A. Cleanliness: Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated under sanitary conditions.
B. Clothing: A massage establishment shall require its employees, agents and independent contractors to wear clean, nontransparent outer garments covering their sexual and genital areas while on the licensed 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 licensed 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 and any penalty set forth in this Code.
C. Sheets And Towels: A massage establishment shall provide clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner.
D. Touching: No massage establishment shall allow its employees, agents and independent contractors to touch, or offer or agree to touch, the sexual or genital areas of any person while on its licensed 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 the breast area may be touched during clinical massage therapy for post-mastectomy scar tissue, including myofascial release therapy, or for therapeutic treatment of breast tissue and muscles for pre- and post-surgical mastectomy, lumpectomy, or breast reconstruction; and the perineal area of a woman may be touched for clinical perineal massage therapy for a pregnant woman to ease the pain of childbirth; and the lower abdominal area may be touched for clinical lower abdominal massage therapy to relieve reproductive or digestive related pain or dysfunction.
E. Body Coverage: 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 for therapeutic treatment of breast tissue and muscles for pre- and post-surgical mastectomy, lumpectomy, or breast reconstruction; during clinical perineal massage therapy for a pregnant woman to ease the pain of childbirth; and during clinical lower abdominal massage therapy to relieve reproductive or digestive related pain or dysfunction.
F. Maintenance: All walls, ceilings, floors, pools, showers, bath and steam rooms and any other physical facilities shall be in good repair, and maintained in a clean and sanitary condition.
G. Storage Of Preparations: Oils, creams, lotion and other preparation used in administering massages shall be kept in clean, closed containers or cabinets.
H. Entrance: A massage establishment shall 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 which is located in a facility that does not have any glass on the front of the licensed premises is required to notify the Village in writing of such condition.
I. No Habitation: No massage establishment shall allow its employees, agents and independent contractors to use the licensed premises for habitation.
J. Anti-Sexual Harassment Policy: Every massage establishment that employs massage therapists other than the license holder, shall develop, maintain and comply with a written anti-sexual harassment policy to protect employees, agents, and independent contractors against sexual assault and sexual harassment by clients. Such policy shall:
1. Encourage employees, agents, and independent contractors ("complaining employee") to immediately report to the licensee instances of alleged sexual assault and sexual harassment by clients ("offending client");
2. Describe the procedures that the complaining employee and licensee shall follow in such cases;
3. Instruct the complaining employee to cease work and to leave the immediate area where danger is perceived;
4. Permit the complaining employee to refuse to treat the offending client should the client return to the massage establishment in the future;
5. Provide the complaining employee with necessary paid time off to:
a. Sign a complaint with the Village's Police Department or other applicable law enforcement agency against the offending client; and
b. Testify as a witness at any legal proceeding that may ensue as a result of such complaint, if the complaining employee is still in the licensee's employ at the time such legal proceeding occurs;
6. Inform the complaining employee that the Illinois Human Rights Act, Cook County human rights ordinance and title VII of the Civil Rights Act of 1964 provide additional protections against sexual harassment in the workplace; and
7. Inform the employee that subsection 8-38-4J6 of this section makes it illegal for an employer to retaliate against any employee who reasonably alleges sexual assault or sexual harassment, or in good faith avails himself or herself of the requirements set forth in subsection 8-38-4J5 of this section, or discloses, reports or testifies about any violation of this section or rules promulgated thereunder.
K. Anti-Sexual Harassment Policy Provided To Employees: The establishment shall provide all employees with a current copy of the massage establishment's anti-sexual harassment policy in English and the native language of each employee, agent, and independent contractor, and post such policy in English and the native language of each employee, agent, and independent contractor in conspicuous places in areas of the establishment, such as supply rooms or employee lunch rooms, where employees, agents, and independent contractors can reasonably be expected to see it.
L. Anti-Trafficking Notice Required: Each licensed massage establishment which employs two (2) or more employees or independent contractors shall post a notice printed in English, and in the primary language that is spoken by said employees or independent contractors of the establishment if other than English which shall be at least 81/2 inches by 11 inches in size, written in 16-point font and shall provide as follows:
If you or someone you know is being forced to engage in any activity and cannot leave, whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity, call the National Human Trafficking Resource Center at 1-888-373-7888 to access help and services.
Victims of slavery and human trafficking are protected under the United States and Illinois law. The hotline is:
Available 24 hours a day, 7 days a week;
Toll Free;
Operated by non-profit non-governmental organization;
Anonymous and confidential;
Accessible in more than 160 languages; and
Able to provide help, referral to services, training and general information.
(Ord. 18-382, 7-9-2018)