HOUSE BILL No. 5130


     November 10, 1999, Introduced by Rep. Tabor and referred to the Committee on
Constitutional Law and Ethics.


        A bill to amend 1980 PA 299, entitled

   "Occupational code,"

   (MCL 339.101 to 339.2721) by adding article 17A.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                               ARTICLE 17A

 2         SEC. 1764.  (1) A MASSAGE ESTABLISHMENT SHALL NOT DO ANY OF

 3    THE FOLLOWING:

 4         (A) PERMIT A MASSAGIST IN ITS EMPLOY TO TREAT A PATRON WHILE

 5    THE PUBIC AREA, BUTTOCKS, OR FEMALE BREASTS OF EITHER THE MASSA-

 6    GIST OR PATRON ARE NOT FULLY COVERED.

 7         (B) PERMIT A MASSAGIST IN ITS EMPLOY TO TREAT THE GENITALS

 8    OF A PATRON.

 9         (C) BE LOCATED ON THE PREMISES OR HAVE AN ADJOINING DOOR TO

10    AN ESTABLISHMENT THAT SELLS ALCOHOLIC BEVERAGES.




   05238'99                                                 DAM
                                              2

 1         (2) A MASSAGIST SHALL NOT DO EITHER OF THE FOLLOWING:

 2         (A) TREAT A PATRON WHILE THE PUBIC AREA, BUTTOCKS, OR FEMALE

 3    BREASTS OF EITHER THE MASSAGIST OR PATRON ARE NOT FULLY COVERED.

 4         (B) TREAT THE GENITALS OF A PATRON.

 5         (3) IN ADDITION TO ANY PENALTIES ASSESSED UNDER ARTICLE 6, A

 6    VIOLATION OF THIS SECTION BY A MASSAGE ESTABLISHMENT OR A MASSA-

 7    GIST IS A MISDEMEANOR PUNISHABLE BY A FINE OF $1,000.00 OR

 8    IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BOTH.

 9         SEC. 1765.  (1) A MASSAGE ESTABLISHMENT SHALL MAINTAIN ON

10    THE PREMISES AND KEEP CURRENT A RECORD OF ALL MASSAGISTS IN ITS

11    EMPLOY AND A RECORD OF ALL MASSAGISTS WHO HAVE BEEN EMPLOYED

12    AFTER THE EFFECTIVE DATE OF THIS ARTICLE.

13         (2) AN ADULT ENTERTAINMENT ESTABLISHMENT SHALL MAINTAIN ON

14    THE PREMISES A RECORD THAT STATES THE NAME AND ADDRESS OF EVERY

15    PERSON, DISTRIBUTOR, WHOLESALER, OR PUBLISHER FROM WHICH THE

16    ADULT ENTERTAINMENT ESTABLISHMENT HAS RECEIVED ANY SEXUALLY ORI-

17    ENTED MATERIAL FOR PURPOSES OF SALE, EXHIBITION, OR DISSEMINATION

18    ON THE PREMISES AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND THE

19    DATE THE MATERIAL WAS RECEIVED.

20         (3) A RECORD THAT MUST BE MAINTAINED UNDER THIS SECTION IS

21    SUBJECT TO INSPECTION ON DEMAND BY ANY PEACE OFFICER OR BY THE

22    DIRECTOR OR DEPARTMENT.

23         (4) IN ADDITION TO ANY PENALTIES ASSESSED UNDER ARTICLE 6, A

24    VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY A FINE

25    OF NOT MORE THAN $200.00 OR IMPRISONMENT FOR NOT MORE THAN 6

26    MONTHS, OR BOTH.





   05238'99
                                   3

 1         Enacting section 1.  This amendatory act does not take

 2    effect unless all of the following bills of the 90th Legislature

 3    are enacted into law:

 4         (a) Senate Bill No. ____ or House Bill No. 5124 (request

 5    no. 04171'99 *).

 6         (b) Senate Bill No. ____ or House Bill No. 5125 (request

 7    no. 04171'99 a *).

 8         (c) Senate Bill No. ____ or House Bill No. 5126 (request

 9    no. 05234'99).

10         (d) Senate Bill No. ____ or House Bill No. 5127 (request

11    no. 05235'99).

12         (e) Senate Bill No. ____ or House Bill No. 5128 (request

13    no. 05236'99).

14         (f) Senate Bill No. ____ or House Bill No. 5129 (request

15    no. 05237'99).

16         (g) Senate Bill No. ____ or House Bill No. 5131 (request

17    no. 05239'99).

18         (h) Senate Bill No. ____ or House Bill No. 5132 (request

19    no. 05240'99).



















   05238'99          Final page.                            DAM