The requirements of this section apply to every adult physical culture business and to every massage technician in the village.
(A) No person shall give, or assist in the giving of, any massage to any person under the age of 18 years, unless the parent or guardian of such minor person has consented thereto in writing.
(B) Each operator shall erect and maintain, after obtaining the necessary permits, a recognizable and readable sign that will be posted adjacent to the main entrance identifying the premises as an adult physical culture business. The signs may not use any strobe lights or other flashing lights to illuminate the front of the business. Each operator shall have posted, in a conspicuous location upon the premises where the massage operation is to be conducted, the operator’s permit as issued by the village.
(C) Each operator shall provide, in each room where massages are given, sufficient lighting and ventilation as required by the adopted Building Code of the village.
(D) Every adult physical culture business shall, from time to time and at least once a year, be inspected and approved by the County Health Department for the purpose of determining that the health provisions of the laws of the state and ordinances of the village are met.
(E) A minimum of one tub or shower, and one toilet and washbasin, shall be provided for the patrons in every adult physical culture business. If male and female patrons are to be served simultaneously, and if steam rooms and saunas are provided, separate steam rooms or saunas shall be provided for male and female patrons. Hot and cold running water under pressure shall be provided to all washbasins, bathtubs, showers, and similar equipment. Each washbasin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. No common use of towels or linens shall be permitted and reuse is prohibited unless they have been first laundered.
(F) In addition to the washbasin provided for patrons, a minimum of one separate washbasin shall be provided in each adult physical culture business, which basin shall provide soap or detergent and hot running water at all times and shall be located within or as practical to the area devoted to the performing of massage services.
(G) In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers. If the washbasin for patrons is not in the toilet room but it is adjacent thereto, this washbasin shall meet the separate washbasin requirement if it is reasonably close to the area devoted to the performing of massages.
(H) A trash receptacle shall be provided in each toilet room.
(I) No person shall operate an adult physical culture business, or administer a massage as herein defined in any adult physical culture business, between the hours of 10:00 p.m. and 7:00 a.m.
(J) No person licensed to do business as herein provided shall operate under any name or conduct business under any designation not specified in his or her permit.
(K) No person shall enter, be, or remain in any part of an adult physical culture business licensed under this chapter while in possession of, consuming, using, or under the influence of any alcoholic beverage or drug. The owner, operator, and manager shall be responsible for ensuring that no such person shall enter or remain upon the licensed premises.
(L) No building or part thereof used as an adult physical culture business shall be equipped with any electronic, mechanical, or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by the business customers; nor shall any such equipment be used to record, videotape, or monitor a person receiving a massage without that person’s written consent.
(M) No adult physical culture business issued a permit under this chapter shall send massage technicians off the premises for the purposes of administering a massage, nor shall the adult physical culture business or any part thereof be used by any employee, operator, manager, or owner to receive or accept such requests for off-premises massages, except as permitted by this chapter.
(N) Every massage technician working in an adult physical culture business shall display his or her license as required by this chapter in a conspicuous place within the adult physical culture business so that the same may be readily seen by persons entering the premises.
(O) No massage technician shall, while performing any massage or associated task, expose his or her genitals, buttocks, or, in the case of a female, her breast(s) or make intentional contact or occasional and repetitive contact with the genitals or anus of another person.
(P) All massage technicians and all other persons working in adult physical culture business shall wear clean outer garments. These garments must be of a fully opaque material and provide complete covering of the genitals, genital area, buttocks, and female breasts of such employees, massage technicians, and attendants.
(Q) Each establishment shall provide to all patrons clean, sanitary, and opaque coverings capable of covering the patron’s specified anatomical areas, including the genital area and buttocks and female breasts. No common use of such coverings shall be permitted and reuse is prohibited unless coverings are adequately cleaned between uses.
(R) No massage technician, while performing any massage or associated task, shall be present in any room with another person unless that person’s genitals, genital area, buttocks, and female breasts are fully covered.
(S) Standard or portable massage tables with durable, washable plastic or other waterproof material as covering shall be used for massage. Foam pads more than four inches thick or with a width of more than four feet may not be used. Beds, mattresses, and waterbeds may not be used in the administration of a massage.
(T) (1) Every person operating an adult physical culture business and each person doing business as a massage technician shall keep a record of the dates and hour of each treatment or service, name, address, and birth date of the patron to be verified by legal identification, name of technician administering such service, and description of the treatment or service rendered.
(2) These records shall be open to inspection by the village and/or county charged with the responsibility of preventing the spread of communicable and contagious diseases and to officials charged with the enforcement of the provisions of this chapter.
(3) The information furnished or secured as a result of any of these records shall be used only to ensure and enforce compliance with this chapter and other applicable laws and shall otherwise remain confidential. Officials charged with enforcement of this chapter shall periodically inspect these records to ensure compliance with this section.
(4) The records required by this division (T) shall be maintained for a period of not less than one year.
(U) No person holding an off-premises massage technician permit shall conduct massage, whether or not for compensation, at any hotel, motel, or other commercial establishment except in the office of the customer. For purposes of this division (U), a hotel room shall not be considered an office.
(V) All massage establishments and employees thereof shall comply with the licensing requirements and provisions of § 113.07.
(Ord. 2006-3, passed 4-18-2006) Penalty, see § 113.99