[HISTORY: Adopted by the Village Board of the Village of
Fremont 5-27-1986 by Ord. No. 86-1 as Sec. 12.08 of the 1986 Municipal
Code. Amendments noted where applicable.]
As used in this chapter, the following words or phrases shall
have the meanings indicated:
Any process or procedure upon the external parts of the body
of a patron consisting of rubbing, stroking, kneading or tapping by
any means.
Any place where any person engages in, conducts or carries
on massage, or permits massage to be engaged in, conducted or carried
on.
Any person who gives or administers a massage.
Any person who receives a massage for the payment of money
or other consideration.
The genitals, pubic area, buttocks, anus or perineum of any
person and the vulva and breasts of any female.
A.Â
License required. No person shall carry on the business of operating
a massage establishment within the Village without a valid license
issued pursuant to the provisions of this chapter for each and every
such place of business.
B.Â
Application; fee. Any person desiring to obtain a license to operate
a massage establishment shall apply in writing upon a form prescribed
by and filed with the Clerk-Treasurer. An investigation fee of $50
shall accompany the application to defray the costs of the investigation.
C.Â
License fee. The license fee shall be $50 per year.
D.Â
Investigation. Applications for licenses under this chapter shall
be referred to the Chief of Police, who shall cause an investigation
to be made and shall report his findings to the Village Board.
E.Â
Grant or denial of license. Within 30 days of receipt of an application,
the Village Board shall either grant or deny a massage license. The
Village Board shall grant a massage license if it finds the following:
(1)Â
The required fees have been paid.
(2)Â
The application conforms in all respects to the provisions of this
chapter.
(3)Â
The applicant has not knowingly made a material misstatement in the
application for a license.
(4)Â
The massage establishment, as proposed by the applicant, would comply
with this Code, including, but not limited to, the Village's
building, zoning and health regulations.
(5)Â
The applicant, if an individual, or any of the stockholders of a
corporation or any officers or directors if the applicant is a partnership,
have not been convicted of any crime involving dishonesty, fraud,
deceit or immorality, within five years prior to the date of the application.[1]
(6)Â
The applicant has not had a massage establishment license or a massage
technician permit or other similar license or permit denied or revoked
for cause by this Village or any other municipality located in or
out of this state within five years prior to the date of application.
Every massage establishment shall maintain facilities meeting
the following requirements:
A.Â
It shall be equipped with lockers or other storage facilities to
provide security and convenience for patrons.
B.Â
It shall have a minimum of one shower, one toilet and one wash basin.
C.Â
If male and female patrons are to be served simultaneously, such
massage rooms, dressing facilities, toilet facilities, steam rooms
and sauna rooms as are provided shall be separate for male and female
patrons, and each such separate facility or room shall be clearly
marked as such.
D.Â
Rooms in which massage is to be practiced or administered shall contain
a door incapable of being locked from the exterior or interior which
contains a transparent window pane no less than 12 inches wide and
12 inches long so that an unobstructed view of the room is provided
from a hallway or other common access area which is immediately adjacent
to the room.
E.Â
No stuffed or upholstered furniture or beds and mattresses shall
be permitted in rooms in which massage is to be practiced or administered.
Rooms shall be equipped with massage tables having a hard surface
impervious to liquids with a width of no more than three feet.
Every massage establishment and every massage technician shall
comply with the following operating requirements. These requirements
shall be prominently and publicly displayed in a conspicuous place
upon every premises licensed under the provisions of this chapter.
A.Â
Massage establishments shall commence operations no earlier than
8:00 a.m. and the hours of operation shall extend no later than 10:00
p.m. Massage technicians shall not practice or administer massage
at massage establishments at any time outside of the hours of operation.
B.Â
Massage establishments and massage technicians therein shall prominently
and publicly display, on the premises, their licenses and permits
during all hours of operation.
C.Â
Massage establishments shall at all times be equipped with an adequate
supply of clean sanitary towels, coverings and linens. Clean towels,
coverings and linens shall be stored in cabinets. Towels and linens
shall not be used on more than one patron. Soiled linens and paper
towels shall be deposited in approved receptacles.
D.Â
Massages shall not be given unless patrons are wearing clothing fully
covering their sexual and genital parts. Where such clothing is furnished
patrons by the massage establishment, it shall not be used by more
than one person unless it has first been laundered and disinfected.
Massage technicians shall be fully clothed from the knee to the neck
in clean opaque clothing.
E.Â
Massages shall not be given to patrons who have open sores or other
visual signs of contagion or communicable disease.
F.Â
For purposes of ascertaining violations of this chapter and conducting
routine inspections, police officers and the Health Officer of the
Village shall have the right of entry onto the premises of any massage
establishment during the hours such establishment is open for business.
It shall be unlawful for any massage technician to massage,
or offer to massage, the sexual and genital parts of any patron, for
any operator of a massage establishment to allow or permit such massage
or offer to massage in such massage establishment, or for any patron
to permit such massage upon his body.
The provisions of this chapter shall not apply to the following:
A.Â
Hospitals, nursing homes, sanitariums or other health care facilities
licensed under the state, and physicians, surgeons, chiropractors,
osteopaths or physical therapists licensed or registered to practice
their respective professions under the laws of the state, or nurses
registered under the laws of the state acting under their direction
and control.
B.Â
Barber shops and beauty parlors, and barbers and beauticians licensed
under the laws of the state, provided that such massage, as is practiced,
is limited to head and scalp.
C.Â
Coaches and trainers of accredited high schools and colleges while
acting within the scope of their employment.
D.Â
Trainers of any amateur, semiprofessional or professional athlete
or athletic team.
