[HISTORY: Adopted by the City Council of the City of Columbia
as Ch. 5.24 of the 1997 Code. Amendments noted where applicable.[1]]
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:
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.
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.
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.
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)]
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.
The operator of a massage establishment.
Any individual, copartnership, firm, association, joint stock
company, corporation or combination thereof of whatever form or character.
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.
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;
[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]
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]
[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:
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]
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.
