City of Columbia, IL
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Columbia as Ch. 5.24 of the 1997 Code. Amendments noted where applicable.[1]]
[1]
Editor's Note: This chapter was amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I) to change "masseur" and/or "masseuse" to "massage therapist" throughout.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter:
EMPLOYEE
Any person over 18 years of age, including a massage therapist, who renders any service in connection with the operation of a massage establishment and receives compensation from the operator of the business or patrons.
MASSAGE
Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in the practice.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned above, including but not limited to what are commonly known and referred to as spas, suntan spas or parlors, bathhouses and massage parlors.
MASSAGE THERAPIST
Any person who engages in the practice of massage as herein defined.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PATRON
Any person over 18 years of age 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.
PERMITTEE
The operator of a massage establishment.
PERSON
Any individual, copartnership, firm, association, joint stock company, corporation or combination thereof of whatever form or character.
RECOGNIZED SCHOOL
Any school or institution of learning which has, for its purpose, the teaching of the theory, method, profession or work of massage, which school requires a resident course of study of not less than 100 hours before the student shall be furnished with a diploma or certificate of graduation from such school following the successful completion of such course of study or learning.
SEXUAL AREA
The genitalia, pubes or anus of any person and the breasts of any female person.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall engage in or carry on the business of massage unless he has a valid massage establishment permit issued by the City pursuant to the provisions of this chapter for each and every separate massage establishment.
Any person desiring a massage establishment permit shall file a written application with the Police Chief on a form to be furnished by the Police Chief. The applicant shall accompany the application with a tender of the correct permit fee as hereinafter provided and shall, in addition, furnish the following:
A. 
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise;
B. 
The name, style and designation under which the business or practice is to be conducted;
C. 
The business address and all telephone numbers where the business is to be conducted;
D. 
A complete list of the names and residence addresses of all massage therapists and employees in the business and the name and residence addresses of the manager or other person principally in charge of the operation of the business;
E. 
The following personal information concerning the applicant, if an individual; and concerning each stockholder holding more than 10% of the stock of the corporation, each officer and each director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the operation of the business:
(1) 
Name, complete residence address and residence telephone numbers;
(2) 
The two previous addresses immediately prior to the present address of the applicant;
(3) 
Written proof of age;
(4) 
Height, weight, color of hair and eyes, and sex;
(5) 
Two front-face portrait photographs taken within 30 days of the date of the application and at least two inches by two inches in size;
(6) 
The massage or similar business history and experience, including, but not limited to, whether or not such person in previously operating in this or another city or state under license or permit has had such license or permit denied, revoked, or suspended and the reason(s) therefor, and the business activities or occupations subsequent to such action of denial, suspension or revocation;
(7) 
All criminal or City ordinance violation convictions, bond forfeitures or nolo contendere pleas, other than for misdemeanor traffic violations, fully disclosing the jurisdiction in which charged and the offense for which convicted or placed on court supervision or similar disposition, and the circumstances thereof;
(8) 
A complete set of fingerprints taken and to be retained on file by the Chief of Police or his authorized representatives;
(9) 
Diploma, certificate or other written proof of graduation from a recognized school by the person who shall be directly responsible for the operation and management of the massage establishment and for each massage therapist who will administer massage in each massage establishment for which a permit is requested;
F. 
If the applicant is a corporation, or if the applicant is a partnership and a partner of the partnership is a corporation, provide the name of the corporation as set forth in its certificate of incorporation and provide copies of the corporation's Articles of Incorporation, certificate of incorporation, certificate of authority to do business in the State of Illinois if the corporation is a foreign corporation, and certificate of good standing from the Illinois Secretary of State;
G. 
Such other information, identification, and physical examination of the person as shall be deemed necessary by the Chief of Police to discover the truth of the matters hereinbefore required to be set forth in the application;
H. 
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 the permit;
I. 
The names and addresses of three adults who will serve as character references. These references must be persons other than relatives and business associates.[1]
[1]
Editor's Note: Original Sec. 5.24.040 of the 1997 Code, Application for masseur's permit, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 8-16-2004 by Ord. No. 2288]
A. 
Upon receiving the application for a massage establishment permit, the Chief of Police shall conduct an investigation into the applicant's moral character and personal and criminal history. The investigation shall include a Federal Bureau of Investigation (FBI) criminal history background investigation. If the applicant is a corporation or limited-liability company, an FBI criminal history investigation shall be required for each manager, officer, director and shareholder owning in the aggregate more than 5% of the stock of the company or corporation. If the applicant is a copartnership, an FBI criminal history investigation shall be required for each general partner or limited partner owning in the aggregate more than a 5% interest in the partnership. The applicant shall remit payment of the fee required by the City for the FBI investigation and investigative report, which fee shall be established in Chapter 165, Article II, of the City's Municipal Code (same being the ordinance of the City which annually sets license and other fees and charges of the City), as from time to time in effect. The applicant (and each other person for whom a background investigation is required) shall sign the required forms for the FBI investigation(s), and be fingerprinted on the required FBI fingerprint card at the time the applicant applies for the permit. No action will be taken on the application until the Police Chief has received the FBI report(s) with regard to the criminal history investigation(s) pertaining to the applicant and any other person for whom a background investigation is required. The application shall be denied in the event the FBI investigative report indicates the criminal history of the applicant or any other person for whom a background investigation is required disqualifies the applicant from receiving the license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In the case of applications for massage establishment permits, the Chief of Police may cause to be conducted an inspection and investigation of the proposed massage establishment premises, by the City's Building Official, Electrical Inspector, Plumbing Inspector and Health Officer, for the purposes of assuring that such premises comply with all the sanitation requirements as set forth in the Code and ordinances of the City which regulate public health, safety and welfare. No massage establishment shall be issued a permit, nor be operated, established or maintained in the City, unless an inspection by the City Building Official (and, if required by the Chief of Police or Building Official, then by the Electrical Inspector, Plumbing Inspector and Health Officer) reveals that the establishment complies with each of the following minimum requirements:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the Building Code of the City of Columbia.
(2) 
All therapeutic massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected.
(3) 
Adequate bathing, dressing and 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, separate bathing, dressing, locker and therapeutic massage room facilities shall be provided for male and female patrons.
(4) 
The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering therapeutic massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.
(5) 
Closed cabinets shall be provided and used for the storage of clean linens, towels and other materials used in connection with administering therapeutic massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinet shall be kept separate from the clean storage areas.
(6) 
Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein. Single-occupancy toilet facilities in places of public accommodation shall comply with 410 ILCS 35/25.
(7) 
Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.
(8) 
The premises shall be equipped with a service sink for custodial services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Chief of Police shall issue a massage establishment permit within 45 days of receipt of the application, unless he finds that one or more of the following exists:
A. 
The correct permit fee has not been tendered to the City, and in the case of a check or bank draft, honored with payment upon presentation;
B. 
The operation, as proposed by the applicant, if permitted would not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations and this chapter;
C. 
The applicant, if an individual, or any of the stockholders holding more than 10% of the stock of the corporation, any of the officers and directors, if the applicant is a corporation, any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business has been convicted of any crime or placed on court supervision or similar disposition for: 1) an offense involving sexual misconduct; 2) keeping or residing in a house of ill fame; 3) solicitation of a lewd or unlawful act; 4) prostitution or pandering; or 5) any crime involving dishonesty, fraud or deceit; except that the Chief of Police, in his discretion, may issue a permit to any person found guilty of such crimes if he finds that such conviction occurred at least five years prior to the date of the application and that the applicant is sufficiently rehabilitated and has had no subsequent convictions of the same or similar offenses;
D. 
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith;
E. 
The applicant has had a massage establishment or other similar permit or license denied, revoked or suspended for any of the above causes by the City or any other state or local agency within five years prior to the application date;
F. 
The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other persons principally in charge of the business is not over the age of 18 years;
G. 
Each person who performs or administers massages for customers for compensation on business premises in the City has not successfully completed a resident course of study or learning of not less than 100 hours from a recognized school where the theory, method, profession, or work of massage is taught; and[1]
[1]
Editor's Note: Original Subsection H of this section, regarding health certificates for masseurs and masseuses, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
The applicant proposes to perform or has been determined to have been performing massage services for compensation as a home occupation from a dwelling unit in the City. Notwithstanding anything contained in Section 17.46.010 (Home occupations - generally) of Chapter 17.46 (Home Occupations) of Title 17 (Zoning) of the City's Municipal Code, the performing of massage services shall not be an authorized home occupation that may be performed from a dwelling unit in the City.
[Added 3-1-2004 by Ord. No. 2240; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The massage establishment permittee shall display his permit, and that of each and every massage therapist employed in the establishment, in an open and conspicuous place on the premises of the massage establishment.[1]
[1]
Editor's Note: Original Sec. 15.24.080 of the 1997 Code, Identification card, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 1997 by Ord. No. 1604; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Every applicant for a permit to maintain, operate or conduct a massage establishment shall pay a nonrefundable filing fee to the City Clerk in the amount and for the term from time to time to be set by City ordinance, for each massage establishment for which a permit is requested. Each application for a massage establishment permit should be accompanied by a receipt from the City Clerk showing payment of the required fees when the application is filed with the Chief of Police.
B. 
Upon completion of the necessary investigation and inspections by the Chief of Police and Building Official and other necessary City officials whose inspection is required by the Chief of Police or Building Official (such as the Electrical Inspector, Plumbing Inspector and Health Officer), after payment of the required massage establishment permit fee to the City Clerk and presentation of proof of payment thereof to the Chief of Police, the Chief of Police shall issue a permit to maintain, operate or conduct a massage establishment unless he finds:
(1) 
That the operation, as proposed by the applicant, if permitted, would not have complied with all applicable laws, including, but not limited to, the building, health, plumbing, housing, zoning and fire codes of the City and this chapter;
(2) 
That the applicant and any other person who will be directly or indirectly engaged in the management and operation of a massage establishment has been convicted of:
(a) 
An offense involving sexual misconduct;
(b) 
Keeping or residing in a house of ill fame;
(c) 
Solicitation of a lewd or unlawful act;
(d) 
Prostitution or pandering; or
(e) 
Any crime involving dishonesty, fraud or deceit.
C. 
Every massage establishment permit issued pursuant to this chapter will terminate on the 30th day of April next after issuance of the permit. The massage establishment permit will have to be annually renewed thereafter on or before May 1 of each year upon payment of the annual massage establishment permit fee required by the fee ordinance, if the massage establishment permit is issued by the Chief of Police. The fees to be collected for permits that are issued for less than 12 calendar months shall be prorated from the date of issuance to date of termination and a fee assessed for each month or part of a month that will elapse between the date of issuance and date of termination. If the Chief of Police issues the initial massage establishment permit, the filing fee paid shall be applied to the permit fee due.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any massage establishment permit issued under this chapter shall be subject to suspension or revocation by the Chief of Police for violation of any provision of this chapter, or for any grounds that would warrant the denial of issuance of such permit in the first place. The Chief of Police, upon such revocation or suspension, shall state his reason(s) in writing, specifying the particular grounds for such revocation or suspension.
B. 
Any violation of this chapter by any employee of the permittee, including a massage therapist, shall be cause for suspension of the massage establishment permit, for not more than 30 days for the first violation. Any subsequent violation of this chapter by any employee of the permittee, including a massage therapist, shall be cause for longer suspension or revocation of the massage establishment permit, as the Chief of Police shall determine and decide.
C. 
The Chief of Police, before revoking or suspending any permit, shall give the permittee at least 10 days' written notice of the charges against him or her and the opportunity for a public hearing before the Chief of Police, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
D. 
The decision of the Chief of Police with regard to issuance, suspension or revocation of any permit under this chapter shall be reviewable by the City Council, upon the written request of the party filed with the City Clerk within 10 days of such refusal, revocation or suspension. The City Council shall review evidence previously submitted to the Chief of Police, and any additional evidence presented with the written request for review. The decision of a majority of the City Council holding office upon such review shall be a final order of the City regarding the issuance, suspension or revocation of the permit.
Every person who operates a massage establishment or practices or provides a massage shall, at all times, keep an appointment book in which the name of each and every patron shall be entered, together with the time, date and place of service, and the service provided. Such appointment book shall be available at all times for inspection by the Chief of Police or his authorized representative(s).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No massage establishment permit shall be transferable, and such authority as a permit confers shall be conferred only on the permittee named therein. However, upon the death or incapacity of the manager of a massage establishment the massage establishment permit may continue in effect and the business be allowed to continue to operate for 45 days after the death or incapacity to allow for the Chief of Police to determine whether the new manager meets the qualifications of this chapter for operation of the massage establishment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All premises used by permittees hereunder shall be periodically inspected by the City's Health Officer, Chief of Police and/or the Building Official or their authorized representative(s) for the sanitation of the massage establishment, compliance with the provisions of this chapter, and safety of the structure and adequacy of plumbing, ventilation, heating and illumination. The walls shall be clean and painted with 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. Towels, linen and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one patron. Heavy white paper may be substituted for sheets, provided that such paper is changed for every patron. No massage service or practice shall be carried on within any cubicle, room, booth, or any area within a massage establishment which is fitted with a door capable of being locked. Nothing contained herein shall be construed to eliminate other requirements of statutes or ordinances concerning the maintenance of premises, nor to preclude authorized inspection thereof.
[Amended 3-1-2004 by Ord. No. 2240]
A. 
A permittee shall be personally responsible for the operation of their business and shall not violate or permit others under their supervision and control to violate any applicable provisions of this chapter. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee as well. Where the primary business being conducted on the business premises is the rendering of massage services (rather than massage service being an ancillary or collateral business service being provided on the business premises), a permittee shall be responsible to have the premises supervised at all times when opened for business and shall have at least one person who qualifies as a massage therapist on the premises at all times when the establishment is open for business.
B. 
All employees, including massage therapists, shall be clean and wear opaque (not translucent and not transparent) outer garments covering the sexual areas. The use of garments worn by massage therapists is to be restricted to the massage establishment. Any person applying or administering massages shall, while so administering massages, be clad from the shoulders to the knee by a robe, smock or other opaque garment so that the patron or customer shall be protected from bodily contact with the person applying or administering the massage, except for the hands and arms of said person applying or administering the massage.
C. 
The sexual area of patrons must be covered by towels, cloths or undergarments whenever the patron is in the presence of another person, including a massage therapist or employee.
D. 
It is unlawful for any person in a massage establishment to place his or her hand upon, to touch with any part, clad or unclad, of his or her body, to fondle in any manner, or to massage a sexual area of any person.
E. 
No person, including a massage therapist, employee or establishment permittee, shall perform or agree to perform any act which would require the touching of the patron's sexual area. It shall be prohibited for any person to massage any other person, or to give or administer any bath or baths, or to give or administer any of the procedures or services set forth in § 230-1 for immoral purposes, or in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires of such other persons.
F. 
No owner or manager of a massage establishment shall authorize or tolerate in his or her establishment any activity or behavior prohibited by the laws of the State of Illinois, or the ordinances of the City, including such laws proscribing acts of prostitution, sodomy, adultery, fornication, or any lewd or obscene act or performance. Any conviction of the manager or of any employee of a massage establishment of a violation of the aforementioned laws and ordinances shall be grounds for suspension or revocation of the permit of the establishment as herein provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G. 
No massage establishment granted a permit under the provisions of this chapter shall place, publish, or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any services are available other than those prescribed in § 230-1, or that employees or massage therapists are dressed in any manner other than that prescribed in Subsection A of this section, nor shall any massage establishment indicate in the text of such advertising that any services are available which are prohibited by this chapter, or other than those services described in § 230-1.
H. 
Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers or cabinets.
I. 
Eating in the massage work areas shall not be permitted. Animals, except for Seeing Eye dogs, shall not be permitted in the massage work areas.
J. 
No massage therapist shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruptions unless a physician duly licensed by the State of Illinois certifies in writing that such person may be safely massaged and prescribing the conditions thereof.
K. 
Each massage therapist shall wash his or her hands in hot running water, using a proper soap or disinfectant, before administering a massage to each patron.
L. 
All massages and services rendered by the permittee, its agents, employees, and massage therapists shall be done exclusively at the massage establishment for which a business permit has been issued by the City and may not be performed off the premises of the massage establishment.[1]
[1]
Editor's Note: Original Subsection M of this section, which addressed qualifications and contact limitations for masseurs, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.).
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No permittee or manager of a massage establishment shall permit any person under the age of 18 years to come or remain on the premises of any massage establishment, as a massage therapist, employee or patron, or otherwise, unless such person is on the premises on lawful business. Notwithstanding the foregoing provision, in the event more than one business is operated on the same business premises, the massage establishment on the premises must be maintained and operated separate from all other businesses on the premises and shall be separated by permanent walls or other structures which clearly delineate the massage establishment from other businesses on the premises.
No person shall sell, give or dispense, provide or keep or cause to be sold, given, dispensed, provided or kept any alcoholic beverage on the premises of any massage establishment.
Every massage establishment shall, at all times it is open to the public, be held open for inspection by duly authorized representatives of the City concerned with the licensing and supervision of such establishments. The Chief of Police and/or the Health Officer shall from time to time, and at least twice a year, make an inspection of each massage establishment granted a permit under the provisions of this chapter for the purposes of determining that provisions of this chapter are met. No permittee shall fail to allow the Chief of Police or Health Officer access to the premises or hinder such officers in making their inspection in any manner. Any massage establishment licensed by the City shall, at all times, comply with all health regulations, rules and requirements as are now in effect and as shall be promulgated by the Illinois Department of Public Health.
The provisions of this chapter shall not apply to hospitals, nursing homes, sanitariums or persons holding an unrevoked certificate to practice the healing arts under the laws of the State of Illinois, or persons working under the direction of any such person in any such establishment, nor shall this chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the State of Illinois.
Any building used as a massage establishment in violation of this chapter, together with all fixtures and other property used in violation of this chapter, is declared to be a public nuisance which may be abated by injunctive relief by a court of competent jurisdiction.
[Amended 4-20-2015 by Ord. No. 3180]
Any person, firm or corporation violating any of the provisions of this chapter, upon conviction, shall be fined not less than $100 and not more than $750 for each violation. Each day a violation persists shall be deemed a separate violation.