(A) Application for a massage establishment license shall be made in writing on a form provided by the City Clerk or a designee. In addition to the requirements stated in the definition of “massage establishment” in § 119.01, each application shall contain all the following information concerning the business to be operated as a massage establishment:
(1) The name and address of the proposed massage establishment;
(2) Whether the property on which the massage establishment will be located is owned or leased; if owned, the name and address of the record title holder, and if leased, the term of the lease, the name and address of the landlord and a copy of the lease;
(3) The name and address of any business operated by the applicant for three years immediately preceding the date of application, including any massage establishment or similar business, whether such business previously operated in the city or in another city or state;
(4) The names of each governmental entity to which, within five years immediately prior to the date of application, the applicant or any person identified in the application, has applied for, received or been denied a license or other authorization to conduct and operate a business, or has had a license or other authorization to conduct such a business suspended or revoked, and the name and addresses of any such business, if such business:
(a) Was substantially the same as a massage establishment;
(b) Required a federal, state or local liquor license; or
(c) Required a federal, state or local gaming license.
(5) The name, address and telephone number of each massage therapist who is or will be employed in the establishment, including all other names by which any such massage therapist has been known, including aliases and nicknames;
(6) The name, address and qualifications of the person who will be responsible to manage the massage establishment;
(7) The exact nature of the massage therapy to be administered, by kind, type, methodor art, including supplementary aids and/or substances to be used or applied, and a detailed description of any other service or services to be provided;
(8) A description of any other businesses to be operated on the same premises as the massage establishment, or on adjoining premises owned or controlled by the applicant;
(9) A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits, fixed structural internal features, interior rooms, walls, partitions, and restrooms. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale, or with marked dimensions to an accuracy of plus or minus six inches, and shall be sufficient to show clearly the various interior dimensions of all areas of the licensed premises and to demonstrate compliance with the provisions of this chapter. The requirements of this paragraph shall not apply for renewal applications if the licensee adopts a diagram that was previously submitted for the license sought to be renewed, and if the licensee certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licensed premises. The approval or use of the diagram required pursuant to this paragraph shall not be deemed to be, and shall not be interpreted or construed to constitute any other approval required pursuant to applicable city ordinances and regulations;
(10) A statement that the applicant authorizes the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license, and that the applicant further agrees that, if a license is issued, all facilities in connection with the massage establishment shall be subject to inspection and approval by the reviewing agencies, and that such facilities shall comply in all respects with all applicable codes and ordinances of the city and such reviewing agencies;
(11) A written declaration, dated and signed by the applicant under penalty of perjury, that all information contained in the application istrue and correct;
(12) A written and sworn declaration that the applicant has read this chapter and all provisions of the city’s zoning code applicable to massage establishments, that the applicant is familiar with their terms and conditions, and that the licensed premises, the proposed massage establishment, and its proposed operation and employees are and shall be in compliance therewith; and
(13) Such other identification or information as may be necessary to determine the truth of the information concerning the applicant or the massage establishment.
(B) The following information shall be furnished for the individual making the application, and as follows:
(1) For a corporation, for each director, officer, and manager, and every individual or person owning or controlling more than 10% of the voting shares;
(2) For a partnership (general or limited), joint venture, association, firm, limited liability corporation, or any other legal entity or combination of individuals authorized to do business in the State of Illinois, for each officer, manager, partner, including each limited partner, or each other individual or person entitled to share in more than 10% of the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization:
(a) Name, address and telephone number, and the percentage of voting shares and/or profits, if applicable;
(b) The business, occupation or employment of the individual for the three years immediately preceding the date of the application;
(c) Two previous addresses immediately prior to the individual’s present address;
(d) Proof that the individual is at least 18 years of age;
(e) Height, weight, color of eyes and hair, and sex;
(f) Copy of some form of official identification issued by a governmental entity, such as a driver’s license;
(g) For the named applicant only, the names, current addresses and written statements of at least three bona fide permanent residents of the United States that such individual is of good moral character; provided that if possible, such statements should be first furnished from residents of the city, then of DuPage County, then of the State of Illinois, and lastly from the remainder of the United States; and further provided that such statements shall not be from relatives or business associates of the applicant;
(h) One front-face portrait photograph, which must have been taken within 30 days prior to the date of the application, and must be at least two inches by two inches;
(i) A complete set of fingerprints which shall be taken by the Chief of Police or a designee;
(j) A statement of all criminal convictions other than misdemeanor traffic violations, including all specified criminal acts, as defined herein, and including the dates of convictions, nature of the crimes and place convicted;
(k) All other names used by and by which the individual is known, including aliases and nicknames; and
(1) Such other identification or information as may be necessary to determine the truth of the information concerning the individual.
(C) Upon completion of the application form and the furnishing of a $500 non-refundable annual license fee, the City Clerk or a designee shall either accept the application and shall, within five working days, refer copies thereof to the reviewing agencies for their investigation, or the City Clerk or a designee shall, within five working days, return any application deemed to be incomplete, with a written explanation of the additional information needed. Any application for a massage establishment license that does not include all of the information, documents and fees required by this section, shall be deemed to be incomplete and shall not be processed or acted upon by the city. Once the City Clerk or a designee has received a complete application and has referred copies thereof to the reviewing agencies, such agencies shall, within 45 days, inspect the premises proposed to be operated as a massage establishment, and investigate the individuals identified pursuant to divisions (A) and (B). The applicant for a massage establishment license shall fully cooperate in the inspections and investigations conducted by the reviewing departments. The applicant’s failure or refusal to:
(1) Give any information reasonably relevant to the investigation of any individual identified pursuant to divisions (A) and (B);
(2) Allow the premises to be inspected;
(3) Appear at any reasonable time and place for examination under oath regarding the application; or
(4) Otherwise cooperate with the required investigation and inspection, shall constitute an admission by the applicant that the applicant is ineligible for a massage establishment license and shall be grounds for denial of the requested license.
(Ord. 09-44, passed 2-23-10)