No business license for a massage establishment or massage therapist shall be required for:
(A) 
A hospital, nursing home, or person holding an unrevoked and currently valid certificate to practice the healing arts under the laws of the State of Illinois, or to those working under the direction of any such persons in any such establishments;
(B) 
Any barber or cosmetologist lawfully carrying on their respective businesses to the extent authorized under a valid unrevoked license or certificate of registration issued by the state; provided, however, that this exemption: (1) is only intended to permit normal and customary barber or cosmetologist services which involve incidental physical contact, such as scalp rubs and facials, which would otherwise qualify as a massage; and (2) is not intended, and does not permit, massage activities as part of any barber or cosmetologist business beyond that authorized by their state license or certification;
(C) 
Athletic trainers who are registered with the State of Illinois and who administer athletic-related massage in and as part of the normal course of their training duties; or
(D) 
Massage services performed at the patron's premises, including the patron's place of business or residence; provided, however, that a massage therapist's permit shall be required for the massage therapist performing massage activities at such premises.
An application filed with the Village pursuant to Section 9-1-5 of this Code for a massage establishment or massage therapist shall include, in addition to the requirements set forth in Section 9-1-5 of this Code:
(A) 
The name, home address, and personal telephone number of all persons who own at least 10% of the proposed business;
(B) 
The two previous business addresses immediately prior to the present address of the applicant;
(C) 
A copy of the applicant's state-issued driver's license or other state-issued identification;
(D) 
A statement regarding the employment and business history of the applicant for the three years immediately preceding the date of application;
(E) 
A statement regarding the massage or similar business license history of the applicant, including, without limitation, whether such person has had a business license revoked or suspended, the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
(F) 
A statement of whether the applicant, or any director, officer, partner, manager, or shareholder thereof, has ever been convicted of any crime or of any violation of a municipal ordinance, including the dates of convictions, nature of the crimes or violations, jurisdiction where convicted and the sentence and/or fine imposed, but not including misdemeanor traffic violations;
(G) 
The name and address of each certified massage therapist who is or will be employed in the proposed business, and a copy of diploma or certificate of graduation for each certified massage therapist from an accredited institution;
(H) 
A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant;
(I) 
All fingerprints and photographs required pursuant to Section 9-8-3 of this Code; and
(J) 
For applicants for a business license for a massage therapist:
(1) 
All names, nicknames and aliases by which the applicant has been known;
(2) 
The two previous residential addresses immediately prior to the present address of the applicant;
(3) 
The applicant's weight, height, color of hair and eyes, and gender;
(4) 
A statement of whether the applicant has achieved active membership status within the American Massage Therapy Association or a professional organization with standards comparable to the American Massage Therapy Association, with mandated continuing education requirements and a written code of ethics; and
(5) 
A statement of whether the applicant has been issued all licenses required pursuant to state law for massage therapy.
(A) 
As deemed necessary for the protection of the public health, safety, and order, the Village Chief of Police, or his or her designee, shall, within 10 days after receipt of a complete application filed pursuant to this chapter, take and record the fingerprints and photographs of (1) all officers, managers, directors, and owners of at least 10% of the proposed business of a new applicant for a business license for a massage establishment or massage therapist, (2) all new officers, managers, directors, and owners of at least 10% of the proposed business of existing or renewal applicants, and (3) all licensed massage therapists who apply for a replacement business license.
(B) 
The applicant shall pay to the Chief of Police, or his or her designee, a fee for each set of fingerprints and photographs taken, in the amount set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: See Ch. A25, Fees.
(A) 
In addition to the inspection requirements set forth in Section 9-1-6 of this Code, the Village shall not issue a business license for a massage establishment unless the Village, after physical inspection of the proposed business premises, determines that the premises satisfies all of the standards set forth in Section 9-8-8 of this Code.
(B) 
In addition to the inspections required pursuant to Sections 9-1-6 and 9-8-4(A) of this Code, every massage establishment operated or maintained in the Village shall be held open at all times for inspection by duly authorized representatives of Village departments concerned with the licensing and supervision of such establishments. Such inspections shall be conducted at a reasonable time and in a reasonable manner. The appropriate Village representative shall have general sanitary supervision thereof, and shall cause inspections of such establishments to be made periodically to determine whether the establishment complies with the applicable health and sanitary provisions of this Article 8.
In addition to the criteria set forth in Section 9-1-7(B) of this Code, the Finance Director shall deny an application for a new or renewal business license for a massage establishment or massage therapist that satisfies any of the following conditions:
(A) 
The applicant has been convicted of any the following offenses:
(1) 
Any offense involving sexual misconduct with children or other sex offenses, as defined in Chapter 720 of the Illinois Compiled Statutes;
(2) 
A felony based upon conduct or involvement in such related business activity or similar business activity within the past 10 years;
(3) 
A felony that involved the use of a deadly weapon, traffic in narcotic drugs, or violence against another person, including rape or other sexual misconduct, within the 10 years immediately preceding the date of application;
(4) 
A misdemeanor or licensing ordinance violation from any jurisdiction, based upon conduct related to the business for which the business license was applied; or
(5) 
A crime of moral turpitude.
(B) 
A business license previously issued to the applicant pursuant to this Code has been revoked for cause;
(C) 
The applicant is under the age of 18 years of age; or
(D) 
The applicant for a business license for a massage therapist is not a natural person.
Every certified massage therapist shall display his or her diploma or state-issued certification in a prominent place within his or her licensed premises.
(A) 
Except as provided in Section 9-8-7(B) of this Code, a business licensee for a massage establishment or massage therapist shall provide written notice to the Finance Director of any change to any of the information required pursuant to Section 9-8-2 of this Code within 30 days after the change.
(B) 
Written notice shall be provided to the Village Finance Director not less than 10 days prior to any change of the designated manager conducting business for the massage establishment business licensee. The new manager must be qualified to operate the massage establishment as provided in this Article 8.
All premises used for massage establishments shall comply with the following minimum requirements:
(A) 
Hot and cold running water shall be provided.
(B) 
Adequate private dressing areas shall be provided for clients.
(C) 
Adequate toilet and sink facilities shall be provided and installed in accordance with the Village Plumbing Code set forth in Chapter 14, Article 4 of this Code.
(D) 
All walls, ceilings, floors, steam rooms, and other physical facilities in the massage establishment shall be kept in good repair, and maintained in a clean and sanitary condition.
(E) 
Clean and sanitary towels and linens shall be provided for each client receiving massage services. No common use of towels or linens shall be permitted.
(F) 
No massage establishment shall be located on any premises for which a license to sell alcoholic liquor has been issued.
(G) 
The doors to the individual massage rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side.
(H) 
Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers or cabinets and shall be dispensed in unit doses so that bulk containers are not contaminated between clients.
All massage establishments and massage therapists shall comply with the following regulations:
(A) 
No massage establishment shall open for business before 7:00 a.m. nor remain open for business after 8:00 p.m.
(B) 
Price rates for all services shall be prominently posted or provided in brochures in the reception area in a location available to all prospective customers.
(C) 
No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on the premises of any massage establishment.
(D) 
Eating and/or drinking in the massage work areas shall not be permitted.
(E) 
Animals, except for Seeing eye dogs or other registered assistance dogs, shall not be permitted in the massage work areas.
(F) 
At all times during the hours of operation of a massage establishment there shall be present a manager or other employee of the licensee, and a massage therapist, who shall be not less than 18 years of age.
(G) 
No person shall permit any person under the age of 18 years to come or remain on the premises of any massage establishment as a certified massage therapist, employee, or patron, unless such person is on the premises on lawful business.
(H) 
Certified massage therapists and massage establishment employees and agents must wear clean, nontransparent clothing covering the sexual and genital areas.
(I) 
The sexual or genital areas of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee or certified massage therapist.
(J) 
No massage therapist, massage establishment employee, or agent or licensee, shall knowingly place his or her hand upon or touch with any part of his or her body, or use any instrument or implement, with intent to fondle in any manner, a sexual or genital area of any other person.
(K) 
No massage therapist, massage establishment employee, agent or licensee shall perform, offer or agree to perform any act which shall require the touching of the patron's genital area.
(L) 
No massage therapist, or massage establishment employee or agent or licensee, shall administer a massage to any part of a patron's body which exhibits any skin fungus, skin infection, skin inflammation or skin eruption, unless a physician duly licensed by the state certifies in writing that such person may be safely massaged, prescribing the conditions thereof.
(M) 
Massage may be practiced only for the purposes of physical fitness, relaxation, or medical therapy. The practice of massage for any other purpose is prohibited.
(N) 
Each certified massage therapist shall wash his or her hands in hot running water using a proper soap or disinfectant before administering any massage to any patron.
(O) 
It shall be unlawful to engage in, conduct, operate, carry on or permit to be engaged in or upon any premises in the Village, the business of a massage establishment without having at least one certified massage therapist employed at each licensed location.
(A) 
A certified massage therapist may provide any of the services listed in this Article 8 only at a permanent residence or place of business, except a hotel, motel, or other place of temporary lodging.
(B) 
No outcall massage service may be operated other than by a certified massage therapist with a current, valid Village business license. All massages performed by an outcall massage service must be performed in the manner prescribed in this Article 8.
In addition to the grounds set forth in Section 9-1-16(A) of this Code, the Village Manager may, in his or her discretion and in accordance with the procedures set forth in Section 9-1-16, suspend or revoke any business license for a massage establishment or massage therapist upon the occurrence of any of the following:
(A) 
The business licensee, or any employee thereof, violates any federal, state, or Village laws or regulations at the licensed premises, and the owner or manager of the business licensee has actual or constructive knowledge thereof; or
(B) 
The business licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, bestiality, prostitution or flagellation to occur in or on the licensed premises.
In addition to the penalties set forth in Sections 9-1-15 and 9-1-16 of this Code, any person who violates any provision of this Article 8 may be incarcerated for a period not to exceed six months.