[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:
HEALTH OFFICER
The Health Officer of the Village or his authorized representative.
MASSAGE
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.
MASSAGE ESTABLISHMENT
A place where the primary or secondary function is to offer
massage by a massage therapist.
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(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(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(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]
(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.
[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.