its pnnctpal
a ,tl I �,. ar puca
10 I '-1 pIClCIr,� ov an
m thou, (J�, ""�fl� IE::
(a) No person shall reo
Side in or permit any
person to reside in the
premises of an adult
business
(b) The provisions of
thrs article regarding
massage parlors shall
not apply-to hospitals,
sanitariums, nursing
homes, medical clin­
ics, or the offices of a
physician, surgeon,
Chiropractor, osteo­
path, psychologist,
clinical SOCial workers
and family counsel­
ors, who are licensed
to practice their re­
spective professions
in the State of Michi­
gan, clergyman, certi­
fied members of the
International
Myomassethics Fed­
eration.
(c) The adult business
district shall be sub­
[ect to the same re­
quirements of Article
Schedule of Regula­
tions as apply to the
C-2 zoning district.
REPEALER
All ordinances or
parts of ordinances In
conflict herein are
hereby repealed only
to the extent neces­
sary to give this ordi­
nance full force and
effect
SERVERABILIlY
Should any section,
subdivision, clause,
or phrase of this ordi­
nance be declared by
the Courts to be tnva­
lid, the same shall not
affect the validity of
the ordinance as a I
whole, or any part
thereo , other than the
part so Invalidated
SAVINGS
All proceedings pend­
Ing and all rights and
liabilities exitinq, ac
qUI red or Incurred at
the time this ordi­
nance ta es effect are
saved and may be
co summated ac­
corcm 0 the law In
nth y were
c d
eac person em­
ployed 0 engaged by
him In sa d buslne
as a massaglst shall
have a valid mas­
sagist permit pursu­
ant to ttus ordinanc
(d)Exis ing adul busi­
nesses shall submit
appuca Ions for li­
censes Wit In sixty
(60) days 0 enact·
ment of this
or ordinance
EXEMPTIO S
Trus ordinance shall
o appl 0 he 01·
lOWing Individuals
while engaged in the
perso al per orrn­
ance 0 I e duties 0
heir respective pro-
(b) urses who are
registered under he
laws of the State of
Michigan
(c) Barbers and cos­
metologists who are
ully licensed under
the laws of the Sta e
of Mlc Igan except
ha rus e emp 10
s all apply solely 0
the massaging 0 t e
neck, face, scalp and
hair of the customer
for cosmetic or beau­
ifying purposes
(d) I n any prosec Ion
for Violation of trus or­
dinance. the forego­
Ing exemptions shall
constitute affirmative
defenses and I shall
be Incumbent upon
the defendant to show
that he/she or the
place involved are not
subject to the provi­
sions of this ordi­
nance Nothing
herein contained shall
be deemed 0 shift he
burden of proof of the
violation to the defen­
dant
APPLICATIO
ADULT
NESSES
Every applicant for a
license to main am,
operate or conduct a
m assag e estab­
lishment shall file an
application under
oath with the city
clerk's office. upon a
form provided by the
City of Highland Park
and pay a nonrefund­
able application In­
vestigation fee Such
fee shall be set by CI Y
council resolution and
shall be renewed an­
nually The applica­
tion shall contain the
tollowmq in ormation
(a) A de inltron of
service to be pro­
vided
FOR
BUSI·
(b) The location, mail­
ing address and all
telephone num bers
where the business IS
o be conducted
(c) The name and
resident address of
each application
(1) If applicant IS a
corporation, names
and residence ad­
dresses 0 each of the
officers and directors,
ot said corporation
and of each stock­
holder owning more
than ten percent
(10%) of the stock of
the corporation, the
address of he adult
busln 5S abo
lishment. ana t p.
Benton Harbor / West Mich.
---
(g) Copy of Identifica­
tion such as drlv r's
IIc nse and social
cunty card
(h) One portrait pho­
tograph of the appli­
cant at least two (2)
Inches and a com­
plete set of appli­
cant's fingerprint
which shelf be taken
by the chief of police
or rus agent (s) If the
applicant is a corpora­
tion. one portrait pho­
tograph at least two
(2) Inches by two (2)
Inches of all offices
and managing agents
of said corporation
and a complete set of
the same officers' and
agents fingerprints
which shall be a en
b the erne of police
or rus agent (s) I the
applicant IS a partner­
s .p one front-face
po ra. oho ograph a
leas wo (2) Inches by
two (2) Inches in size
of each partner, tn­
cluding a limited part­
ner in said
partnership, and a
complete set of each
partner or limited part­
ner's ftngerprints
which shall be taken
b¥ the (frief 0 pol!c:e
IS agents
tt "
(I) BUSiness, occupa-
tion. or employment
of he applicant for the
three (3) years Imme­
diately preceding the
date 0 application.
(j) The massage or
strrular business his­
tory of the applicant;
whether such person,
in previously operat­
ing in this or another
City or State has had
business license re­
voked or suspended,
the reason therefor,
and the business ac­
tivity or occupation
subsequent to such
action of suspension
or revocation.
(k) All crlm inal convic­
tions other than mis­
demeanor traffic
vrolanons, including
the dates of convic­
tions, nature of the
crimes and place con­
vrcted.
(I) The name and ad­
dress of each em­
ployee who is or will
be employed in said
establishment.
(m) Applicants within
subsection m of Sec­
tion must furnish a di­
ploma or certificate of
graduation from a rec­
ognized school or
other institution of
learning wherein the
method, profession
and work of massage
is taught provided,
however, that if the
applicant will not him­
self engage In the
practice of massage
as defined'hereln, he
need not possess
such diploma or cer­
tificate of graduation
from a recognized
school or other instttu­
tron • of learning
wherein the method,
protession and work
of massage IS taught
(n) The name and ad­
dress of any adult
business or other es-
abllshment owned or
operated by any per­
son whose name is
required to be given in
subsection (c)
wherein the business
or profession is car­
ned on
(p) A description Of
any other business to
be operated on he
same premises or on
d�olrllng premises
(s) All information r -
qulred by this section
shall be provided at
the applicants ex­
pense, Upon the com­
pletion of the above
provided form the fur­
nishing of all forego­
ing Information the
City of Highland Park
shall accept the appli­
cation for the neces­
sary investigations,
The holder of an adult
b USI ness esta b­
IIshment license shall
notify he City of High­
land Park of each
change In any of the
data equired to be
furnished by this Sec­
tion within ten (10
days after such
change occurs.
APPLICATION fOR
MASSAGIST'S PER-
MIT
Every applicant for a
p er rru as a mas­
sagist, masseur or
masseuse shall'file an
application under
oath with the City
clerk's office upon a
form provided by the
City of Highland Park
and pay a refundable
application investiga­
tion fee to be set by
city council resolu­
tion. The application
shall contain the fol­
lowing information:
(a) The business ad­
dress and all tele­
phone numbers
where the massage Is
to be practiced.
(b) Name and resi­
dents address, and all
n mes nicknames
and aliases by which
the applicant has
been known, includ­
ing the two previous
addresses immedi­
ately prior to the pre­
sent address of the
applicant.
(e) Written evidence
that the applicant is at
least ei hteen (18)
years of age.
(f) A complete state­
ment of all convictions
of the applicant for
any felony or misde­
meanor or violation of
a local ordinance, ex­
cept misdemeanor
traffic violations.
(g) Fingerprints "'f the
applicant taken by the
police department.
(h) Two (2) tront-tace
portrait photographs
taken within thirty (30)
days of the date of ap­
plication and at least
two (2) inches by two
(2) Inches In size.
(i) The names and ad­
dress of the recog­
nized school
attended, the dates
attended and a copy
of the diploma or cer­
tificate of 'graduation
awarded the appli­
cant. F or persons
presently employed
as a masseur or mas­
seuse in the City of
Highland Park, this
section shall not apply
until Sixty (60) days
after adop Ion In hiS
(2) License and per­
mit history; The li­
cense and permit
hi�:ory of the appli­
cant; whether such
person Is previously
operating In this City
or State, or in another
state under a license
or permit, has had
such license or permit
revoked or sus­
pended; the reasons
therefore, and the de­
meanor of the appli­
cant subsequent to
such action.
(c) The divisions of in­
spection, including
but not limited to, the
building inspector.
electrical inspector,
plumbing inspector,
the police depart­
ment, the fire depart­
ment and the health
Inspector shall In­
spect the premises
proposed to be de­
voted to the adult
busl ness estab­
lishment or similar
business, and shall
make within thirty (30)
days inspection rec­
ommendations to the
city council concern­
ing compliance with
the requirements of
this Article, and all
other applicable city
ordinance and regula­
tions:
The City Clerk shall
Issue a license for an
adult business estab­
lishment or a permit
for a massaglst, mas­
seur or masseuse Is
all requirements for
an adult business es­
tablishment or mas­
sagist permit
described In this ordi­
nance are met, unless
It finds:
(a) The correct permit
or license fee has not
been tendered to the
City and'ln the case of
a check, or bank draft,
honored with pay­
ment upon presenta­
tion.
(b) The operation, as
proposed by the ap­
plicant, if permitted;
would not comply with
all applicable laws, In­
cluding, but not lim­
Ited to, the City's
building, zoning and
health regulations.
(c) The eppltcaot, if an
individuals, or any of
the stockholders
holding more than ten
percent (10%) of the
stock ot the corpora­
tion; or any of the part­
ners, including limited
partners, if the appli­
cant is a partnership;
(d) The applicant has
knowingly made any
false or fraudulent
statement of fact In
the permit application
or In any document
required by the City In
conjunction there­
with.
(e) The applicant has
an adult business
massaglst, or other
similar permit or li­
cense den led, re­
voked, or suspended
by the city of any other
similar' permit or li­
cense denied, re­
voked, or suspended
by the City of any
other State of local
agency within five (5)
years prior to the date
of the application.
{� e aWl '� �f an
IndJridual ,any of
the officers and direc­
tors, If the applicant Is
a corporation; or any
of his partners, includ­
ing lim ited partners, if
the applicant is a part­
nership; and the man­
ager or other person
prlnclpally In charge
of the operation of his
business in not over
the age of eighteen
(18) years.
APPROVAL OR DE­
NIAL OF APPLICA­
TION
The city clerk shall act
to approve or deny an
application for a li­
cense or permit under
this ordinance within
a reasonable period
of time and In no
event shall she act to
approve or deny said
license or permit later
than ninety (90) days
from the date that said
application was ac­
cepted by the city
clerk's office. Every li­
cense or permit Is­
sued pursuant to this
ordinance shall be
valid for one (1) year
and must be renewed
as required by this or­
dinance.
An applicant denied a
license, pursuant to
these provisions, may
appeal to the city
council In writing, stat-
1ng reasons why the
license should be
granted, The City
Council may grant,
deny or suspend a li­
cense or permit after
an appeal hearing,
Such appeal pro­
ceedings shall be as
prescribed by th City
Code of Highland
Park under the Article
entitled Administra­
tive Proceedings •
POSTI NG OF LI­
CENSE
(A) Every adult bUSI­
ness or massaglst
shall post the permit
required by this Ordi­
nance in his/her work
area.
(B) Every individual,
corporation, partner­
ship, or association li­
censed under this
Ordinance shall dls­
play such license in a
prominent place
RECORDS OF EM­
PLOYEES AND PA-
REVOCATION OF
SUSPENSION OF LI­
CENSE
Any IIcen I
a adult bu I
t bll m nt by the
City of Hlghl d P r1<
may b r voked or
upended after no­
tice and a haring, for
good cause, or In any
ca where ny of th
provl on of thl ordi­
nance are violated or
where any employe
of the licensee, In­
cluding a massaglst Is
engaged In any con­
duct which violated
any of the State or lo­
cal laws or ordi­
nances at llcen e'
place of business,
SUch permit may also
be revoked or sus­
pended, after notice
and hearing, upon the
recommendations of
the health Inspector
that such business is
being managed, con­
ducted or maintained
without regard to
proper sanitation and
hygiene.
REVOCATION OF
MASSAGIST PER­
MIT
RE-
(c) The premises shall
not be made available
for accornrnodatlnq
any person as sleep­
ing quarters. No beds,
water mattresses,
cots, or equipment
deslqned for sleeping
shall be permitted on
the premises,
(d) No massages
shall be performed In
a private room, which
Is completely .closeo
off to the view of other
person nor fitted with
�(lapable of be­
Ing ked 0 barred,
Reasonable meas­
ures may be used to
offer privacy to pa­
trons such as parti­
tions, walls, curtains
and the like
(e) All employees, in­
cluding massaglsts
and other employees
attending patrons,
shall be clean and
wear clean uniforms
covering the torso,
Such uniforms shall
be non transparent
and of washable ma­
terial and shall be
kept in a clean condi­
tion. Such clothing
shall over the per­
son's pubic area, per­
ineum, buttocks, natal
cleft and the entire
chest of four (4)
Inches below the col­
larbone, and legs not
expose more than two
(2) inches above the
knees.
(1) All massage estab­
lishments shall be
provided with clean
laundered sheets and
towels in sufficient
quantity and shall be
laundered after each
use thereof and
stored In a sanitary
manner.
(g) No adult business
establishment
granted a license un­
der the provisions of
this Ordinance shall
place, publish, or ad­
vertisement, picture,
or statement which is
known to be false, de­
cep ive or misleading
in order to induce any
person to purchase or
utilize any services
PERSONS UNDER
AGE 18 PROHI B­
ITED ON PREMISES
No person shall per­
mit any person under
the age of eighteen
(18) years to come or
retain on the prern­
ises of any adult bUSI­
ness establishment,
as massaglst, em­
ployee, or patron, un­
less such person IS on
the premises on law­
ful business
ALCOHOLIC BEV­
ERAGES PROHIB­
ITED
No person shall sell,
give, dispense, pro-
(a) Physrcians. sur­
geons, c troprar-tors,
(c) 0 adul business osteopat s, or physl­
as de i ned here I n cal he apis s who are
shall be located pon ullyncenseo to prac­
any public or private' tice their respective
right-of-way other professions In the
than Woodward Ave- State of Michigan
nue. The front 10 line
as defined in this ordi­
nance for all adult
buslnesses shall for
Its full rentage di­
rect Iy a bout he
oodward Avenue
rlght-of-wey All par­
ton access for adult
businesses shall be
directly to and from
Woodward Avenue
(c) Social Security ISSUANCE OF L1-
number, drtvers' 11- CENSE OR PERMIT
cense num ber, if any FOR
and date of birth.
AN ADULT BUSI-
(d) Applicant's NESS ESTAB-
weight, height, color USHMENT
of hair and eyes" and
sex.
(d) During buslne
hours th premls
hall r main open nd
no exits, entr nc or
econdary doorway
hall b locked or ob-
ructed In any way to ( ) Ev ry portion of
prevent th Imm dt- the dult bu In _
ate fre Ingress of tabllshment
egress of persons, '
(e) Minimum ventlla- Including appliance
tlon shall be provided and apparatus, shall
In accordance with be kept clean and
th ate construction operated In a sanitary .
code, condition,
(1) Minimum lighting (b) Price rates for all
shall be provided In services shall be
accordance with the prominently posted In
state construction the eeceptton area In a
code, and In addition location available to
at least one artifiCial all prospective cus­
light of not less than torners,
sixty (60) watts shall
be provided in each
enclosed room or
booth were massage
services are per­
formed.
(g) Adequate bathing,
dressing, locker, and
toilet facilities shall be
provided for patrons,
A minimum of one tub
A massagist, mas- or shower, one dress­
seur or masseuse Ing room and if cloth­
permit issued by the Ing and personal
City of Highland Park property is not kept
may be revoked or with the patron, a
suspended, after no- separate locker "for
tr 'at�cr� 'B?11l�, eaEH �affCjh 6' 'be
where It appears that rved, which shall be
the massagist, mas- capable of being
seur or masseuse has locked, as well as a
been convicted of any minimum of one toilet
offense which would and one wash basin
be cause for denial of shall be provided,
a permit upon an However if male and
original application, female p�trons are to
has made a false be served simultane­
statement on an ap- ously at 'the estab­
pllcatton for a permit, lishment, separate
or has committed an massage rooms and
act in violation of this separate dressing,
Ordinance, bathing and toilet fa-
RENEWAL OF L1- cilities shallbe pro­
CENSE vided for male and
female patrons.
(h) Construction of
rooms used for toilets,
steam baths' and
showers shall be
made waterproof with
approved water­
proofed materials and
shall be installed in
accordance with the
City of Highland Park
building code. Plumb­
ing fixtures shall be In­
stalled in accordance
with the city plumbing
code.
Application to renew a
license to operate an
adult business estab­
lishment or similar
business or a mas­
sagist's permit shall
be flied at least fifteen
(15) days prior to the
date of expiration.
Such renewal shall be
annual and shall be
accornpanled by the
annual fee.
(a) The applicant shall
present the following
information to the city
clerk office.
(1) A sworn affidavit
by the applicant stat­
ing that the matters
contained In the origi­
nal application have
not changes, or if they
have changed, spe­
cifically stating the
changes which have
occurred.
(2) A signed state­
ment from a medical
or osteopathic doctor
stating that the appli­
cant for a masslglst's
license has been ex­
amined within the
prior ninety (90) days
and found to be free
from any contagious
or communicable dis­
ease which Is likely to
be- communicated
during the administra­
tion of a massage,
(b) The application
shall be referred to
the chief of police who
shall investigate the
criminal history of the
applicant and any em­
ployees holding per­
mits as m ass aqrst
since the grant of the
original license
fACILITIES NECES­
SARY
No license to conduct
an adult bUSiness es·
tablishment
(1) Steam rooms and
shower compart­
ments shall have wa­
terproof floors, walls
and ceilings,
(2) Floors of wet and
dry heat rooms shall
be adequately pitcher
to one or more floor
drains properly con­
nected to the sewer
(3) A source of hot
water must be avail­
able within the Imme­
diate vicinity of dry
and wet heat rooms to
facilitate cleaning.
(4) Wet and dry heat
rooms, steam or va­
por rooms, or steam
and vapor cabinets,
shower compart­
ments and toilet
rooms shall be
throughout cleaned
each day the busi­
ness is in operation.
Bathtubs and/or
showers shall be thor­
oughly cleaned after
each use
(i) The premises shall
have adequate equip­
ment for drsmtectrnq
and sterihzrnq nondis­
poable Instruments
and material used in
administering mas­
sages. Such non dis­
posable Instruments
and matenal shall be
disln ected after use
of each pa ron
Con't next pa e