§ 122.01 DEFINITIONS.
   Unless the particular provision or context requires otherwise, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.
   APPROVED MASSAGE SCHOOL. A school which has received certification from the Illinois State Board of Education as a massage therapy school and has presented evidence of such certification to the village Massage Business Commissioner.
   CODE. The Village of Channahon Municipal Code, as from time to time amended.
   EXISTING MASSAGE ESTABLISHMENT. A massage establishment for which a license has previously been issued.
   LICENSED PREMISES. The place or location described in a massage establishment license where a massage establishment is authorized to operate.
   MASSAGE or MASSAGE THERAPY. A system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as effleurage or stroking and glifing, 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 licensed massage therapist with or without the aid of lubricants, salve or herbal preparations, hydromassage, thermal massage or a massage device that mimics or enhances the actions possible by human hands, under such circumstances that it is reasonably expected that the person to whom treatment is provided, or some third party on such persons behalf, will pay money or give other consideration or any gratuity therefore.
   MASSAGE BUSINESS COMMISSIONER. The Village Administrator, or such person's designee.
   MASSAGE ESTABLISHMENT. Any business entity, in any form, including but not limited to any person, corporation, sole proprietorship, joint venture, association, firm, partnership, limited liability corporation or any other form, having a source of income or compensation derived from the practice of massage and which has a fixed place of business where any person, corporation, sole proprietorship, joint venture, association, firm, partnership, limited liability corporation or any other entity engages in or carries on any of such activities.
   MASSAGE ESTABLISHMENT EMPLOYEE. Any person who works in or at, or renders any services directly related to the operation of, a massage establishment; provided, however, that this definition shall not include persons only delivering goods, materials, food and beverages, or performing maintenance or repairs, to the licensed premises.
   MASSAGE ESTABLISHMENT LICENSE. A massage establishment license as provided in this chapter.
   MASSAGE PATRON. Any individual who received a massage in a licensed premises.
   MASSAGE THERAPIST. Any person who, for any consideration whatsoever, engages in the practice of massage.
   NUDE or STATE OF NUDITY. A state of dress or undress that exposes to view:
      (1)   Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided that the areolae is not exposed; or
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device covering that simulates male genitals in a discernibly turgid state.
   REFLEXOLOGY. The application of steady, deep and light pressure over the human feet for the purpose of producing healing and relaxation in all parts of the body.
   SPECIFIED CRIMINAL ACT. Any unlawful lewd, indecent, or immoral conduct, including specifically, but without limitation, any of the lewd, indecent, or immoral criminal acts specified in any of the following statutes or similar local ordinances, or such amended or successor statutes as may from time to time be adopted:
      (1)   Article II of the Illinois Criminal Code (sex offenses).
      (2)   ILCS Ch. 720, Act 5, § 26-4 of the Illinois Criminal Code (unauthorized videotaping).
      (3)   Illinois Criminal Code, Ch. 720, Act 5, § 33D-1 (contributing to the criminal delinquency of a juvenile).
      (4)   The Obscene Phone Call Act, Ch. 720, Act 135, §§ 0.01 et seq.
      (5)   The Wrongs to Children Act, Ch. 720, Act 150, §§ 0.01 et seq.
      (6)   The Improper Supervision of Children Act, Ch. 720, Act 640, §§ 0.01 et seq.
      (7)   The Sale of Immoral Publications to Children Act, Ch. 720, Act 670, §§ 0.01 et seq.
      (8)   The Cannabis Control Act, Ch. 720 , Act 550, §§ 1 et seq.
      (9)   The Illinois Controlled Substance Act, Ch. 720, Act. 570, §§ 100 et seq.
   SPECIFIED SEXUAL ACTIVITIES. Any of the following:
      (1)   Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
      (3)   Masturbation, actual or simulated.
      (4)   Human genitals in a state of sexual stimulation, arousal, or tumescence.
   TRANSFER OF OWNERSHIP OR CONTROL OF A MASSAGE ESTABLISHMENT. Any of the following:
      (1)   The sale, lease, or sublease of the business;
      (2)   The transfer of stock or other similar instruments which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
      (3)   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.
      (4)   Any person not previously listed as an applicant pursuant to § 122.05 acquires an ownership interest in the business of 20% or more.
(Ord. 1945, passed 11-5-18)