[Amended by Ord. No. 1975-102; Ord. No. 1975-96; Ord. No. 1994-101; Ord. No. 2018-89; 10-14-2024 by Ord. No. 2024-079; 6-23-2025 by Ord. No. 2025-043]
For the purpose of this Article, the following words shall have the meanings respectively ascribed to them by this section:
ACT
The Illinois Massage License Act (225 ILCS 57/1 et seq.).
ADVERTISE
The issuance of any card, sign, or device to any person; the causing, permitting or allowing of any sign or marking on or in any building, vehicle, or structure; advertising in any newspaper, magazine, television, radio, internet streaming, blog, chat room, website or social media; any listing or advertising in any directory; or commercials broadcast by any means and any similar or equivalent communications of a person, business or establishment.
BODYWORK ESTABLISHMENT
Any commercial, fixed place of business where any person, firm, association, or corporation advertises, offers, engages in, or carries on, or permits to be offered, engaged in, or carried on, bodywork services to patrons in exchange for compensation, excluding home-based bodywork providers licensed under the Act.
BODYWORK or BODYWORK SERVICES
A. 
Any method involving the application of pressure, friction, stroking, kneading, rubbing, tapping, pounding, vibrating, touching, or otherwise stimulating the external parts of the human body by another person, whether performed using hands, other parts of the body, or with the assistance of mechanical or electrical devices or appliances, and whether or not accompanied by the use of substances such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or similar preparations, when performed for compensation.
B. 
For the purposes of this Article, the term "bodywork" is intentionally defined more broadly than the definition of "massage" as set forth in the Act. It is intended to encompass massage, services performed by bodywork practitioners, and other similar services that fall within this definition, regardless of the terminology used to describe the services or the individual providing them, unless specifically excluded under this Article.
BODYWORK PROVIDER
Any person who provides bodywork services, including massage therapists.
CHANGE OF OWNERSHIP
Means:
A. 
A change in the form of ownership, e.g., from an individual or partnership or entity or from a partnership to an individual;
B. 
A change from an individual to a partnership or a change in a partnership, such as the addition or deletion of any partner; or
C. 
In an entity, the transfer of over 5% of the stock thereof, except for those listed on a national stock exchange, in which event the transfer of a controlling interest or over 50% of the stock thereof.
CITY CLERK
The City Clerk of the City of Bloomington or their designee.
CITY MANAGER
The City Manager of the City of Bloomington or their designee.
EMPLOYEE
Any and all persons, other than those providing bodywork or massage services, who render any service to the licensee, who receive compensation directly from the licensee, and who have no physical contact with customers and clients.
ENTITY
An organization that has an identity separate from those of its members, including, but is not limited to, corporations, limited partnerships, limited-liability companies, or limited-liability partnerships.
ESTABLISHMENT
The building, structure, and/or premises included in the site or floor plan approved for the license.
HEALTH OFFICER
The Director of the McLean County Health Department or their designee.
LICENSEE
An entity or person that has obtained a license to operate as a Massage or Bodywork Establishment in the City of Bloomington.
MASSAGE
"Massage" or "massage therapy" means a system of structured palpation or movement of the soft tissue of the body, and as otherwise defined in the Act. The system may include, but is not limited to, techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be applied by a massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. The purpose of the practice of massage, as licensed under this Act, is to enhance the general health and well-being of the mind and body of the recipient. "Massage" does not include the diagnosis of a specific pathology. "Massage" does not include those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy practice as defined in this section.
MASSAGE ESTABLISHMENTS
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 in the definition of "massage" above.
MASSAGE THERAPIST
A person who is licensed by the Illinois Department of Financial and Professional Regulation and administers massage and/or bodywork services for compensation.
OUT-CALL MASSAGE SERVICE
Any business, the function of which is to engage in or carry on massages or bodywork at a location designated by the customer or client rather than at a Massage or Bodywork Establishment.
PERSON
Any individual, partnership, corporation, firm, limited-liability company, or other legal entity.
SEX OFFENDER
Any person convicted, adjudicated, or otherwise found to be a sex offender as that term is defined in the Sex Offender Registration Act, 730 ILCS 150/2. Said term shall include any person found to have committed a sexual offense as described in said statute, regardless of whether that person is required to register as a sex offender in Illinois. Said term shall include convictions, adjudications, or findings of a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law. This term shall not be construed so as to violate provisions of the Juvenile Court Act.
SEXUAL OR GENITAL AREA
Includes the genitals, vulva, public area, breasts, anus, or perineum of any person.
A. 
It shall be unlawful for any person to advertise, engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the City of Bloomington, the operation of a Massage or Bodywork Establishment as herein defined, without first having obtained a license as herein provided.
B. 
The license requirement above does not apply to:
(1) 
Physicians, surgeons, chiropractors, osteopaths, podiatrists, naprapaths, occupational therapists, or physical therapists who are duly licensed to practice their respective professions pursuant to the applicable state statutes, or massage therapists, state-licensed physician assistants, practical nurses, and registered nurses acting under their supervision;
(2) 
Athletic trainers for any athletic program of a private or public school, college, or university, or for any athletic team regularly organized and engaging in competition;
(3) 
Barbers, estheticians and cosmetologists who are duly licensed under the laws of Illinois, except that this exemption shall apply solely to the massaging of the neck, back, face, scalp, hair, hands and feet of the patron for cosmetic or beautifying purposes, and provided that these services are provided to patrons who are fully clothed;
(4) 
Hospitals, sanitariums, nursing homes, assisted living facilities, home health agencies, hospice programs, and other such programs defined and licensed pursuant to the Illinois Hospital Licensing Act (210 ILCS 85/1 et seq.), the Nursing Home Care Act (210 ILCS 45/), or other health facilities regulation (210 ILCS) by the State of Illinois.
(5) 
Bodywork provided by massage therapy students enrolled in a recognized school during the course of clinical externships, practicums, or community services, provided that such bodywork services are part of the curricular requirements of the recognized school, are provided under the direct supervision of a massage therapist physically present while the services are being performed, and for which no compensation is received;
(6) 
Home-based bodywork practices operated by a person who has a State massage license, provided that the individual is in compliance with the City's Development and Zoning Codes pertaining to home occupations; or
(7) 
Bodywork performed at a patron's private residence.
(8) 
A massage therapist who is licensed by the State of Illinois under the Illinois Massage Licensing Act (225 ILCS 57/1 et seq.), operates as a sole proprietor, and provides massage and/or bodywork services in a commercial office or suite shall be exempt from the Massage or Bodywork Establishment license requirement, provided that all of the following conditions are met:
(a) 
The individual submits a sworn and notarized affidavit annually to the City Clerk affirming that:
[1] 
They are a sole proprietor and have no employees, contractors, or other persons working under or with them in the commercial space;
[2] 
They are licensed by the Illinois Department of Financial and Professional Regulation and maintain such license in good standing and provide a copy of same to the City Clerk;
[3] 
The space is not advertised or operated as a multi-practitioner establishment, clinic, or wellness center;
[4] 
They agree to comply with all applicable provisions of § 22-1008 of Chapter 22, Article X, except for § 22-1008A, 22-1008C, 22-1008D, 22-1008E, 22-1008I(3), 22-1008R;
[5] 
They acknowledge that failure to comply with the terms of this exemption, or submission of false or misleading information, may result in revocation of the exemption and may subject them to enforcement, including fines and license requirements;
[6] 
The sole proprietor consents to inspection of the premises by City inspectors on a random basis to be established by the City, conducted during usual business hours.
(b) 
The City Clerk shall have the authority to deny, revoke, or require full licensure for any individual claiming this exemption if there is evidence the individual is not in compliance with the conditions outlined above or if such exemption is being misused to evade licensing requirements. Any such action may be appealed in accordance with § 22-1019.
(c) 
Nothing in this subsection shall prevent the City from conducting inspections or enforcement actions as otherwise provided in this Article.
The burden of proof of any of the above exceptions rests with the person claiming an exemption, and its applicability must be established by clear and convincing evidence.
C. 
Massage and/or Bodywork Services shall be deemed the primary business if 50% or more of the total combined gross revenue generated from the sale of all massage and/or bodywork services and related products on the premises is derived from such services, whether individually or in combination.
D. 
On January 1, 2025, the license cycle for all license types was aligned with the City's fiscal year (May 1 — April 30). The City Clerk maintains the responsibility of determining and managing the processes necessary to facilitate the change, including, but not limited to, establishing billing cycle payment options. First-time licenses issued between January 1, 2025, and April 30, 2026, shall expire on April 30, 2026.
E. 
On May 1, 2026, the standard 12-month licensing cycle will resume running concurrent with the City's fiscal year. Except as hereinafter provided, Massage or Bodywork Establishment licenses shall be operative and valid, unless first terminated, suspended, or revoked, for a term of one year commencing on May 1 and terminating on April 30. Licenses issued after May 1 of any year for operations to commence in that year shall be operative and valid, unless first terminated, suspended, or revoked, for a term commencing on the date of issuance and terminating on April 30.
A. 
The fee to be paid for the license herein required shall be an amount as set forth in the Schedule of Fees per year, payable in advance, and no license shall be issued until such fee has been paid. When a license is created by the City Clerk and is subsequently issued, the license fee shall be prorated on the basis of the remaining days of the calendar year in which the license is issued. Application fees shall not be prorated. The license shall expire on April 30 of each year. In the event of revocation or surrender of a license, no unearned portion of the license fee shall be refunded.
B. 
Each renewal license fee must be received by the City Clerk not later than April 1 unless the first falls on a holiday, in which case license fees may be received by the Clerk on the following business day. If a license fee is received late, the license holder must pay a late fee in the amount of 10% of the invoiced license fee and may be subject to the renewal license being denied.
A. 
The application for a license to operate a massage establishment shall set forth the exact nature of the massage services to be administered, and the proposed place of business and facilities therefor.
B. 
The application for a license shall contain the following information:
(1) 
The applicant's name, current address, telephone number, social security number, and date of birth.
(2) 
The name, address, social security number, and date of birth of all employees, massage therapists, managers, and persons with supervisory authority that have been or are intended to be employed by the applicant or provide massage services.
(3) 
Whether the applicant has had any license denied, revoked or suspended in the City of Bloomington, State of Illinois, or any other state or municipality for a massage establishment, and the reasons therefor.
(4) 
Whether the applicant, or any employee, massage therapist, manager, or person with supervisory authority has had any criminal or municipal ordinance violation convictions, forfeiture of bond, and pleadings of nolo contendere on all charges, except minor traffic violations, within the last five years.
(5) 
Authorization for the Chief of Police or his designee to conduct a background check and take fingerprints on the applicant, and any manager or person with supervisory authority.
(6) 
A copy of the State of Illinois issued massage license for each massage therapist that has been or is intended to be employed by the applicant to provide massage services, or a copy of the certification or other written documentation or proof of exemption for licensing as required by the Massage Licensing Act (225 ILCS 57/25).
(7) 
A drawing or floor plan of the premises designating each room by its purpose or the activity that will take place in each room.
(8) 
If the premises are leased:
(a) 
A copy of the lease, and any subleases, assignments or acceptances in effect at the time of application;
(b) 
The name, address and telephone number of the legal owner of the premises;
(c) 
If the legal owner is not an individual, the name, address and telephone number of a representative or agent authorized to act on behalf of the legal owner; and
(d) 
If the premises is managed or supervised by someone other than the legal owner thereof, the name, address and telephone number of the person, business or entity who manages or supervises the premises.
(9) 
If the applicant is a business:
(a) 
The type of business or entity (i.e., sole proprietorship, corporation, limited-liability company, partnership, etc.);
(b) 
The name of the business or entity, and all assumed names under which the business or entity is conducted;
(c) 
The names, addresses, telephone numbers, and dates of birth of all persons with management and supervisory authority of the business or entity; and
(d) 
The federal employer identification number (FEIN) and the State of Illinois business tax number (IBT) of the business.
(10) 
The information requested in Subsection B(1), (3), (4) and (5) shall also include information for the following persons:
(a) 
If the applicant is a sole proprietorship, the information sought to be provided shall be for the individual.
(b) 
If the applicant is a partnership, the information sought to be provided shall be for each general and limited partner, for each individual who is a general partner of such general or limited partnership, and for each individual who owns more than 5% of such limited partnership.
(c) 
If the applicant is a joint venture, the information sought to be provided shall be for each joint venturer and each individual who owns more than 5% of such joint venture.
(d) 
If the applicant is a corporation, the information sought to be provided shall be for each officer and director, and if the corporation's stock is publicly traded, each shareholder owning more than 5% of the outstanding stock in said corporation.
(e) 
If the applicant is a limited-liability company, the information sought to be provided shall be for each manager and member owning or holding more than a 5% membership interest.
C. 
Renewals. All applications for the renewal of a license shall be made in writing to the City Clerk not later than April 1 of each year. If the information and statements contained in the original application have not changed, in lieu of an application for renewal, a licensee may file with the City Clerk, not later than April 1 of each year, an affidavit stating that such facts and statements have not changed.
D. 
Changes relating to the following must be reported to the City Clerk, in writing, before they occur: 1) changes in ownership as defined in § 22-1001, Definitions; and 2) changes in DBA (Assumed Name).
(1) 
In addition to the changes listed above, any changes to information required in § 22-1004 that occur during the term of the license must be reported to the City Clerk, in writing, within 10 days of the effective date of the change.
A. 
Application for creation. All applications for the creation of Massage or Bodywork Establishment licenses shall be subject to comprehensive review by the relevant departments of the City of Bloomington, which include inspection of proposed premises and investigation of the background, including criminal history and fingerprinting, of all applicants and managers listed on the submitted application. The approval of any licenses is contingent upon full compliance with all applicable building codes, health regulations, and safety standards as set forth by the City of Bloomington and McLean County authorities.
(1) 
If the applicant can produce proof of a current massage therapy license by the State of Illinois for any owner or employee, then the background check and fingerprints are not required for the specified individual.
B. 
Applicant cooperation required. An applicant for a Massage or Bodywork Establishment license shall cooperate fully with the inspections and investigations conducted by reviewing departments. The applicant's refusal to give any information reasonably relevant to the investigation of the application, to allow the applicant premises to be inspected, to appear at any reasonable time and place for examination under oath regarding the application, or to otherwise cooperate with the investigation and inspection required by this Article shall constitute an admission by the applicant that the applicant is ineligible for a Massage or Bodywork Establishment license and shall be grounds for denial of the license application.
C. 
Decision final. The action taken by the City Clerk to issue or deny a Massage or Bodywork Establishment license pursuant, respectively, to this Article shall be final, subject to judicial review.
D. 
Disqualification for license. No such license shall be issued under this Article if the City shall find:
(1) 
That the applicant is not of legal age or under any legal disability;
(2) 
That an applicant whose license issued under this Article has been revoked for cause;
(3) 
That the applicant, at the time of application for renewal of any license hereunder, would not be eligible for such license upon a first application;
(4) 
That the applicant does not own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is to be issued;
(5) 
That the operation of the Massage or Bodywork Establishment, as proposed by the applicant, would not comply with the applicable laws of the State of Illinois and the City of Bloomington, including, but not limited to, health, safety, planning, housing, building, zoning, and fire codes; or
(6) 
That the applicant and/or any other person who will be directly or indirectly engaged in the management and operation of a Massage or Bodywork Establishment has been convicted or has pled guilty to:
(a) 
A felony that occurred within five years prior to the date of application, or of any misdemeanor, an essential element of which is: 1) dishonesty, 2) illicit drugs, 3) sexual offenses as defined in 720 ILCS 5/11-0.1, 4) the use of violence or force, or that is directly related to the practice of massage and/or bodywork or operation of a Massage or Bodywork Establishment;
(b) 
An offense involving sexual misconduct with children;
(c) 
Prostitution, soliciting for a prostitute, pimping or other offenses opposed to decency and morality; or
(d) 
A violation of any provision of this Article;
(7) 
That the applicant has knowingly made false, misleading, or fraudulent statements of fact in the license application or in any document required by the City in conjunction with the license application, or has knowingly withheld material information; or
(8) 
That the operation of the Massage or Bodywork Establishment as proposed by the applicant would violate the provisions of this Article.
The City Manager, at their discretion, may direct the City Clerk to issue a license to any person convicted of any of the crimes in Subsection D(3)(a), (b) and (c) if they find that such conviction occurred at least four years prior to the date of application, the applicant has no subsequent convictions and the applicant has shown evidence of rehabilitation sufficient to warrant the public trust.
A. 
Any Massage or Bodywork Establishment license may be revoked, suspended, or not renewed, after notice and hearing by the City Manager, or their designee, for any of the following reasons:
(1) 
If any of the provisions of this Article are violated or any employee of the licensee, including a massage therapist, is engaged in any conduct at licensee's place of business which violates any of the provisions of this Article or any State law which provides for imprisonment, and licensee should have actual or constructive knowledge of such violations or the licensee should have actual or constructive knowledge by due diligence;
(2) 
If any applicant has made a false statement on an application for a license under this Article;
(3) 
If the Health Department reports that such business is being managed, conducted, or maintained without regard for the public health or health of patrons or customers, or without due regard to proper sanitation or hygiene;
(4) 
Violation of any law occurring on the Establishment's premises committed by the Establishment or an employee of the Establishment;
(5) 
Violation of any law or state regulation regarding Massage or Bodywork Establishments;
(6) 
Failure to pay any tax, judgment, fee, or bill owed to the City of Bloomington;
(7) 
Failure to provide current information regarding the ownership or location of the business;
(8) 
Failure to notify in writing the City Clerk Department and receive prior approval of changes as required by § 22-1004; or
(9) 
The licensee, or any other person, identified pursuant to § 22-1004 of this Article, becomes disqualified for the issuance of a Massage or Bodywork Establishment license at any time during the term of a license at issue.
B. 
Any violation of this Article by any employee of the licensee, including a massage therapist, shall be cause for suspension of the license for not more than 30 days in the first instance. Any subsequent violation of this Article by any employee of the licensee, including a massage therapist, shall be cause for suspension, revocation, or nonrenewal of this license.
The City Manager, or their designee, before revoking or suspending any license, shall give the licensee at least 10 days' written notice of the charges against them and the opportunity for a public hearing before the City Manager, or their designee, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
C. 
For the administration of this section, the formal rules of evidence shall not apply at the hearing, and hearsay may be permitted, provided it is of the nature reasonably prudent persons would rely upon in the conduct of their affairs. At the hearing, the City Manager, or their designee, shall determine by a preponderance of the evidence whether a lawful reason exists to revoke or suspend the license. The City Manager, or their designee, after determining that a lawful reason exists to revoke, suspend, or not renew the license, shall also determine whether that lawful reason merits the sanction of a revocation, suspension, or nonrenewal of the license.
D. 
When any Massage or Bodywork Establishment license has been revoked for cause, no new license shall be issued for the operation of a Massage or Bodywork Establishment at the same premises for a period of two years following the date of revocation. Furthermore, no Massage or Bodywork Establishment license shall be granted to, and any existing license may be revoked or suspended with respect to, the individual whose license was revoked, for any other premises within the City, for a period of two years from the date of revocation. This restriction shall also apply to:
(1) 
The spouse or immediate family member of the revoked licensee;
(2) 
Any business partner of the revoked licensee; and
(3) 
Any individual holding more than a 5% ownership interest in the revoked licensee's business.
Every Massage or Bodywork Establishment shall be subject to the following:
A. 
Supervision. The premises of every Massage or Bodywork Establishment shall be under supervision at all times during business hours. If massage services are provided, at least one massage therapist must be physically present on the premises whenever the Establishment is open to the public. The licensee shall either personally supervise the operation of the business or delegate supervisory responsibilities to a designated manager whose name is listed on the Massage or Bodywork Establishment license. The licensee is responsible for ensuring compliance with all applicable provisions of this Article and shall not commit or allow any agent, employee, or contractor to commit any violations thereof. Any violation of this Article by an agent, employee, or contractor shall be deemed a violation by the licensee.
B. 
Sanitary conditions. All portions of the Massage or Bodywork Establishment, including all equipment, appliances, apparatus, and furnishings, shall be maintained in a clean and sanitary condition, in accordance with the requirements set forth in this Article.
C. 
Employee dress code. (Intentionally left blank).
D. 
Separate license. A license shall apply only to the specific premises identified in the license application and subsequent license. Each license shall be valid for only one physical location; separate licenses are required for each individual establishment.
E. 
Transfer of license. A license issued under this Article shall constitute a personal privilege, valid only until the date of expiration listed on said license, unless sooner revoked. It shall not be construed as a property interest and is nontransferable, indivisible, and nonassignable. The privileges conferred by the license shall apply only to the licensee named therein.
F. 
Minors. Minors may receive massage and/or bodywork services only in the presence of, or with the written consent of, a parent or legal guardian.
G. 
Alcoholic beverages prohibited. No person shall sell, serve, distribute, provide, possess, or consume alcoholic beverages on the premises of any Massage or Bodywork Establishment without a valid liquor license. Alcoholic beverages shall not be offered or consumed in any room where massage and/or bodywork services are provided unless that room is open to the general public. No licensee, manager, or responsible party shall allow any person impaired by alcohol or drugs to enter, remain in, or provide or receive services within a Massage or Bodywork Establishment.
H. 
Solicitations prohibited.
(1) 
Prohibited advertising. No Massage or Bodywork Establishment, or any person acting in connection therewith, shall place, publish, or distribute, or cause to be placed, published, or distributed, any advertisement, image, or statement in any medium that is known to be false, deceptive, or misleading for the purpose of inducing any person to purchase or utilize massage and/or bodywork services. Additionally, no such advertisement shall suggest or imply any form of sexual activity or appear on any adult website or platform known to promote pornographic, sexual, or similar services or products.
(2) 
Prohibited conduct on premises. No Massage or Bodywork Establishment shall permit any employee, agent, or independent contractor to touch, or offer or agree to touch, the sexual or genital area of any person while on the premises. Any such touching, offer, or agreement shall constitute a violation of this Article, for which the licensee shall be strictly liable and subject to license suspension or revocation. Except, this provision does not apply to licensed clinical massage therapy provided for legitimate therapeutic purposes, including:
(a) 
Post-mastectomy scar tissue therapy, including myofascial release therapy;
(b) 
Therapeutic treatment of breast tissue or muscles in connection with pre- or post-surgical mastectomy, lumpectomy, or breast reconstruction;
(c) 
Clinical perineal massage for pregnant individuals to assist in childbirth; or
(d) 
Clinical lower abdominal massage for relief of menstrual pain.
(3) 
Customer notice requirement. Every Massage or Bodywork Establishment shall provide prospective customers with a written notice stating the following:
NOTICE TO CUSTOMERS:
State law prohibits soliciting another person for the purpose of a sexual act. Solicitation is punishable as a Class 4 felony and may result in fines, imprisonment, and, if applicable, impoundment of any vehicle used or associated with the offense. This Establishment immediately reports all offers or requests to purchase sexual services to law enforcement.
(4) 
Employee notice requirement. Every Massage or Bodywork Establishment shall post a notice in a conspicuous location accessible to all employees, agents, and independent contractors, stating the following:
NOTICE TO EMPLOYEES:
State law prohibits soliciting another person for the purpose of a sexual act. Solicitation is punishable as a Class 4 felony and may result in fines, imprisonment, and, if applicable, vehicle impoundment. You may report any offers or requests for sexual services by contacting the Bloomington Police Department at (309) 820-8888 or by calling 911.
I. 
Other operating requirements.
(1) 
Hours of operation. No part of a Massage or Bodywork Establishment shall be open to the public or operate for any business purpose between the hours of 10:00 p.m. and 6:00 a.m. the following day.
(2) 
Residency prohibited. No individual shall reside in or remain overnight on the premises of any Massage or Bodywork Establishment. This provision does not prohibit a person from residing in a legally permitted residential portion of a mixed-use or commercial building, nor does it prohibit providing massage and/or bodywork services from a private residence if such use is lawful under applicable zoning regulations.
(3) 
Visibility requirement. All Massage or Bodywork Establishments are required to have and maintain clear glass, which is not painted over, darkened, or blocked by any cloth or obstruction, at the entrance to such establishment so that the front area where patrons are greeted is clearly visible from the outside. Any Massage or Bodywork Establishment located in a facility that does not comply with this requirement is to notify the City Clerk Department in writing.
(4) 
Business recordkeeping.
(a) 
Every licensee shall maintain, on the premises, business records for all massage and/or bodywork services provided. These records shall include:
[1] 
The date and time of each service;
[2] 
The name of the massage therapist who provided the service;
[3] 
The massage therapist's Illinois license number; and
[4] 
The amount received for the service.
(b) 
Records, as outlined in Subsection I(4), must be completed prior to the initiation of service. The amount received shall be recorded at the time payment is made. These records must be retained on-site for a minimum of one year and shall be made available upon request by the City.
J. 
Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.
K. 
Individual dressing rooms must be made available on the premises for individuals changing, and the door to such dressing rooms shall open inward and shall be self-closing.
L. 
All Massage or Bodywork Establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.
M. 
The sexual or genital area of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee and/or massage therapist.
N. 
It shall be unlawful for any person in a Massage or Bodywork Establishment knowingly to place their hand upon, to touch with any part of their body, to fondle in any manner, or to massage a sexual or genital area of any other person.
O. 
No massage therapist, employee, or operator shall perform, offer, or agree to perform any act which would require the touching of the patron's genital area.
P. 
All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.
Q. 
Oils, creams, lotions, or other preparations used in administering massage and/or bodywork services shall be kept in clean, closed containers or cabinets.
R. 
Eating in the massage and/or bodywork work areas shall not be permitted.
S. 
Animals, except for licensed service animals, shall not be permitted in the massage and/or bodywork work area.
T. 
No massage therapist shall administer massage and/or bodywork services to a patron exhibiting any skin fungus, skin infection, skin inflammation, or skin eruption; unless a physician duly licensed by the State of Illinois certifies in writing that such person may be safely massaged or bodyworked, prescribing the conditions thereof.
U. 
Each massage therapist shall wash their hands in hot running water, using a proper soap or disinfectant before administering massage and/or bodywork services to each patron.
Any massage therapist who provides any of the services listed in the definition of "massage and/or bodyworks" in § 22-1001 of this Article at any hotel or motel must first register their name and license number with the owner, manager, or person in charge of the hotel or motel.
No "out-call massage and/or bodywork service" may be operated other than by a licensed Massage or Bodywork Establishment. All massages and/or bodywork services performed and advertising engaged in by an "out-call massage and/or bodywork service" must be done in the manner prescribed in § 22-1008.
Authorized staff of any applicable City of Bloomington department and the McLean County Health Department shall be permitted at any time to perform an inspection of each Massage or Bodywork Establishment granted a license or applying for said license under the provisions of this Article for the purposes of determining that the provisions of this Article are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow authorized City or County staff access to the premises or to hinder such staff in any manner.
A. 
A license issued under this Article for the operation of a Massage or Bodywork Establishment is nontransferable, indivisible, and nonassignable. However, in the event of the death or incapacity of the licensee, an heir, beneficiary, or the legal guardian of such person(s) may continue to operate the Establishment for a reasonable period, not to exceed 60 days, to allow for the issuance of a new license.
B. 
Upon the sale, transfer, or relocation of a Massage or Bodywork Establishment, the existing license shall become immediately null and void. A new license shall be required for any successor Massage or Bodywork Establishment intended to operate at the same location.
It shall be the responsibility of the Massage or Bodywork Establishment licensee or the employer of any persons purporting to act as massage therapists, to ensure that each person employed as a massage therapist shall first have obtained a valid license from the State of Illinois.
All person(s) or entities, except those who are specifically exempted by this Article, who violate any of the provisions of this Article, provide the service of a massage therapist, or conduct business as a Massage or Bodywork Establishment without first obtaining a City of Bloomington Massage or Bodywork Establishment license shall be guilty of a misdemeanor, which, upon conviction, is punishable by a fine or by imprisonment or by both such fine and imprisonment.
Any building used as a Massage or Bodywork Establishment in violation of this Article with the intentional, knowing, reckless, or negligent permission of the owner thereof, or the agent of the owner managing the building, together with all fixtures and other property used in violation of this Article are hereby declared to be a nuisance.
A. 
In cases where the City Manager, or their designee, reasonably believes that the continued operation of a massage or bodywork licensed entity poses an imminent risk to public health, safety, or welfare, the City Manager may suspend or revoke the license immediately. Notice of such suspension or revocation shall be given to the licensed party and to the Bloomington and Normal Police Departments. The notice shall specify the reason for the suspension or revocation and shall provide the licensed entity with the right to request an appeal of the suspension or revocation, provided an appeal is requested no later than five days from service of the notice of suspension or revocation. If an appeal is requested, a hearing shall be held before the City Manager or their designee within 10 days of the request for a hearing.
B. 
In order to prevail in an appeal, the party appealing the suspension or revocation must show by a preponderance of the evidence that the asserted reason for suspension or revocation is inaccurate.
C. 
Service shall be deemed effective when sent via email or first-class mail to the last known email or postal address of the licensed entity. For the purpose of this section, the last known email or postal address shall be the one that has most recently been recorded with the City Clerk Department.
A. 
Except for emergency suspensions or revocations as provided in § 22-1018, any license holder who receives a notice of revocation or suspension may file an appeal with the City of Bloomington Corporation Counsel. The appeal must be made in writing within 10 days of receipt of the notice of revocation or suspension and shall include a response to the notice. Such response shall include a brief statement addressing the substantive deficiencies cited in the notice and shall set forth the basis for why the license should not be revoked or suspended. The appeal must be submitted to the office of the City of Bloomington Corporation Counsel located at 115 E. Washington Street, Bloomington, IL 61701, or via email to legal@cityblm.org. The Corporation Counsel's office shall mail or email an appeal hearing notice to the requester containing the hearing date and time set for a hearing before the City Manager or their designee.
B. 
In order to prevail in an appeal, the party appealing the suspension or revocation must show by a preponderance of the evidence that the asserted reason for suspension or revocation is inaccurate.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Article, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof.