(A) Required. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, upon any premises in the city, the operation of a massage establishment without first obtaining a business regulation certificate therefor from the City Collector, pursuant to the approval of the Administrative Official.
(B) Application procedure.
(1) Every applicant for a business regulation certificate to maintain, operate or conduct a massage establishment shall file an application in duplicate, under oath, with the City Collector upon a form provided by the Collector. The Collector shall, within 15 days thereafter, refer copies of the application and all additional information to the Health Department, the Fire Department, the Building Department and the Administrative Official. The departments shall, within 45 days, inspect the premises proposed to be operated as a massage establishment and make recommendations to the Administrative Official concerning compliance with these Codified Ordinances. Upon receipt of the recommendations of the departments, the Administrative Official shall notify the applicant as to whether his or her application has been granted, denied or held for further investigation. The period of additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. The Administrative Official shall then advise the applicant in writing as to whether the application has been granted or denied. If the application is denied or held for further investigation, the Administrative Official shall advise the applicant in writing of the reason for the refusal.
(2) The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application, the refusal or failure of the applicant to appear at any reasonable time and place for examination under oath regarding the application or the refusal of the applicant to submit to or cooperate with any inspection required by this division, shall be grounds for denial of the application.
(C) Contents of application.
(1) The application shall set forth the exact nature of the massage to be administered and the proposed place and facilities thereof. In addition thereto, the applicant, each partner or limited partner of the applicant (if a partnership applicant) and each officer and director of a corporate applicant and any stockholder thereof holding more than 10% of the stock, shall furnish the following information:
(a) Written proof that each individual is at least 18 years of age;
(b) The residential addresses of the individual for the past three years;
(c) The business, occupation or employment of the individual for the three years immediately preceding the date of application;
(d) The previous experience of the individual in a massage business or a similar business;
(e) Whether the individual has had any massage establishment license denied, revoked or suspended in the city or any other city or state, the reason therefor and the business activity or occupation of the individual subsequent to the suspension, revocation or denial; and
(f) Any conviction, forfeiture of bond or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five-year period.
(2) If the applicant is a corporation, or a partner of any partnership is a corporation, then the name of the corporation shall be set forth exactly as shown in the articles of incorporation thereof, together with the state of incorporation and proof of authority to do business in the state.
(D) Issuance. Upon receipt of the recommendations of the departments, as required in division (B) hereof, and the information contained in the application, together with all additional information provided therein, the Administrative Official shall direct the issuance of the business regulation certificate by the City Collector to the applicant, unless the Administrative Official finds any of the following:
(1) The operation of the massage establishment as proposed by the applicant, if permitted, would not comply with the applicable laws of the state and the city, including but not limited to the Building, Health Planning, Housing, Fire Prevention and Zoning Codes of the city;
(2) The applicant or any other person who is directly or indirectly engaged in the management and operation of the massage establishment has been convicted of a felony, an offense involving sexual misconduct with children or any provision of ILCS Ch. 720, Ch. 5, Art. 11, as amended; and
(3) The operation of the massage establishment as proposed by the applicant, if permitted, would violate any of the provisions of this chapter.
(E) Revocation and suspension.
(1) A business regulation certificate issued for a massage establishment may be revoked or suspended by the Administrative Official after a hearing, for good cause. The Administrative Official shall give to the licensee at least 15 days’ written notice of the charges and an opportunity for a public hearing pursuant to Chapter 292 of these Codified Ordinances, at which time the licensee may present evidence bearing upon the question. Cause for revocation or suspension shall include the violation of any of the provisions of this chapter or of any criminal statute of the state by the holder of the certificate, or by any masseuse or masseur or other person employed thereby. However, the violation shall not be a cause for revocation or suspension unless the licensee has had actual or constructive knowledge of the violation in the exercise of due diligence. It shall also be cause for revocation or suspension that the holder of the certificate has made a false statement on any application required by this section or that the licensee refuses to permit any authorized police officer or authorized member of the Police Department, Building Department, Board of Health or of the Fire Department to inspect the premises or the operations thereof at any reasonable time.
(2) When a business regulation certificate has been revoked for any cause, no certificate shall be granted to the person for one year thereafter to conduct a massage establishment in the premises described in the revoked license.
(Ord. 98-02, passed 1-13-1998)