HOUSE BILL No. 5128 November 10, 1999, Introduced by Rep. Bradstreet 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. 1760. (1) THE DEPARTMENT SHALL NOT ISSUE A LICENSE 3 UNLESS THE APPLICANT APPEARS PERSONALLY BEFORE THE DIRECTOR. THE 4 APPLICANT SHALL AFFIX THE APPLICANT'S ORIGINAL SIGNATURE AND 5 SOCIAL SECURITY NUMBER TO THE APPLICATION IN THE PRESENCE OF THE 6 DIRECTOR AND SHALL CERTIFY OR ACKNOWLEDGE UNDER OATH THAT THE 7 APPLICATION IS THE APPLICANT'S ACT AND DEED AND THAT THE FACTS 8 STATED IN THE APPLICATION ARE TRUE. 9 (2) IF THE APPLICANT IS A CORPORATION, SUBSECTION (1) IS 10 SATISFIED BY THE APPEARANCE, ORIGINAL SIGNATURE, SOCIAL SECURITY 11 NUMBER, AND CERTIFICATION OR ACKNOWLEDGMENT UNDER OATH OF A 05236'99 DAM 2 1 DIRECTOR ON BEHALF OF THE CORPORATION IN THE MANNER DESCRIBED IN 2 SUBSECTION (1). IF THE APPLICANT IS A LIMITED LIABILITY COMPANY, 3 SUBSECTION (1) IS SATISFIED BY THE APPEARANCE, ORIGINAL SIGNA- 4 TURE, SOCIAL SECURITY NUMBER, AND CERTIFICATION OR ACKNOWLEDGMENT 5 UNDER OATH OF A MANAGER OR MEMBER ON BEHALF OF THE LIMITED 6 LIABILITY COMPANY IN THE MANNER DESCRIBED IN SUBSECTION (1). IF 7 THE APPLICANT IS A PARTNERSHIP OR OTHER UNINCORPORATED ASSOCIA- 8 TION, SUBSECTION (1) IS SATISFIED BY THE APPEARANCE, ORIGINAL 9 SIGNATURE, SOCIAL SECURITY NUMBER, AND CERTIFICATION OR ACKNOWL- 10 EDGMENT UNDER OATH OF A GENERAL PARTNER OR MEMBER ON BEHALF OF 11 THE APPLICANT IN THE MANNER DESCRIBED IN SUBSECTION (1). 12 SEC. 1761. (1) THE DEPARTMENT SHALL NOT ISSUE A LICENSE TO 13 ENGAGE IN THE OCCUPATION OF MASSAGIST TO ANY PERSON CONVICTED OF 14 A CRIME OR VIOLATION OF A LOCAL ORDINANCE INVOLVING LEWDNESS, 15 PROSTITUTION, PROMOTING PROSTITUTION, SEXUAL ASSAULT OR ASSAULT 16 WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT, SEXUAL MISCONDUCT, 17 INDECENT EXPOSURE, INCEST, RAPE OR CRIMINAL SEXUAL CONDUCT, OR 18 SODOMY, OR A PERSON REGISTERED AS A SEX OFFENDER, IN THIS STATE 19 OR ANY OTHER STATE OR JURISDICTION WITHIN THE 3 YEARS PRIOR TO 20 THE DATE OF APPLICATION. 21 (2) THE DEPARTMENT SHALL NOT ISSUE A LICENSE FOR THE OPERA- 22 TION OF A MASSAGE ESTABLISHMENT TO ANY OF THE FOLLOWING: 23 (A) A PERSON CONVICTED OF A CRIME OR VIOLATION OF A LOCAL 24 ORDINANCE INVOLVING LEWDNESS, PROSTITUTION, PROMOTING PROSTITU- 25 TION, SEXUAL ASSAULT OR ASSAULT WITH INTENT TO COMMIT CRIMINAL 26 SEXUAL CONDUCT, SEXUAL MISCONDUCT, INDECENT EXPOSURE, INCEST, 27 RAPE OR CRIMINAL SEXUAL CONDUCT, OR SODOMY, OR A PERSON 05236'99 3 1 REGISTERED AS A SEX OFFENDER, IN THIS STATE OR ANY OTHER STATE OR 2 JURISDICTION WITHIN THE 3 YEARS PRIOR TO THE DATE OF 3 APPLICATION. 4 (B) A PERSON WHO HELD A LICENSE FOR THE OPERATION OF A MAS- 5 SAGE ESTABLISHMENT UNDER THIS ARTICLE THAT WAS REVOKED PURSUANT 6 TO SECTION 1762 WITHIN THE 2-YEAR PERIOD PRIOR TO THE DATE OF 7 APPLICATION. 8 (C) A PERSON WHO WAS AN OFFICER, DIRECTOR, OR PRINCIPAL 9 OWNER OF A CORPORATION, A MANAGER OR PRINCIPAL OWNER OF A LIMITED 10 LIABILITY COMPANY, OR A PARTNER OR MEMBER OF A PARTNERSHIP OR 11 OTHER UNINCORPORATED ASSOCIATION, THAT HELD A LICENSE FOR THE 12 OPERATION OF A MASSAGE ESTABLISHMENT THAT WAS REVOKED WITHIN THE 13 2-YEAR PERIOD PRIOR TO THE DATE OF APPLICATION PURSUANT TO SEC- 14 TION 1762 FOR AN OFFENSE OR VIOLATION COMMITTED BY ANYONE WHILE 15 THE PERSON SERVED IN THAT CAPACITY FOR THE CORPORATION, LIMITED 16 LIABILITY COMPANY, PARTNERSHIP, OR UNINCORPORATED ASSOCIATION. 17 (D) A PERSON WHOSE APPLICATION BEARS THE SIGNATURE OF A 18 PERSON DESCRIBED IN SUBDIVISION (A), (B), OR (C). 19 Enacting section 1. This amendatory act does not take 20 effect unless all of the following bills of the 90th Legislature 21 are enacted into law: 22 (a) Senate Bill No. _____ or House Bill No. 5124 (request 23 no. 04171'99 *). 24 (b) Senate Bill No. _____ or House Bill No. 5125 (request 25 no. 04171'99 a *). 26 (c) Senate Bill No. _____ or House Bill No. 5126 (request 27 no. 05234'99). 05236'99 4 1 (d) Senate Bill No. _____ or House Bill No. 5127 (request 2 no. 05235'99). 3 (e) Senate Bill No. _____ or House Bill No. 5129 (request 4 no. 05237'99). 5 (f) Senate Bill No. _____ or House Bill No. 5130 (request 6 no. 05238'99). 7 (g) Senate Bill No. _____ or House Bill No. 5131 (request 8 no. 05239'99). 9 (h) Senate Bill No. _____ or House Bill No. 5132 (request 10 no. 05240'99). 05236'99 Final page. DAM