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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)
(A) Unless exempted pursuant to § 119.03, no person shall engage in the business of operating a massage establishment within the city without a valid and current massage establishment license, issued by the city pursuant to the terms of this chapter, for each and every office or place of business conducted by such person in the city.
(B) No massage establishment shall employ, allow, permit or suffer any individual to perform massage or engage in the practice of massage therapy unless that individual holds a valid and current Illinois license for the practice of massage therapy, or has provided written documentation from the State of Illinois that such a license is not required for such individual.
(C) Unless exempted pursuant to § 119.03, no individual shall practice massage or engage in the practice of massage therapy in any establishment that is not a licensed massage establishment pursuant to the terms of this chapter.
(Ord. 09-44, passed 2-23-10) Penalty, see § 119.99
The following establishments shall not be considered massage establishments and shall not be subject to the requirements of this chapter:
(A) Medical care institution, as defined in § 119.01;
(B) Groups of qualified professionals, including chiropodists, osteopaths, chiropractors, registered nurses, practical nurses, occupational therapists, cosmeticians and estheticians, in a manner consistent with their training and the code of ethics of their respective professions, if the individuals engaged in the practice of massage therapy in such groups are licensed, registered or certified to practice in their respective professions in the State of Illinois;
(C) Any religious organization, or any park district, school district or other unit of local government if the individuals engaged in the practice of massage therapy are licensed to do so by the State of Illinois;
(D) Private or public schools, colleges or universities, or any athletic team regularly organized and engaging in competition, who employ athletic trainers;
(E) Schools or programs licensed by the State of Illinois or accredited by a national accrediting association in medicine, osteopathy, or any of the professional groups identified in division (B);
(F) Barber shops, beauty salons or other businesses engaged in cosmetology or aesthetics, including day spas as defined in this chapter, and employing individuals who practice under a valid license or certificate of registration issued by the State of Illinois as a barber or cosmetologist; provided that this exemption shall permit only normal and customary barber or cosmetologist services involving incidental physical contact, which would otherwise qualify as massage therapy, such as scalp rubs and facials. If such a barber shop, beauty salon or other business engaged in cosmetology or aesthetics, including days spas, also provides massage therapy beyond that which would be authorized by the professional state license or certification issued to an individual as a barber or cosmetologist, the individuals providing massage therapy shall be required to have a valid and current Illinois license for the practice of massage therapy, and the establishment shall be required to hold a license for a massage establishment pursuant to this chapter.
(Ord. 09-44, passed 2-23-10)
(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)
(A) Following the inspection and investigation of each reviewing agency, but in any event within 30 days from the receipt of any application for a massage establishment from the City Clerk or a designee, each such agency shall provide written findings to the City Clerk or a designee concerning whether the premises and the individuals identified in divisions (A) and (B) of § 119.04 are in compliance with all of the codes, ordinances and regulations of the city that each such agency is responsible to administer. It shall be the responsibility of the applicant to secure any necessary approvals from such reviewing agencies.
(B) The City Clerk or a designee shall issue a massage establishment license to the applicant if, based on the findings of the reviewing agencies, all the requirements for the license have been met. If, based on the agencies’ findings, all requirements for the license have not been met, the City Clerk or a designee shall deny a massage establishment license to the applicant in writing; provided, however, that no license shall be issued whenever:
(1) The correct license fee has not been tendered or, in the case of a check or bank draft, has not been honored with payment upon presentation;
(2) The operation of the massage establishment, as proposed by the applicant, would not, if permitted, comply with all applicable laws, including but not limited to the city’s building and zoning laws;
(3) Any individual identified in divisions (A) and (B) of § 119.04 has been convicted of any specified criminal act, as defined herein, or has been convicted of an offense outside the State of Illinois that would have constituted any such specified criminal act if committed within the State of Illinois; provided that, upon the recommendation by the Chief of Police or a designee, the City Clerk or a designee shall issue a license to an individual identified in division (B) has been convicted of any specified criminal act, but the Chief finds that such conviction occurred at least five years prior to the date of application, and the individual has had no subsequent convictions for such offenses;
(4) Any individual identified in divisions (A) and (B) of § 119.04 does not otherwise comply with the requirements of this chapter and any other applicable laws, codes, ordinances, rules, and regulations of the city, county or State of Illinois;
(5) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the application or in any document required by the city in conjunction therewith;
(6) Any individual identified in divisions (A) and (B) of § 119.04 has been denied a license for any business proposed to be operated as a massage establishment or similar business by the city or any other governmental entity, or has been denied a massage therapist license by the State of Illinois, or has had any such license revoked with the 12 months immediately preceding the application filed under this chapter, or is under suspension at the time of the application hereunder;
(C) The action taken by the City Clerk or a designee to issue or deny a massage establishment license shall be final and shall be subject to judicial review.
(D) Any person who is granted a license underthe provisions of this section shall notify theCity Clerk or a designee in writing of any change in any of theinformation required to be furnished as part of the application within ten days after such change occurs, including any change in the individual designated as the manager of the massage establishment premises or any massage therapist who is or will be employed on such premises, and shall provide the information required for such individuals in division (B) of § 119.04. Any new manager or massage therapist must comply with all requirements of this chapter and state law. Failure to provide such notice shall be deemed a violation of this chapter.
(Ord. 09-44, passed 2-23-10) Penalty, see § 119.99
All massage establishments must be located within the areas defined under the city’s zoning map as B-2, B-3 or B-5 zoning districts. No massage establishment shall be allowed in districts zoned as residential and, except for day spas, no massage establishment shall be located within 300 feet of any property zoned or, used as residential.
(Ord. 09-44, passed 2-23-10; Am. Ord. 13-1, passed 1-8-13) Penalty, see § 119.99
Each massage establishment licensee shall maintain a register of all persons employed at any time as massage therapists. Such register shall be available at the licensed premises to representatives of the Police Department during regular business hours.
(Ord. 09-44, passed 2-23-10) Penalty, see § 119.99
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