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;
(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.
(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.
(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.
