[Code 1993, § 12.07(1); Ord. No.
5-2007, 6-11-2007]
It is the purpose and intent of the Village that the operation of massage establishments as defined in § 46-132 shall be regulated so as to further the public interest, safety and welfare by providing minimum building, sanitation and health standards for massage establishments.
[Code 1993, § 12.07(2)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Health Officer of the Village or his authorized representative.
The manipulation of the soft tissue of the body for therapeutic
purposes and may include, but is not limited to, effleurage, petrissage,
tapotement, compression, vibration, friction, stroking or kneading,
either by hand or with a mechanical or electrical apparatus, for the
purpose of body massage. This may include the use of oil, salt glows,
hot and cold packs and other recognized forms of massage therapy.
The term does not include diagnosis or any service or procedure for
which a license to practice medicine is required by law.
A place where the primary or secondary function is to offer
massage by a massage therapist.
A person who holds a permit issued under this article to
administer massages.
[Code 1993, § 12.07(3)]
No person shall engage in, conduct or carry on, or permit to
be engaged in, conducted or carried on, in or upon any premises within
the Village, as the owner or operator of a massage establishment,
without having procured a permit as provided in this article, nor
without complying with all statutes, ordinances and regulations applicable
to such establishment and unless such permit is in effect at the time
of such operation.
[Code 1993, § 12.07(6)]
The permits required by this article shall not apply to hospitals, nursing homes and sanitariums (see § 46-142(c)).
[Code 1993, § 12.07(4)]
(a)
The application for a massage establishment permit shall be upon
a form provided by the Clerk-Treasurer and shall set forth the exact
nature of the services to be provided, the proposed place of business
and facilities therefor, and the name and address of each applicant.
If the applicant is a corporation, the names and residence addresses
of each of the officers and directors of the corporation and each
stockholder owning more than 10% of the stock of the corporation shall
be set forth. If the applicant is a partnership, the names and residence
addresses of each of the partners, including limited partners, shall
be set forth. In addition, any applicant for such a permit shall furnish
the following information:
(1)
The two previous addresses, if any, for the three years immediately
prior to the present address of the applicant.
(2)
Written proof that the individual or partnership applicant is
over the age of 18 years.
(3)
The individual or partnership applicant's height, weight, color
of eyes, hair and sex.
(4)
Two portrait photographs, at least two inches by two inches,
taken within six months of the date of the initial application and
every five years thereafter.
(5)
The business, occupation or employment of the applicant for
the three years immediately preceding the date of the application.
(6)
The history of the applicant in the operation of a massage establishment
or similar business or occupation, including, but not limited to,
whether or not such person, in previously operating in this or another
city or state under a permit, has had such permit revoked or suspended
and the reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation.
(7)
All criminal convictions, other than misdemeanor traffic violations,
and the reasons therefor.
(8)
Such other identification and information necessary to discover
the truth of the matters as required in Subsection (a)(1) - (7) of
this section to be set forth in the application.
[Code 1993, § 12.07(5); Ord. No.
5-2007, 6-11-2007]
Applications for massage establishment licenses under this article
shall be referred to the Chief of Police, who shall cause an investigation
to be made and report his findings to the Health Officer. Applicants
shall cooperate with any investigation conducted under this article
and permit access to the proposed place of business and facilities
in conjunction with any investigation.
[Code 1993, § 12.07(7)]
(a)
Issuance. The Village Board shall issue a massage establishment permit
if, upon investigation and the reports filed, it is found that the:
(1)
Operation, as proposed by the applicant, if permitted, would
comply with all applicable laws, including, but not limited to, the
Village's building, plumbing, electrical, zoning and health regulations
and the provisions of this article.
(2)
Applicant has not been convicted in a court of competent jurisdiction
of an offense involving lewd conduct, nor an offense involving the
use of force and violence upon the person of another.
(3)
Applicant has not knowingly, and with the intent to deceive,
made any false, misleading or fraudulent statement of fact in the
permit application or any other document required by the Village in
conjunction therewith.
(4)
Applicant, if a corporation, is licensed to do business and
is in good standing in the state.
(b)
Insurance. No person may carry on the business of operating a massage
establishment at any place within the Village without a premises and
professional liability insurance.
(c)
Notice of denial. If the permit is denied, notification and reasons
for denial shall be set forth in writing and sent to the applicant
by registered or certified mail or hand delivered to the address given
in the application.
[Code 1993, § 12.07(8)]
Upon application for a massage establishment permit, the Village Clerk-Treasurer shall be authorized to issue a temporary massage establishment permit to any applicant who is currently the owner or operator of such an establishment, pending review and investigation of the application submitted pursuant to this article. Such temporary permit shall remain in effect for a period of 30 days or until the issuance of the permit applied for, unless the permit is denied for any of the reasons set forth in § 46-137, in which event, the temporary permit shall be of no further force and effect.
[Code 1993, § 12.07(9)]
(a)
All premises used by massage establishment permittees shall be subject
to periodic inspection by the Village for safety of the structure
and the propriety of plumbing, electrical wiring, ventilation, heating
and sanitation. The massage room shall have a minimum of 40 watts
of lighting for the purpose of observing possible contraindications
of massage. The walls shall be clean and painted with an approved
washable, mold resistant paint in all rooms where water or steam baths
are given. Floors shall be free from any accumulation of dust, dirt
or refuse. All equipment used in the massage operation shall be maintained
in a clean and sanitary condition.
(b)
Towels, sheets and linens of all types and items for the personal
use of operators and patrons shall be clean and freshly laundered.
Towels, clothes and sheets shall not be used for more than one person.
Reuse of such linens is prohibited unless the linens have first been
laundered. Heavy white paper may be substituted for sheets, provided
that such paper is used once for each person and then discarded into
a sanitary receptacle.
(c)
Every massage establishment shall have a minimum of one wash basin.
[Code 1993, § 12.07(10)]
No massage establishment permit shall be transferable, except
with the written approval of the Village Board. An application for
such a transfer shall be in writing and shall be accompanied by a
filing and investigation fee as set by the Village Board, no part
of which shall be refundable. The application for such transfer shall
contain the same information as required in this article for an initial
application for such a permit. In the event of a denial of such transfer
application, notification and reasons for such denial shall be set
forth in writing and shall be sent to the applicant by means of registered
or certified mail or hand delivered.
[Code 1993, § 12.07(12)]
Massage establishments shall commence operations no earlier
than 6:00 a.m. and end no later than 9:00 p.m.
[Code 1993, § 12.07(11); Ord. No.
5-2007, 6-11-2007]
(a)
(Reserved)
(b)
On-site massages. On-site massages shall include home visits and
massage in public buildings. This privilege shall be available only
to massage therapists who qualify for a general massage permit pursuant
to this article. The permit must accompany the massage therapist on
all site visits. When doing on-site massage at hotels, motels and
resorts, massage therapists shall register at the desk or office.
A massage shall not be given unless a client's genitals are fully
covered at all times by linens or towels. Massage therapists shall
be attired in clean clothing.
(c)
Exemptions. This section does not apply to:
(1)
Physicians, surgeons, chiropractors, osteopaths, nurses or physical
therapists licensed or registered to practice their respective professions
under law.
(2)
Barbers and cosmetologists licensed under law, provided that
such massage practiced is limited to the head and scalp.
(3)
Accredited high schools and colleges, and coaches and trainers
therein while acting within the scope of their employment.
(4)
Trainers of any amateur, semiprofessional athlete or athletic
team.
[1]
Editor's Note: Former §§ 46-143 and 46-144,
which pertained to investigation of applicants, fees, and issuance
or denial of permits, were repealed 6-11-2007 by Ord. No. 5-2007.
[Code 1993, § 12.07(15)]
The owner or operator shall display the massage establishment
permit issued by the Village and the permit of each and every massage
therapist employed in the establishment in an open and conspicuous
place on the premises.
[Code 1993, § 12.07(16); Ord. No.
5-2007, 6-11-2007]
Every massage establishment owner or operator shall immediately
report to the Clerk-Treasurer any and all changes of address or ownership
of the massage establishment.
[Code 1993, § 12.07(17)]
In addition to the legal remedies provided for in this article,
the operation of any massage establishment in violation of the terms
of this article shall be deemed a public nuisance and may be enjoined
by the Village.
[Code 1993, § 12.07(18)]
The fee for all licenses and permits provided for by this article shall be as stated in § 46-431.
