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ARTICLE XXXII. MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES (4-6-320 et seq.)
(a) Definitions. As used in this article:
"Commissioner" means the Commissioner of the Department of Business Affairs and Consumer Protection, or the Commissioner's designee.
"Department" means the Department of Business Affairs and Consumer Protection.
"Licensee" means the operator of a massage establishment.
"Massage" means a system of structured palpation or movement of the soft tissue of the body, as defined by the Illinois Massage Licensing Act, 225 ILCS 57/10. For purposes of this article, "massage" does not include a foot or chair massage performed while the recipient is fully clothed.
"Massage establishment" means any place of business that advertises or offers massage services or where any person, for any consideration whatever, engages in the practice of massage as defined above, but does not include any hospitals, nursing homes, facilities or offices at which a health care worker duly licensed by the State of Illinois provides, on an ongoing basis, professional health services to individuals, including but not limited to as services permitted by the Illinois Occupational Therapy Practice Act, 225 ILCS 75/1, et seq.; the Illinois Physical Therapy Act, 225 ILCS 90/1, et seq.; the Medical Practice Act, 225 ILCS 60/1, et seq.; or the Illinois Naprapathic Practice Act, 225 ILCS 63/1, et seq.
"Massage therapist" means any person who, for any consideration whatever, engages in the practice of massage as above defined, and who is subject to regulation by the Illinois Department of Finance and Professional Regulation under the Illinois Massage Licensing Act, 225 ILCS 57.
"Person" has the same meaning as ascribed to that term in Section 1-4-090(e).
"Sexual or genital area" of any person shall include the male or female genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female.
(b) Application.
(1) Procedure. Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application, under oath, with the Department. The Department shall 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 Department shall advise the applicant in writing of the reason for such denial or hold.
The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application, or the submission of false, misleading or incomplete information on the application, or the refusal or failure of applicant to appear at any reasonable time and place for examination under oath regarding said application, or the refusal of applicant to submit to or cooperate with any inspection required under this code, shall be grounds for denial of the application.
(2) Application contents. The application for a license to operate a massage establishment shall set forth the exact nature of the massage to be administered and the proposed place and facilities thereof. An application for such a license shall be made in conformity with the general requirements of this code relating to license. The application shall be signed under oath by the owner of the business for which a license is sought. If the owner is a corporation, the application shall be signed by an authorized officer of the corporation. If the owner is a partnership, the application shall be signed by a partner.
In addition thereto, any applicant for a license, and each partner or limited partner of an applicant, if a partnership applicant, and each officer and director of a corporate applicant and any stockholder of a corporate applicant holding more than five percent of the stock of the corporate applicant, shall furnish the following information:
(A) written proof that the applicant, and any other person involved, directly or indirectly, in the massage establishment business, with the exception of massage therapist(s) licensed by the Illinois Department of Financial and Professional Regulation, is at least 18 years of age;
(B) the business, occupation, or employment of each applicant for the three years immediately preceding the date of application;
(C) the previous experience of the applicant in massage or similar business;
(D) whether the applicant has had any license denied, revoked or suspended in the City of Chicago or any other state or city for a massage establishment, the reason therefor, and the business activity or occupation of the applicant subsequent to such suspension, revocation or denial;
(E) (i) any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation at any time (other than a minor cannabis offense); or (ii) any municipal ordinance violation (except minor traffic violations), within a five-year period;
(F) if the applicant is a corporation, or a partner of any partnership is a corporation then the names of the corporation shall be set forth exactly as shown in the articles, together with the state of incorporation and proof of authority to do business in the State of Illinois;
(G) each applicant's current residential telephone number; and
(H) the name and address of the owner of the premises. If the premises are leased: (a) a copy of the lease; (b) the name, address and telephone number of the owner of the premises, including the name and address of the beneficiary if title to the premises is held by a person as trustee and if known to the applicant; (c) the name, address and telephone number of the manager of the premises.
If a change in any information required under this section occurs at any time during a license period, the Licensee shall file statement, executed in the same manner as an application, indicating the nature and effective date of the change. The supplemental statement shall be filed within ten days after the change takes effect. The Commissioner shall take measures to prevent disclosure of information required under this section and not subject to disclosure under the Illinois Freedom of Information Act to persons outside the government.
(3) Issuance conditions and term. No license shall be issued under this article if the Department shall find:
(A) that the operation of the massage establishment as proposed by the applicant, if permitted, would not comply with the applicable laws of the State of Illinois and the City of Chicago, including but not limited to the building, health, housing, fire prevention and zoning codes of the City of Chicago; or
(B) that the applicant or any other person who shall be directly or indirectly engaged in the management and operation of the massage establishment has been found to have violated Section 4-6-320(c)(1)(C) or (E); former Section 4-92-047(c) or (e); or has been convicted of (a) any offense involving sexual misconduct with children, or (b) any provision of 720 ILCS 5/10-9 or Article 11 of Chapter 720 of the Illinois Compiled Statutes, or (c) any other felony (other than a minor cannabis offense) unless upon request of such person, the Commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of such substantial rehabilitation shall be on the person seeking such rehabilitation. The rehabilitation procedure shall apply only to subsection (B) of this section; or
(C) that the operation of the massage establishment as proposed by the applicant, if permitted, would violate the provisions of this article.
(4) Fee. The fee for each license issued pursuant to this article shall be as set forth in Section 4-5-010 of this code.
(c) Legal duties. Any Licensee engaged in the business of massage establishments and massage services shall have a duty to abide by the following:
(1) Operating requirements.
(A) Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated under sanitary conditions.
(B) Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers or provided to prospective customers as a written price list.
(C) (i) All massage establishments shall require their employees, agents and independent contractors to wear clean, nontransparent outer garments covering their sexual and genital areas while on the premises, and no massage establishment shall allow its employees, agents, and independent contractors to disrobe, or offer or agree to disrobe, either wholly or partially, while on the premises. Any such failure to be or remain clothed, or offer or agreement to disrobe, is a violation of this article for which the Licensee is strictly liable for purposes of license revocation and suspension, (ii) The sexual or genital areas of all customers shall be covered at all times when in the presence of an employee, agent, or independent contractor; provided, however, that such areas may be uncovered during clinical massage therapy for post-mastectomy scar tissue, including myofascial release therapy, or of therapeutic treatment of breast tissue and muscles for pre- and post-surgical mastectomy, lumpectomy, or breast reconstruction; clinical perineal massage therapy for pregnant women to ease the pain of childbirth; or clinical lower abdominal massage therapy to relieve menstruation-related pain.
(D) All massage establishments shall be provided with clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner.
(E) No massage establishment shall allow its employees, agents and independent contractors to touch, or offer or agree to touch, the sexual or genital area of any person while on its premises and any such touching, offer or agreement is a violation of this article for which the Licensee is strictly liable for purposes of license revocation and suspension; provided, however, that clinical massage therapy practices for post- mastectomy scar tissue, including myofascial release therapy, or of therapeutic treatment of breast tissue and muscles for pre- and post-surgical mastectomy, lumpectomy, or breast reconstruction; clinical perineal massage therapy for pregnant women to ease the pain of childbirth; and clinical lower abdominal massage therapy to relieve menstruation-related pain are not prohibited.
(F) All walls, ceilings, floors, pools, showers, baths and steam rooms and any other physical facilities shall be in good repair, and maintained in a clean and sanitary condition.
(G) Oils, creams, lotions and other preparations used in administering massages shall be kept in clean, closed containers or cabinets.
(H) All licensees shall maintain, as a business record of the licensed massage establishment, a record of (i) the date and time of all massage services at the premises, (ii) the person giving such services, and (iii) the amounts received for such services. The record of the date, time and service provider must be made before services are initiated and the record of the amount received must be made at the time payment is made. Such a record for the past year's services shall be available at the premises, in a format that can be inspected at any reasonable time upon request of the Commissioner.
(I) All massage 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 visible from the outside. A massage establishment located in a facility that does not have glass on the front of the premises is required to notify the Department in writing.
(J) No Licensee, manager, or person in charge of a massage establishment shall permit a person under the influence of intoxicating liquor or narcotic drugs to enter or remain in a massage establishment, or to provide or receive a massage.
(K) It shall be unlawful for any massage establishment to have any entrance or exit way providing a direct passageway to any residence.
(L) A sign shall be posted in a prominent location near the main entrance of the massage establishment identifying the establishment as a massage therapy establishment and stating its trade or business name as it appears on its permit application.
(M) Every massage establishment shall provide prospective customers with written notice stating:
State law prohibits soliciting another for the purpose of a sexual act. Solicitation can be punishable as a Class 4 felony, subjecting an offender to fines and imprisonment, and impoundment of any vehicle used by the offender to commit the offense. We immediately report all offers or requests to buy sexual services to law enforcement.
(2) Premises.
(A) No massage establishment shall receive a license or be operated, established or maintained unless the establishment shall comply with each of the following minimum regulations:
(i) All massage tables, lavatories and floors shall have surfaces which may be readily disinfected.
(ii) Toilet facilities shall be provided within the massage establishment, or within the facility that includes the massage establishment and otherwise complies with occupancy requirements. Lavatories shall be provided with both hot and cold running water and shall be installed in the toilet room. Lavatories shall be provided with soap and a dispenser with sanitary towels. Toilet facilities available for public use at Chicago O'Hare and Chicago-Midway International Airports shall be considered as compliance with the toilet facilities requirement of this section by a massage establishment located within either airport.
(iii) Closed cabinets shall be provided for use in the storage of clean linens, towels and other materials used in administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets which shall be kept separate from the clean storage areas.
(B) Subsections (A)(ii) and (A)(iii) of this section shall not apply to a massage establishment where all massages are administrated to patrons who are fully clothed and without the application of oils, creams, lotions or other liquids to the body of any patron.
(3) Employment of licensed massage therapists.
(A) Massage establishments may not employ or contract with any person as a massage therapist who does not hold a current, valid license issued by the Illinois Department of Financial and Professional Regulation, as required by the Massage Licensing Act, 225 ILCS 57, et seq., which license may not have been suspended, revoked, or temporarily suspended by the Department under that Act. Upon receiving notice or constructive notice that a massage therapist has been disciplined, or is subject to investigation, by the Department, it is the affirmative responsibility of the Licensee to obtain information from the Department as to the status of that investigation, disciplinary proceeding, or discipline imposed.
(B) Each massage establishment shall maintain a current listing of all licensed massage therapists who perform massage services at the site of the establishment and proof of their valid and current Illinois licensure in the form of (1) a copy of the massage therapist license issued by the Illinois Department of Financial and Professional Regulation and (2) a copy of a state-issued photo identification for each massage therapist Licensee. The massage establishment must allow inspection of such records at any reasonable time upon request of the Commissioner.
(C) No Licensee may allow a non- licensed massage therapist to perform massage therapy at the massage establishment, and no student or other unlicensed person may be permitted in a massage therapy room with a patron of the massage establishment, except where a licensed massage therapist is present in the room at all times.
(4) License – Display. Each Licensee shall display a valid current license in a conspicuous place within the massage establishment so that the same may be readily seen by persons entering the establishment.
(5) Advertising. All advertisements shall contain the number of the city license held by the massage establishment.
(d) Prohibited acts. It shall be unlawful for any Licensee engaged in the business of massage establishments and massage services to:
(1) depict, place, publish, distribute or cause to be depicted, placed, published or distributed any advertising matter that suggests to prospective patrons that any services are available that would constitute a felony or misdemeanor under federal, state or city law or would otherwise violate the Municipal Code of the City of Chicago;
(2) employ any person who is not at least 18 years of age, with the exception of any licensed massage therapist whose age is regulated by the Illinois Massage Licensing Act;
(3) transfer a license for the operation of a massage establishment.
(e) Penalty.
(1) Violation – License suspension or revocation. Any license issued for a massage establishment may be revoked or suspended by the Commissioner after a hearing, for a good cause. Cause for revocation or suspension shall include any violation of the provisions of this article or of any criminal statute of the State of Illinois by the Licensee, or by any employee, partner, agent or independent contractor of the Licensee while at the massage establishment. For purposes of massage establishment license revocation and suspension, the Licensee shall be strictly liable for such violations, regardless of actual or constructive knowledge. It shall also be cause for revocation or suspension that the applicant has made a false statement on any application for license under this article, or that the Licensee shall have violated any of the provisions of this Code or any of the statutes of the state, or that the Licensee refused to permit any authorized member of the Department, Police Department, Department of Buildings, Department of Health, or Fire Department of the City of Chicago to inspect the premises or the operations thereof at reasonable times.
When any license shall have been revoked for any cause, no license shall be granted to any person for the period of two years thereafter for the conduct of a massage establishment in the premises described in such revoked license, and no massage establishment license shall be granted, and any massage establishment license may be revoked or suspended, for any other premises in the city with respect to the person whose license was revoked for cause, for the period of two years thereafter. Such prohibition, revocation or suspension shall apply also to the spouse, business partner, or any person who holds more than a ten percent ownership interest in that Licensee.
(2) Violation – Penalty. Any person who violates any section of this article shall upon conviction thereof be punished by a fine of not less than $500.00 nor more than $5,000.00 for each offense, and shall be punished as a misdemeanor for each subsequent offense by incarceration in the county jail for a term not to exceed six months under procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, 65 ILCS 5/1-2-1.1, as amended, or by both fine and imprisonment except, however, that any violation of Section 4-6-320(c)(1)(B), (D), (E), or (F) shall be a misdemeanor punishable by incarceration in the county jail for a term not less than five days and not to exceed six months.
It shall be an affirmative defense to penalties under this article for an employee or massage therapist that the employee or massage therapist was under duress or was coerced into violating any provision of this article. A victim of trafficking in persons, pursuant to relevant state or federal laws, shall not be deemed criminally liable for any violation of this ordinance committed as a direct result of, or incident related to, being trafficked. Where such affirmative defense is applicable, to an employee or massage therapist, such affirmative defense shall not apply to the Licensee if the Licensee participated in creating such coercion or duress, or knew or should have known of the existence of such coercion or duress.
(f) Regulation. The Department shall inspect each massage establishment seeking a license under the provisions of this article for purposes of determining compliance with this article. As a condition of issuance of such license, the massage establishment consents to walkthrough inspections by authorized City employees and the Police Department, without notice, at any time during business hours. It shall be unlawful for any Licensee to fail to allow such inspection officer access to the premises or to hinder such inspection officer in any manner.
(Added Coun. J. 6-28-17, p. 51336, § 4; Amend Coun. J. 6-25-21, p. 31925, Art. IV, § 5)
ARTICLE XXXIII. MOBILE MERCHANTS (4-6-330 et seq.)
(a) Definitions. For purposes of this section:
(1) "Goods" means tangible personal property other than money.
(2) "Mobile merchant" means a person that offers goods for sale at retail or wholesale from within a motor vehicle.
(3) "Mobile merchant vehicle" means a motor vehicle used to conduct a mobile merchant business.
(b) License.
(1) No person shall conduct business as a mobile merchant without first having obtained a mobile merchant license. A separate license shall be required for each mobile merchant vehicle.
(2) No transfer of ownership shall be allowed on any license issued under this section.
(c) In addition to the general license application requirements, an applicant for a mobile merchant license shall:
(1) submit the following information about the mobile merchant vehicle to be licensed: its make and model, its registered license plate number, and specifications, photos, and plans as to the layout of the spaces that the public may access;
(2) supply the name, if a business, and address of the place where such vehicle will be stored when not in use; and
(3) supply any other information that the Commissioner may reasonably require.
(d) Insurance – Required. An applicant for a mobile merchant license shall produce proof to the Commissioner of Business Affairs and Consumer Protection that such applicant has obtained commercial general liability insurance, with limits of not less than $1,000,000.00 per occurrence, for bodily injury, personal injury and property damage and obtained a commercial automobile liability insurance with limits of not less than $1,000,000.00, combined single limit, per occurrence for bodily injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The insurance policy required under this section shall: (1) be issued by an insurer authorized to insure in Illinois; (2) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (3) include a provision requiring 30 days' advance notice to the Commissioner of Business Affairs and Consumer Protection prior to cancellation or lapse of the policy. If a mobile merchant license is issued to such applicant, such licensee shall maintain the insurance required under this subsection in full force and effect for the duration of the license period.
(e) Vehicle Requirements. Every vehicle used by a mobile merchant in the conduct of such business shall comply with the following requirements:
(1) The legal name of the business, and the "doing business as" name, if different, and, if required by state or federal law, the Department of Transportation permit number and registration number, shall appear plainly, distinctly, and legibly in letters and figures at least two inches in height with a one-half inch wide brush stroke in a conspicuous place on both lateral sides of the vehicle, in compliance with 49 C.F.R. § 390.21.
(2) The interior of the vehicle shall be kept in a clean condition.
(3) The vehicle shall be a commercial vehicle as defined by Section 9-4-010(a) and/or (b).
(4) The vehicle shall:
(A) be a motor vehicle of the second division;
(B) not be a trailer;
(C) have only a single deck; and
(D) not be more than thirty feet in length.
(5) The vehicle shall not be used for any purpose other than a mobile merchant business.
(6) Each mobile merchant vehicle shall be completely enclosed with top and sides.
(7) Any person who operates such vehicle must have a valid driver's license issued by the State of Illinois or another state, district, or territory of the United States.
(8) Each mobile merchant vehicle shall be inspected and maintained by a licensed professional, including mechanics and, if applicable, by professionals who install and maintain safety electrical equipment, as often as necessary but not less than every 90 days, and copies of the last four maintenance reports must be kept in the vehicle at all times while the vehicle is in use.
(9) There shall be no propane or other natural gas in a mobile merchant vehicle, other than any necessary to power the vehicle itself.
(f) Operation.
(1) Vehicle Stops.
(A) Mobile merchant vehicles shall move from place to place upon the public ways and shall not be operated at a fixed location except as otherwise provided in this section. It shall be unlawful for any mobile retail licensee to move the vehicle while patrons are in the vehicle.
(B) Mobile merchant vehicle stops shall be made only to be open for business. Operators shall:
(i) comply with all parking and movement restrictions, including street cleaning, rush hour parking, and snow route parking;
(ii) park parallel to the curb in a legal parking spot; and
(iii) limit the number of patrons in the vehicle to ensure safe exit from and entry to the vehicle.
(C) No operator shall operate on any block for longer than the parking meter or signage allows or for longer than four hours, whichever is shorter. Nor shall any operator park, stand, or stop the vehicle:
(i) within 20 feet of a crosswalk;
(ii) within 30 feet of an intersection; or
(iii) adjacent to a bicycle lane.
(D) A stop to service customers shall be considered parking for the purposes of regulation under Title 9 of the Code.
(2) Private Property. Operation of a mobile merchant vehicle is not allowed on private property without first obtaining written permission of the owner or lessee of the property. With the permission of the owner or lessee, the four-hour service limit shall not apply. Notwithstanding this provision, no operation of a mobile merchant vehicle is allowed on a privately-owned (A) vacant lot, or (B) lot that includes a vacant building, or combination thereof. For purposes of this subsection, the term "vacant" has the meaning ascribed to the term in Section 13-12-125(e) of this Code.
(3) Mobile merchants shall not interfere with or impede the free flow of traffic on the public way.
(4) Signage or any type of accessory equipment, storage, or display of goods of any kind are prohibited on or over the public way.
(5) No mobile merchant vehicle shall be equipped with any
(A) electronic sound-amplifying device, or
(B) oscillating, rotating, or flashing lights.
(6) It shall be unlawful for any mobile merchant to use a portable generator or to connect electrical or utility services over the public way.
(A) Operators shall only use "in-line" electrical generators that are powered by a hard-lined, manufacturer-installed fuel line taken directly from the vehicle's main fuel tank. All other types of generators, including, but not limited to, portable stand-alone and separate-fill generators, many not be used.*
* Editor's note – As set forth in Coun. J. 1-15-20, p. 13000, § 3; should likely read "may not be used." Future legislation will correct if needed.
(B) A vehicle must be equipped with (i) a working carbon monoxide detector that meets standards set forth in NFPA 1192-6.4.6; (ii) a multi-purpose fire extinguisher; and (iii) a fire detector.
(C) For vehicles that use an onboard electrical power inverter, the mobile merchant must submit a signed affidavit attesting that: (i) the inverter is certified by Underwriters Laboratory (UL); (ii) the applicant is aware of the maximum capacity of the inverter and will utilize and maintain it according to manufacturer's specifications; and (iii) a licensed mechanic installed and mounted the inverter according to manufacturer's specifications.
(7) The mobile merchant license shall be posted in a conspicuous place in the vehicle to which the public has access by sight. The mobile merchant shall also post an emblem issued by the Department of Business Affairs and Consumer Protection in the front windshield of the vehicle according to the instructions of the Department.
(8) No sales from a mobile merchant vehicle shall be made between the hours of 10:00 P.M. and 6:00 A.M.
(9) Mobile merchant vehicles shall be operated only by the mobile merchant or by an authorized employee of such licensee.
(10) A mobile merchant may only sell goods, and not provide services, from the motor merchant vehicle.
(g) (1) The Department of Business Affairs and Consumer Protection may issue emblems for mobile merchant vehicles to indicate the mobile merchant vehicle license.
(2) The Commissioner of Business Affairs and Consumer Protection, in consultation with the Department of Transportation, Department of Police, and the Office of Emergency Management and Communications, in the interest of preserving public safety or avoiding traffic congestion, may, by rule, set a limit on the number of total mobile merchant licenses that may be issued at any given time.
(h) The City Council has determined that certain street segments would experience detrimental congestion resulting from the presence of mobile merchant operations; accordingly, such operations are prohibited in this Subsection (h).
(Added Coun. J. 1-15-20, p. 13000, § 3)