[HISTORY: Adopted by the City Council of the City of Crystal
Lake 2-20-2018 by Ord. No. 7437-255J.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Adult businesses — See Ch. 146.
Fines — See Ch. 248.
Tattooing and body piercing — See Ch. 463.
Unified Development Ordinance — See Ch. 650.
[1]
Editor's Note: Section 5 of this ordinance provided that it
shall be enforced from and after 5-1-2018.
For purposes of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
A massage establishment license as provided in this article.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external soft tissues of the body with the hands or with aid of
any mechanical, electrical apparatus or appliances or by the application
of air, liquid, or vapor baths of any kind, with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams,
lotions, ointments, or other similar preparations used in this practice.
Any establishment that provides massage therapy, employs
at least one licensed massage therapist, and does not offer illicit
sexual services under the guise of therapeutic massage. This shall
include any establishment having a fixed place of business where any
person, firm, association, partnership, or corporation engages in,
carries on or permits to be engaged in or carried on any of the activities
mentioned in the definition of "massage," including but not limited
to what are commonly known and referred to as "spas," "suntan spas,"
"parlors," "bathhouses" and "massage parlors." A massage business
shall not include any accredited educational facility that teaches
massage therapy or massage techniques, nor shall it include any licensed
health-care facilities, or establishment of duly licensed doctors.
A massage establishment may employ only persons that have a state
license issued by the Illinois Department of Professional Regulation
pursuant to the Illinois Massage Licensing Act, 225 ILCS 57/1 et seq.,
as it may be amended from time to time, to engage in the practice
of massage. An establishment whose primary business is beauty salon,
barber shop or similar which offers massage limited to the head, neck,
shoulders, hands, feet and legs below the knee, which does not have
the clients disrobe, is not considered a massage establishment.
Any person licensed by the Illinois Department of Financial
and Professional Regulation who, for consideration or gratuity whatsoever,
engages in the practice of massage as defined herein.
An individual who receives a massage under such circumstances
that it is reasonably expected that he or she will pay money or give
any other consideration therefor.
Any individual, partnership, association, joint-stock company,
limited-liability company, corporation or combination of individuals
of any form, kind or character whatsoever.
The genitals, pubic area, anus or perineum of any person;
or the vulva or breasts of any female.
It shall be unlawful for any person to engage in, conduct, carry
on, or permit to be engaged in, conducted, or carried on, in or upon
any premises in the City, the business of operating a massage establishment
without having first obtained a valid and current license therefor
issued by the City pursuant to the terms of this chapter. A separate
license shall be required for each massage establishment location,
regardless of whether multiple establishments are operated by the
same person.
A.
An application for a massage establishment license as required in § 335-2 hereof shall be filed with the Director of Community Development or his/her designated representative. The application shall be made in writing upon a form provided by the Director of Community Development or his/her designated representative and shall be completed in full and signed by the applicant, if an individual, or by a duly authorized agent thereof, if not an individual, verified by oath or affidavit that all of the information in the application is complete, true and correct, and shall include but shall not be limited to the following:
(1)
The name and type of ownership of the business, i.e., whether individual,
partnership, limited-liability company, corporation, or otherwise.
(2)
The name under which the business is to be conducted, including any
trade name(s) or assumed business name(s).
(3)
The location and description of the premises or place of business
which is to be operated under such license as well as all telephone
numbers where the business is to be operated.
(a)
If a leased premises, a copy of the lease shall be provided.
The term of such lease must not end until after the expiration date
of the license for which application is being made.
(b)
The name and address of the owner(s) of the premises, and, if
said premises is held in trust, the names and addresses of all the
owners of the beneficial interest of a trust.
(c)
Whether any other activities or business will be conducted at
the same location and the physical facilities to be used.
(4)
In the case of an individual, the full name, residence address with
zip code, date of birth, gender and a physical description of the
applicant, including height, weight, color of hair and eyes.
(5)
In the case of a partnership, the full name, residence address with
zip code, date of birth, gender and a physical description, including
height, weight, color of hair and eyes, of all partners (whether general
or limited) and any other persons entitled to share in the profits
thereof.
(6)
In the case of a limited-liability company or corporation, the purpose
for which said limited-liability company or corporation is organized,
the full name, residence address with zip code, gender, date of birth
and a physical description, including height, weight, color of hair
and eyes, of all members and managers of the limited-liability company,
the directors and officers of the corporation and/or of all persons
acting as managers or assistant managers or other persons principally
in charge of the operation of the massage establishment situated or
to be situated in the City.
(7)
The date of formation of the partnership or limited-liability company,
if a partnership or limited-liability company, the date of incorporation,
if an Illinois corporation, or the date of becoming qualified under
the Illinois Business Corporation Act, 805 ILCS 5/1.01 et seq., to
transact business in Illinois, if a foreign corporation.
(8)
A copy of the state-issued ID of all licensed massage therapists
engaged in massage at the massage establishment, as well as current
copies of the licenses of all licensed massage therapists.
(9)
A complete list of the full name, residence address with zip code,
date of birth, gender and a physical description of the managers,
assistant managers or other persons principally in charge of the operation
of the massage establishment, including height, weight, color of hair
and eyes of the managers, assistant managers or other persons principally
in charge of the operation of the massage establishment.
(10)
The business, occupation, employment of applicant, if an individual,
for three years preceding the date of application.
(11)
Whether applicant or its duly authorized agent, if not an individual,
ever made an application for a license under this chapter, or a massage
business license or similar license to a state or county, city or
other unit of local government and was denied or not granted such
license, and if so, where and when, and the reasons for the denial
or why such license was not granted.
(12)
Whether a license issued to the applicant or its duly authorized
agent, if not an individual, under this chapter, or a massage business
license or similar license issued by any state or county, city or
other unit of local government, has ever been suspended or revoked
and the reasons for the suspension and/or revocation.
(13)
Whether the applicant or its duly authorized agent, if not an
individual, has ever pled guilty or been found guilty of a violation
of any of the provisions of this chapter or any ordinance of any other
Illinois municipality or unit of government which regulates massage
establishments or the providing of massages, or any Illinois statute
regulating massage establishments or massage therapy.
(14)
A complete statement of all instances in which the applicant
has pled guilty or has been found guilty under the laws of any state
or under the laws of the United States as provided in this section.
If the applicant is a limited-liability company or corporation, the
statement shall include applicant's duly authorized agent and all
of the applicant's members, managers, officers and directors, and
all persons acting as managers or assistant managers or other persons
principally in charge of the operation of the massage establishment.
If the applicant is a partnership, such statement shall include all
general partners and any limited partner. Such listing shall include
the following:
(a)
Any offense involving sexual misconduct with children or other
sex offenses as defined in 720 ILCS 5/1-1 et seq.
(b)
Any felony based upon conduct or involvement in such related
business activity or similar business activity.
(c)
Any felony unrelated to conduct or involvement in such related
business activity or similar business activity, but which felony involved
the use of a deadly weapon, traffic in narcotic drugs or controlled
substances, or violence against another person, including rape or
other sexual misconduct.
(d)
Any misdemeanor or licensing ordinance violation, based upon
conduct or involvement in such related business activity or similar
business activity.
B.
Except in the case of an application for a renewal of a license and
fingerprints are already on file for all persons who are required
to provide a complete set of fingerprints, the applicant shall submit
a complete set of fingerprints with the application. If the applicant
is a corporation, partnership or limited-liability company, fingerprints
must be submitted for all persons acting as managers or assistant
managers or other persons principally in charge of the operation of
the massage establishment. The owners, partners and principal managers
of any other legal entity entitled to do business in the state shall
also be fingerprinted. The City may, in its sole discretion, either
require the applicant to have his/her fingerprints taken and submitted
for processing by the Illinois State Police and direct that the results
be sent directly to the City, c/o the Chief of Police, or the City
may require that all such fingerprinting shall be done by the City
Police Department. If the City does the fingerprinting, then the fingerprints
shall be submitted to the appropriate state and/or federal agencies
for processing as available. The cost of fingerprinting shall be paid
by the applicant in addition to any application or license fee.
C.
The applicant shall submit a written authorization for the City,
its agents and employees to seek information and conduct an investigation
into the truth of the statements set forth in the application and
the qualifications of the applicant for a license.
D.
The applicant shall submit a copy of identification which shall include
but shall not be limited to a driver's license, if any, and two copies
of a current portrait photograph of the applicant at least two inches
by two inches. The portrait shall include the head and shoulder area
with the face forward pose. A new and current portrait shall be required
with each renewal application. If the applicant is a corporation,
partnership or limited-liability company, the identification and the
portrait must be submitted for each person acting as a manager or
assistant manager or other person principally in charge of the operation
of the massage establishment. The City, in its sole discretion, may
require that any portrait photograph required by these provisions
be taken by the City Police Department.
E.
The applicant shall submit proof of professional and/or general liability
insurance in the minimum amount of $1,000,000 per occurrence.
F.
The applicant shall submit a current copy of any draping protocols,
sexual conduct policies or other similar policies and procedures for
the proposed massage establishment.
G.
The applicant shall submit such other information, documentation,
and identification of the applicant as the Director of Community Development
or his/her designated representative and/or the Chief of Police shall
deem necessary to determine the identity of the applicant or to process
the application.
A.
Upon receipt of a properly completed application, including payment
in full of all fees in connection therewith for a massage establishment
license, the Director of Community Development or his/her designated
representative shall submit the completed application to the Chief
of Police or his/her designated representative for evaluation. Upon
receiving the application for a massage establishment license, the
Chief of Police, or his/her designated representative, shall conduct
an investigation.
B.
The Director of Community Development or his/her designated representative
shall request that the premises be inspected by or on behalf of the
Fire Rescue Department, the Building Commissioner, the appropriate
health inspector and any other applicable department or inspector
to assure that the proposed operation complies with all applicable
laws, including building, electrical, plumbing, health, housing, zoning,
and fire codes of the City and any other regulations of the City relating
to the public health, safety and welfare. The appropriate departments
and/or inspectors shall inspect the premises proposed to be operated
as a massage establishment, make an investigation of the application
and make written recommendations to the Director of Community Development
or his/her designated representative concerning compliance with City
codes and federal or state laws. The Chief of Police or his/her designated
representative shall promptly deliver to the Director of Community
Development or his/her designated representative all of the written
recommendations along with his written recommendation with respect
to whether the application for a license should be approved, denied
or held for further review.
C.
Within 45 days of the date that a fully completed application, including
payment of all fees therefor, is filed, the Director of Community
Development or his/her designated representative shall issue a license
if he or she has received a recommendation of approval from the Chief
of Police and provided that all of the requirements of this chapter
have been satisfied, or the Director of Community Development or his/her
designated representative shall notify the applicant in writing that
the application has been denied or is held for further review. The
period of such additional review shall not exceed an additional 30
days unless otherwise agreed to by the applicant. Upon the conclusion
of such additional review, and after receiving the above described
written recommendations from the Chief of Police or his/her designated
representative, the Director of Community Development or his/her designated
representative shall advise the applicant in writing whether the application
is granted or denied consistent with the recommendation of the Chief
of Police or his/her designated representative. The license shall
be denied if the applicant fails to comply with the requirements of
this article or with the requirements of any other provision of this
City Code which is applicable to the business and/or activities of
the applicant.
D.
Issuance or renewal.
(1)
No massage establishment license shall be issued to or renewed for:
(a)
An applicant where the applicant or its duly authorized agent,
or any of the applicant's members, managers, officers, directors,
limited partners, general partners, or any persons acting as managers
or assistant managers or other persons principally in charge of the
operation of the massage establishment has pled guilty to or has been
found guilty of any one or more of the following offenses:
[1]
Any offense involving sexual misconduct with children or other
sex offenses as defined in 720 ILCS 5/1-1 et seq.
[2]
Any felony based upon conduct or involvement in such related
business activity or similar business activity, within the past 10
years.
[3]
Any felony unrelated to conduct or involvement in such related
business activity or similar business activity, but which felony involved
the use of a deadly weapon, traffic in narcotic drugs or controlled
substances, or violence against another person, including rape or
other sexual misconduct, within the past five years.
[4]
Any misdemeanor or licensing ordinance violation by any state
or other unit of local government based upon conduct or involvement
in such related business activity or similar business activity, within
the past five years of the date of the application, including but
not limited to the denial, suspension or revocation of such a similar
license by any state or other unit of local government within five
years of the date of the application.
(b)
An applicant whose license issued under this chapter has been
revoked for cause or the applicant has been found guilty of any violation
of any provision of this chapter.
(c)
An applicant who at the time of application for renewal of any
license issued hereunder would not be eligible for such license upon
a first application.
(d)
An applicant under the age of 18 years of age.
(e)
An applicant who has failed to submit a complete application
and who has failed to cure the defect(s) within 10 days after written
notice of any such failure to cure, unless additional time is granted
by the City.
(f)
An applicant who has been convicted of any other criminal offense
involving dishonesty, fraud, deceit or moral turpitude within five
years of the date of the application.
(g)
An applicant who has knowingly made or provided false, misleading
or fraudulent statements or information to the City to disclose information
required in the license application.
(2)
In addition to the provisions in Subsection D(1) above, no massage establishment license shall be issued to or renewed for:
(a)
An applicant who is not an owner or a beneficial owner of the
business to be operated by the licensee.
(b)
A partnership, if any general partners thereof, or any limited
partner owning any interest in such partnership has pled guilty to
or has been found guilty of any one or more of the offenses listed
in this chapter.
(c)
A corporation or limited-liability company, if any officer,
manager or director, of such limited liability company or corporation
has pled guilty to or has been found guilty of any one or more of
the offenses listed in this article.
(d)
A corporation unless it is incorporated in Illinois, or unless
it is a foreign corporation which is qualified under the Illinois
Business Corporation Act, 805 ILCS 5/1.01 et seq., to transact business
in the state.
(e)
An applicant if the premises in which the massage establishment
is to be operated shall not be in compliance with all applicable codes
and ordinances of the City, including, but not limited to, zoning,
building, and life safety codes.
The denial by the Director of Community Development or his/her
designated representative to issue a license pursuant to an application
made therefor shall be subject to review by the City Manager or his/her
designated representative, provided that a request for such review
is made in writing by the applicant to the City Manager or his/her
designated representative within 10 days of the issuance of the written
denial of the application. The City Manager or his/her designated
representative shall conduct a hearing to review the application submitted
to the City by the applicant, the report of the Chief of Police or
his/her designated representative and/or any other reports of inspections
made and of any other relevant facts and evidence determined. The
applicant may present any relevant evidence in support of his/her
request that the denial of the application be reviewed and reversed.
The City Manager or his/her designated representative shall determine
whether the denial of the application shall be affirmed or whether
the denial shall be reversed and the application approved. If the
City Manager or his/her designated representative reverses the decision
and approves the application, the license applied for shall be issued.
The decision of the City Manager or his/her designated representative
to affirm the denial of the application shall be final and subject
to judicial review only by a court of competent jurisdiction to the
extent otherwise provided by law.
A.
Any license issued for a massage establishment may be suspended for a period not to exceed 30 days by the Chief of Police or his/her designated representative upon written notice to the license holder, which notice shall state a basis or charge as listed in Subsection B below. The notice shall be served by mailing a copy thereof by regular U.S. Mail, addressed to the licensee at the address of the licensed premises, and shall be deemed served on the date of mailing (the "service date") and/or by delivering a copy of the notice to the manager of the licensed premises or to any other employee on the licensed premises. The massage business shall not operate under a suspended license. The license holder may request in writing a hearing before the City Manager or his/her designated representative within 10 days of the service date. If a written request for a hearing is not made within 10 days of the service date, the Chief of Police or his/her designated representative may revoke any license permanently.
B.
Reasons for suspension or revocation.
(1)
The Chief of Police or his/her designated representative may suspend
or revoke a license if he/she determines that any one or more of the
following have occurred:
(a)
A licensee has violated or is not in compliance with the provisions
of this chapter.
(b)
A licensee has knowingly allowed prostitution, as defined by
the Illinois Criminal Code, or allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation, bestiality, prostitution, or
flagellation to occur in or on the licensed premises. If any employee
has been charged with prostitution or engaged in any of the other
acts as listed above, the licensee is assumed to be knowledgeable
of the activity.
(c)
A licensee has knowingly conducted or allowed to be conducted
massage activities in the City during a period of time when the licensee's
license was suspended.
(d)
There is no licensed massage therapist employed by the licensee
or otherwise engaged or committed to provide massage services on the
licensed premises.
(e)
A licensee or its authorized agent knowingly advertises for
the providing of services within the massage establishment which are
unlawful.
(f)
Any employee of the licensee, including a licensed massage therapist, is engaged in any conduct at licensee's place of business which violates any of the provisions of this chapter, any unlawful acts as stated in § 335-19, or any other ordinances of the City relating to the license, the licensed premises, or any state law.
(g)
Where any applicant has committed any fraud, misrepresentation
or made a false statement on an application for a license under this
chapter.
(h)
In any case where the licensee refuses to permit any duly authorized
police officer or inspector of the City to inspect the premises or
the operations therein.
(i)
The failure or refusal of the licensee to pay any fine, penalty
or charge owed to the City.
(j)
In the event that the licensee would not now qualify for the
issuance of a license or the renewal thereof.
(k)
By the recommendations of the health officer that such business
is being managed, conducted, or maintained without regard for the
public health or health of patrons or without due regard to proper
sanitation or hygiene.
(2)
The licensee shall be deemed to have actual or constructive knowledge
of any violations hereinabove set forth if they occur on the licensed
premises by any person(s) acting as an agent or otherwise receiving
compensation. Such license may also be suspended by the Director of
Community Development or his/her designated representative upon the
recommendations of the health officer that such business is being
managed, conducted, or maintained without regard for the public health
or health of patrons or without due regard to proper sanitation or
hygiene. The licensee shall be permitted to present any relevant evidence
bearing on the alleged violations set forth in the notice.
C.
Any decision of the Chief of Police or his/her designated representative
to suspend or revoke a license may be appealed to the City Manager
or his/her designated representative by the licensee by a request
in writing therefor made to the City Manager or his/her designated
representative within 10 days of the issuance by the City Manager
of any order of suspension. The City Manager or his/her designated
representative shall review the record of the hearing held before
the City Manager or his/her designated representative if any was held
or, if no hearing was held, the basis for such order of suspension,
and based upon such review shall make a decision to either affirm
or reverse the decision of the Chief of Police or his/her designated
representative to suspend the license. If the City Manager or his/her
designated representative decides to affirm the decision to suspend
the license, he or she may also modify the term of the suspension,
provided that in no event shall the suspension exceed 30 days. Any
suspension ordered by the provisions hereof shall be stayed until
all administrative appeals made to officials of the City as provided
herein (and not including any appeal of a decision of a City official
made to any court of competent jurisdiction) have been concluded.
The decision of the City Manager or his/her designated representative
to affirm or reverse a suspension shall be final and subject to judicial
review only by a court of competent jurisdiction to the extent otherwise
provided by law.
D.
Any order to suspend or revoke a license shall be stayed until all
administrative appeals made to officials of the City as provided herein
(and not including any appeal of a decision of a City official made
to any court of competent jurisdiction) have been concluded. The decision
of the City Manager or his/her designated representative shall be
final and subject to judicial review only by a court of competent
jurisdiction to the extent otherwise provided by law.
E.
Any licensee whose license has been revoked is barred from applying
for a new license.
F.
Any suspension or revocation of the license, if ordered, shall not
preclude prosecution and imposition of any other penalties provided
for the violation of other applicable provisions of this article or
other ordinances of the City.
G.
Any suspension or revocation of the license, if ordered, shall not
be deemed to limit or otherwise restrict the operation of other activities
of the business being conducted within the licensed premises which
are unrelated to massage.
No license to conduct a massage establishment shall be issued
unless an inspection by the City reveals that the establishment complies
with each of the following minimum requirements:
A.
Rooms used for toilets, tubs, steam baths and showers shall be made
waterproof with approved waterproofed materials and shall be installed
in accordance with the Illinois Plumbing Code and the City Building
Code. Plumbing fixtures shall be installed in accordance with the
Illinois Plumbing Code and City Plumbing Code. A utility sink or mop
basin with a source of hot water must be available within the immediate
vicinity of dry and wet heat rooms to facilitate cleaning.
B.
Restrooms, including toilet facilities, shall be provided which meet
all of the current Plumbing Code requirements.
C.
If dressing or locker facilities shall be provided for the patrons
to be served at any given time. In the event male and female patrons
are to be served simultaneously, segregated dressing, locker and massage
room facilities shall be provided.
D.
All equipment shall be installed in accordance with the requirements
of the current City codes.
E.
The massage establishment premises shall be in compliance with all
applicable codes and ordinances of the City, including, but not limited
to, zoning, building and life safety codes.
A.
Every portion of the massage establishment, including appliances
and apparatus, shall be kept clean and operated in a sanitary condition.
B.
No residential furniture shall be used in the space, which includes
dressers, beds, sofas, etc., for habitation purposes.
C.
Price rates for all massage services shall be prominently posted
and/or pricing sheets shall be available for review to all prospective
patrons, at the front desk and/or in the massage treatment areas.
A placard must also be posted and visible in the massage treatment
area or in a location available to all prospective patrons advising:
"No massage services other than those posted or listed on a pricing
sheet available for customer review shall be provided for any compensation
whatsoever. There shall be no bargaining or solicitation for massage
services between patrons, massage therapists, and/or employees."
D.
All employees, including licensed massage therapists, shall be clean
and shall be fully covered by wearing clean, nontransparent outer
garments, completely covering the sexual and genital areas.
E.
All massage establishments shall be provided with clean, laundered
sheets and towels in sufficient quantity, which shall be laundered
after each use thereof and stored in a sanitary manner.
F.
No massage establishment granted a license under the provisions of
this chapter shall place, publish or distribute or cause to be placed,
published, distributed any advertisement, picture, or statement which
is known or through the exercise of reasonable care should be known
to be false, deceptive or misleading in order to induce any person
to purchase or utilize any massage services.
G.
Eating in the massage work areas shall not be permitted. Animals,
except Seeing-Eye dogs, shall not be permitted in the massage work
areas.
H.
The sexual or genital areas of patrons shall be completely covered
at all times when in the presence of an employee of the massage establishment
or any licensed massage therapist.
I.
No licensed massage therapist or massage establishment employee or
agent shall administer a massage to any part of a patron's body which
exhibits a skin fungus, skin infection, skin inflammation or skin
eruption, unless a physician duly licensed in the state has certified,
in writing, that such patron may safely be massaged on that area and
prescribing the conditions thereof.
J.
Each licensed massage therapist shall wash his or her hands in hot
running water with proper disinfectant before administering a massage
to each patron.
K.
No massage establishment licensee under the provisions of this chapter
shall knowingly permit any person to remain in or upon the licensed
premises who commits any act of public indecency or obscenity as provided
in this Code or as provided in the Illinois Criminal Code.
L.
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.
M.
Each massage establishment shall operate in compliance with all applicable
local, state and federal laws and regulations, including but not limited
to any such laws and regulations relating to discrimination based
on race, color, religion, national origin, gender, disability or age.
At all times during the operation of a massage establishment,
while massage activities are taking place, there shall be present
a manager, assistant manager or other persons principally in charge
of the operations of the licensee, and a licensed massage therapist,
each of whom shall not be less than 18 years of age. A licensed massage
therapist may also serve as a manager, assistant manager or person
principally in charge.
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, and no massage establishment
shall be located on any premises for which a license to sell alcoholic
liquor has been issued.
No massage establishment shall be open for business or in operation
between the hours of 9:00 p.m. and 7:00 a.m., except to complete massage
services scheduled and initiated prior to 8:30 p.m.
No person shall employ as a massage therapist any person unless
said person is a properly licensed massage therapist pursuant to Illinois
law and the Massage Licensing Act, 225 ILCS 57/1 et seq.
The massage business license and the massage therapy license
of each and every licensed massage therapist employed in the massage
establishment shall be displayed in an open and conspicuous place
in the massage establishment or available upon request.
Whenever inspections of the premises used for or in connection
with the operation of a licensed massage establishment are provided
for or required by this chapter, or any ordinance of the City or are
reasonably necessary to assure compliance with the provisions of any
ordinance or regulation of the City, or to detect violations thereof,
it shall be the duty of the licensee or the person in charge of the
premises to admit thereto for the purpose of making the inspection
any officer or employee of the City who is duly authorized to make
such inspection at any reasonable time that such admission or entry
is requested. Each such inspection shall be made at reasonable times
and in a reasonable manner. It shall be unlawful for any licensee
to fail to allow such inspection officer(s) access to the premises
or to hinder such officer(s) in any manner.
No person granted a license hereunder shall operate the massage
establishment under a name not specified in the license, nor shall
the business be conducted under any different designation or at any
location not specified in the massage establishment license.
A.
Any license issued pursuant to this chapter shall be applicable only
to the specific licensee and location designated, and may not be sold,
transferred, or otherwise assigned. Notwithstanding the foregoing,
if the licensee remains the same and a request is made to designate
and substitute a different location, the Director of Community Development
or his/her designated representative may approve such new location
upon submission of proof that such location is in compliance with
all of the provisions of this chapter and receives zoning approval.
A fee of $15 shall be required for processing a request to change
the location of the massage establishment.
B.
A transfer in the ownership or control of a massage establishment
shall constitute a change in the licensee and the existing license
shall be deemed surrendered and extinguished. A new application for
license shall be filed and processed as provided in this chapter prior
to such transfer taking effect. Any transfer in the ownership or control
of a massage establishment in violation of this chapter shall constitute
the operation of an unlicensed massage establishment.
C.
Notice shall be provided prior to any change of the designated manager
conducting business for the massage establishment licensee. The new
manager must be qualified to operate the massage establishment as
provided in this chapter. The licensee shall, not less than 10 business
days before such change is to take effect, give the Director of Community
Development or his/her designated representative notice of such change.
The notice shall include any information concerning the new manager
which is required in this article.
The provisions of this chapter shall not apply and no license
shall be required for any units of government, hospitals, nursing
homes, and sanitariums or for any individual while engaged in the
personal performance of their respective professions, provided such
individual is holding an unrevoked certificate to practice the healing
arts under the laws of the state, including but not limited to physicians,
surgeons, chiropractors, osteopaths, physical therapists, nurses,
paramedics, state-registered athletic licensees who administer athletic-related
massages in the normal course of training duties or to those working
under the direction of any such individuals in any such units of government,
hospitals, nursing homes and sanitariums.
[Amended 5-4-2021 by Ord.
No. 7707]
A.
The fee for the original application for a massage establishment
shall be $50. There shall be no fee for each renewal application.
This amount shall be nonrefundable. All fees shall be paid at the
time each application is submitted to the City. No application shall
be processed without the payment in full of the applicable fees, even
if the application is made for a period of less than a full year.
B.
Commencing with May 1, 2018, each license year shall commence on
May 1 of each year and shall expire on April 30 of the following year
unless an application is submitted after May 1 for any year (but before
April 30 in the following year), in which case the license shall commence
when issued but shall expire on the 30th day of April following the
date of issuance.
C.
An application for the renewal of a license shall be submitted not
later than 45 days prior to the expiration of the license.
A.
It shall be unlawful for any individual, in a massage establishment,
to knowingly place his or her hand or hands upon, to touch with any
part of his or her body, to fondle in any manner, or to massage a
sexual or genital area or part of any other person.
B.
It shall be unlawful for any individual, in a massage establishment,
to knowingly allow a patron of the massage establishment to place
his or her hand or hands upon, to touch with any part of his or her
body, to fondle in any manner, or to massage a sexual or genital area
or part of any licensed massage therapist or any other employee of
the massage establishment.
C.
It shall be unlawful for any individual, in a massage establishment,
to expose his or her sexual or genital area or part, or any portion
thereof, to any other individual.
D.
It shall be unlawful for any individual, while in the presence of
any other individual in a massage establishment, to fail to conceal,
with a fully opaque covering, the sexual or genital area or part of
his or her body.
E.
It shall be unlawful for any agent, employee or representative of
a massage establishment, while in the presence of a patron in the
massage establishment, to wear clothing that is not modest, professional
and appropriate for street wear.
F.
It shall be unlawful for any individual owning, operating, or managing a massage establishment to knowingly cause, allow or permit in or about such massage establishment any agent, employee, or any other individual under his control or supervision to perform any such acts deemed to be unlawful by the provisions in Subsections A, B, C, D and E of this section.
G.
It shall be unlawful for any person who holds a license to operate
a massage establishment within the City to fail to comply with any
of the conditions and regulations set forth in this chapter.
Any location used as a massage establishment in violation of
this chapter is hereby declared to be a nuisance.
Every person, except those persons who are specifically exempted
by this chapter, whether acting as an individual owner, employee of
the owner, operator or employee of the operator, or whether acting
as a mere agent or independent contractor for the owner, employee
or operator, or acting as a participant or worker in any way directly
or indirectly who gives massages or operates a massage establishment
or provides any of the services defined in this chapter without first
obtaining a license and paying a fee to do so from the City or who
violates any provision of this chapter shall, upon a finding of guilty,
be punished by a fine of not less than $250 and shall not exceed $750.
A separate offense shall be deemed committed on each day during or
upon which a violation occurs or continues.
The owner of any massage establishment which was in operation
within the City prior to the effective date of the ordinance from
which this chapter derives shall submit a completed application for
a license to the Director of Community Development or his/her designated
representative, as required by this chapter, within 60 days of the
effective date of this chapter. In the event that such license is
granted, such massage establishment may only be operated, following
the granting of such license, in full compliance with the provisions
of this chapter. In the event that such license is denied, or in the
event that the owner of a massage establishment fails to submit a
completed application within said sixty-day period, the massage establishment
shall cease all operations effective on the earlier of the third day
following the date on which the Director of Community Development
or his/her designated representative mails notification of the denial
of the license, or the 61st day following the effective date of this
chapter in the event that a completed application is not filed (hereinafter,
"the termination date"). In the event that the massage establishment
continues to operate following the termination date, such continued
operation shall be deemed to be in violation of the provisions of
this chapter. Any initial license granted to an existing and operational
massage establishment after the effective date of this chapter shall
be valid until April 30, 2019.
