For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
DAY SPA. A business establishment offering services, including but not limited to facial and/or full body massage, beautician services, manicures, pedicures, body wraps, body waxing, aroma therapy and skin care treatments, provided that an establishment which offers or provides massages only in the form of facial massages shall not be included within this definition.
EMPLOYEE. Any person, including any massage therapist, who works in or renders any service in connection with the operation of a massage establishment, and receives any compensation from the operator of the establishment or its patrons; provided, however, that this definition shall not include persons delivering goods, materials, food and beverages, or performing maintenance or repairs to the establishment.
INDIVIDUAL. A natural person as distinguished from a legal entity.
LICENSED PREMISES. A massage establishment that has been issued a massage establishment license by the city pursuant to the terms of this chapter.
MASSAGE OR MASSAGE THERAPY. A system of structured palpation or movement of the soft tissue of the body, which 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, 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, all designed to enhance the general health or well- being of the mind and body of the recipient. MASSAGE does not include the diagnosis of a specific pathology or those acts of physical therapy or therapeutic or corrective measures that are outside the scope of massage therapy practice as defined herein.
MASSAGE ESTABLISHMENT. Unless specifically exempted in § 119.03 of this chapter, any place of business that is operated by any person that has a source of income or compensation derived from the practice of massage or massage therapy, and that has a fixed place of business where any person engages in or carries on any practice of massage or massage therapy.
MASSAGE THERAPIST. Any individual who is licensed by the Illinois Department of Professional Regulation and administers massage for compensation.
MEDICAL CARE INSTITUTION. Any facility or institution that is licensed to provide health care services to individuals, including but not limited to hospitals, skilled nursing facilities, medical clinics, rehabilitation agencies and public-health agencies.
NUDE or STATE OF NUDITY. A state of dress or undress that exposes to view:
(1) Less than completely and opaquely covered human sexual or genital areas; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
PATRON. Any individual, other than an employee of a massage establishment, who is present in or at any massage establishment at any time when such massage establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials, food and beverages, or performing maintenance or repairs to the establishment.
PERSON. Any individual, corporation, sole proprietorship, joint venture, association, firm, partnership, limited liability company, or other legal entity or combination of individuals authorized to conduct business in the State of Illinois.
PRACTICE OF MASSAGE ON AN OUTCALL BASIS. Offering massage therapy services at a location designated by the customer or patron rather than at a massage establishment.
REVIEWING AGENCIES. The Police Department, the
Community Development Department
, the applicable fire district, and their respective designees.
SEXUAL or GENITAL AREA. Human genitals, pubic region, buttocks, anus, perineum, or female breast below a point immediately above the top of the areola, or any portion thereof.
SPECIFIED CRIMINAL ACT. Any unlawful lewd, indecent or immoral conduct, specifically including but not limited to, any of the lewd, indecent, or immoral criminal acts specified in the Illinois Criminal Code or this code, as amended from time to time, and specifically including any offense classified as a sex offense or criminal sexual abuse, any unlawful drug and related offenses, gambling or use of force or violence upon the person of another that constitutes a felony under the Illinois Criminal Code, any offense against public morals, as set forth in Chapter 133, any drug or related offense or gambling offense as provided in Chapters 134, 136, and 156, and any offense causing bodily harm as provided in Chapter 139.
SPECIFIED SEXUAL ACTIVITIES. Any of the following actions whether or not performed for money or other consideration:
(1) Fondling or other erotic touching of human sexual or genital areas;
(2) Sexual acts, including but not limited to intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated;
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the activities set forth in the other subparagraphs of this definition.
TRANSFER OF OWNERSHIP OR CONTROL. With respect to a massage establishment, any of the following:
(1) The sale, lease or sublease of the business of such establishment;
(2) The transfer of securities that constitute a controlling interest in the business of such establishment, whether by sale, exchange or other similar means;
(3) The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business of such establishment; or
(4) The acquisition of an ownership interest in the business of such establishment of 10% or more, by any person who was not previously listed as an applicant pursuant to § 119.04.
(Ord. 09-44, passed 2-23-10; Am. Ord. 22-24, passed 8-23-22)