For the purposes of this chapter, the following terms shall have the following definitions:
BODYWORKS AND PRACTICE OF BODYWORKS: Any method of applying pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the human epidermis of another living human, by an individual with or without the aid of any mechanical or electrical apparatus or appliance, and with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations, when the foregoing is performed for any commercial purpose, regardless of who pays or receives the consideration therefor, and regardless of the form of consideration, which includes, but is not limited to, money in the form of salary, wages, tips and gratuities.
Bodyworks includes, but is not limited to, the following practices: accupressure, Alexander technique, Asian bodywork, craniosacral therapy, Feldenkrais, jin shin acutouch, jin shin do bodymind acupressure, jin shin jyutsu, manual lymphatic drainage, myofascial release therapy, orthobionomy, polarity therapy, reflexology, reiki, Rolfing, shiatsu, therapeutic touch, Trager approach, and trigger point therapy. The term "bodyworks" excludes, however, the practice of massage, massage therapy or the like, for which a massage license has been issued to the practitioner by the state of Illinois department of professional regulation.
BODYWORKS ESTABLISHMENT: Any proprietorship, corporation, limited partnership, general partnership, limited liability company or any other organization, having a source of income or compensation derived directly or indirectly from the practice of bodyworks.
BODYWORKS PRACTITIONER: Any natural person who performs bodyworks.
CITY: The city of Warrenville, an Illinois body politic and corporate.
CONVICTION AND CONVICTED: Shall include any plea of guilty, finding of guilty, plea of nolo contendere, and dispositions of probation, supervision and the like, without regard to whether such dispositions are otherwise treated as convictions.
ENFORCEMENT OFFICER: The city administrator of the city, or any person employed by the city whom the city administrator assigns to perform the duties of the enforcement officer in his or her absence. This definition shall not be construed to limit the authority of the city administrator or the city council to direct the enforcement of various provisions of this chapter as may be deemed appropriate.
EXCRETORY FUNCTIONS: Urination, defecation, lactation, ejaculation and menstruation. It shall not mean urination and defecation performed in a public or employee only restroom in the manner in which those facilities are intended to be used, and when not performed or presented for a commercial purpose. It shall not mean lactation as part of breast feeding an infant, unless performed or displayed for a commercial purpose other than education and training in the art, science or technique of breast feeding an infant.
NUDITY OR NUDE: Exposing to view specified anatomical areas or any device, costume, or covering that gives the appearance of or simulates any specified anatomical areas.
PATRON: Any person who receives a bodyworks service.
SEMINUDITY OR SEMINUDE: Exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
SPECIFIED ANATOMICAL AREAS: The human genitals, pubic area, perineum, anus, anal cleft or cleavage, pubic hair, any portion of the areola of the female breast if less than fully and opaquely covered; and the male genitals in a discernibly turgid state, even if entirely covered by an opaque covering. In determining whether any of the foregoing portions of the anatomy are fully and opaquely covered, coverage by makeup, paint, or similar matter applied directly to the skin, shall not be considered to be fully and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY: A. Any of the following offenses, as set forth in the Illinois criminal code of 1961, as amended, or any substantially similar offenses to those set forth below under the criminal or penal code of any local jurisdiction, state, country, or international law: indecent solicitation of a child, indecent solicitation of an adult, adultery, fornication, public indecency, sexual exploitation of a child, custodial sexual misconduct, presence within school zone by child sex offenders prohibited, sexual relations within families, bigamy, marrying a bigamist, prostitution, solicitation of a sexual act, soliciting for a prostitute, soliciting for a juvenile prostitute, pandering, keeping a place of prostitution, keeping a place of juvenile prostitution, patronizing a prostitute, patronizing a juvenile prostitute, pimping, juvenile pimping, exploitation of a child, obscenity, child pornography, commercial film and photographic print processor - reports, harmful material, tie-in sales of obscene publications to distributors, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, criminal transmission of HIV, ritualized abuse of a child, female genital mutilation, violation of the sex offender registration act, stalking (if the basis of the conviction is the threat of immediate or future sexual assault, or placing a person in reasonable apprehension of immediate or future sexual assault), first degree murder (if the basis for the conviction is 720 Illinois Compiled Statutes 5/9-1(a)(3), commonly known as felony murder, where the predicate felony is any felony otherwise set forth in this definition), burglary (if the basis for the conviction is an intent to commit any felony otherwise set forth in this definition), residential burglary (if the basis for the conviction is an intent to commit any felony otherwise set forth in this definition), armed violence (if the basis for the conviction is an intent to commit any felony otherwise set forth in this definition), attempt to commit any of the foregoing crimes, conspiracy to commit any of the foregoing crimes, and any other felony or misdemeanor for which an element of the offense is the commission of any of the foregoing crimes or an intent to commit any of the foregoing crimes.
B. For which: 1) less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor, business offense or petty offense; or 2) less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
C. The fact that a conviction is being appealed shall not prevent such conviction from constituting a "specified criminal activity" as defined herein.
SPECIFIED SEXUAL ACTIVITIES: Any of the following, whether actual or simulated:
A. The fondling or other erotic touching of human genitals, pubic area, perineum, anus, anal cleft or cleavage, pubic hair, buttocks, or female breasts, regardless of whether the massage therapist or patron is clothed, in a state of nudity or in a state of seminudity;
B. Sex acts, normal or perverted, heterosexual, homosexual or bisexual, including, without limitation, intercourse, fellatio, cunnilingus, anilingus, masturbation, bestiality, sodomy, bondage and discipline, sadism and masochism, and any other act intended to cause sexual arousal;
C. Sex acts between animals when offered or displayed for the purpose or with the intent of causing the sexual arousal of a human viewer.
TRANSFER OF OWNERSHIP OR CONTROL OF A BODYWORKS ESTABLISHMENT: Shall mean one of the following:
A. The sale, lease, or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
C. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfers by bequest or other operation of law upon the death of the person or business entity possessing the ownership or control. (Ord. 1853, 6-19-2000; amd. Ord. 2197, 2-22-2005)
The Enforcement Officer shall be responsible for the administration and interpretation of this chapter. In the performance of his/her duties, the Enforcement Officer may delegate or refer to the appropriate City official, staff, department or division, such as, but not limited to, the Director of Community and Economic Development, the Zoning Department or official, the Building Department or official, and/or the Police Department, the enforcement of any provisions of this Code, the investigation of any applicant or the inspection of any premises for which a license is sought, or the implementation of any other act or action authorized under this chapter. (Ord. 1853, 6-19-2000; amd. Ord. O2018-10, 3-19-2018)
A. Bodyworks Establishment License Required: Unless a valid and current bodyworks establishment license, granted pursuant to the authority of this chapter, is held by a bodyworks establishment, it shall not:
1. Receive any consideration for the performance of a bodyworks treatment by or for any person; and/or
2. Permit, authorize or encourage, any person, employee, independent contractor, partner, officer, director, agent, member or other person having any form of ownership or control of the bodyworks establishment, to engage in the practice of bodyworks.
B. Bodyworks Establishment License For Each Location: A valid and current bodyworks establishment license shall be required for each location where bodyworks is performed.
C. Bodyworks Practitioner License Required: No person shall practice bodyworks, whether as an employee of a bodyworks establishment or otherwise, without a valid and current bodyworks license issued pursuant to the authority of this chapter. Bodyworks practitioner licenses shall be issued only to natural persons. (Ord. 2197, 2-22-2005)
D. Exemptions From Licensing: The following persons and organizations shall be exempt from the licensing requirements of this chapter, under the following circumstances. Any person having a valid and current license from the state of Illinois for the practice of:
1. Acupuncture, pursuant to the acupuncture practice act, provided they are performing acts for which they are so licensed;
2. Athletic trainer, pursuant to the Illinois athletic trainers practice act, provided they are performing acts for which they are so licensed;
3. Dentistry, pursuant to the Illinois dental practice act, provided they are performing acts for which they are so licensed;
4. Hearing instrument dispenser, pursuant to the hearing instrument consumer protection act, provided they are performing acts for which they are so licensed;
5. Home medical equipment and services provider, pursuant to the home medical equipment and services provider license act, provided they are performing acts for which they are so licensed;
6. Hospitals and nursing homes licensed by the state of Illinois;
7. Medicine, including chiropractic, osteopathy and allopathy, pursuant to the medical practice act of 1987, and the osteopathic and allopathic healthcare discrimination act, provided they are performing acts for which they are so licensed;
8. Naprapathy, pursuant to the naprapathic practice act, provided they are performing acts for which they are so licensed;
9. Nursing, pursuant to the nursing and advanced practice nursing act, provided they are performing acts for which they are so licensed;
10. Occupational therapy, pursuant to the Illinois occupational therapy practice act, provided they are performing acts for which they are so licensed;
11. Optometry, pursuant to the Illinois optometric practice act of 1987, provided they are performing acts for which they are so licensed;
12. Physical therapy, pursuant to the Illinois physical therapy act, provided they are performing acts for which they are so licensed;
13. Physician assistant, pursuant to the physician assistant practice act of 1987, provided they are performing acts for which they are so licensed;
14. Podiatry, pursuant to the podiatric medical practice act of 1987, provided they are performing acts for which they are so licensed;
15. Respiratory care, pursuant to the respiratory care practice act, provided they are performing acts for which they are so licensed; (Ord. 1853, 6-19-2000)
16. Massage therapist, pursuant to the massage licensing act, provided they are performing acts for which they are so licensed; (Ord. 2197, 2-22-2005)
17. Any other person licensed by the state of Illinois, provided they are performing acts for which they are so licensed.
E. Requirements For Licensing: An applicant must complete and return an application for a bodyworks practitioner license or a bodyworks establishment license. (Ord. 1853, 6-19-2000; amd. Ord. 2197, 2-22-2005)
1. Bodyworks Practitioner License: No person shall receive a bodyworks practitioner license unless he or she is at least eighteen (18) years of age and has complied with the training/licensing requirements set forth in subsection E1i of this section. An application for a bodyworks practitioner license shall request and the applicant shall provide the following information: (Ord. 2197, 2-22-2005)
a. Name, including any aliases or nicknames;
b. A recent photograph clearly showing the applicant's face;
c. Residence address, and the length of time applicant has resided at such address;
d. Telephone number;
e. Driver's license number, along with a clear photocopy of said driver's license;
f. Social security number;
g. Date of birth;
h. A complete listing of any and all specified criminal activities of which the applicant has been convicted; (Ord. 1853, 6-19-2000)
i. Written evidence which shall be attached to the application that the applicant has:
(1) Been approved by the governing body of his or her particular type of bodyworks practice on a minimum level of training, demonstration of competency, and adherence to ethical standards; or
(2) Successfully completed a course of training in bodyworks, by a school accredited and approved by the Illinois state board of education; or
(3) Successfully passed the national certification exam for the particular type of bodyworks practiced by the individual and offered by its governing body;
j. Written evidence of full membership in the Associated Bodywork & Massage Professionals; (Ord. 2197, 2-22-2005)
k. A nonrefundable registration fee of fifty dollars ($50.00) payable to the city upon submission of application. (Ord. 1893, 1-15-2001)
2. Bodyworks Establishment License: An application for a bodyworks establishment license shall request and the applicant shall provide the following: (Ord. 2197, 2-22-2005)
a. The name, including nicknames and aliases, residence address, telephone number and date of birth of the sole proprietor, general or limited partners, officers, directors, shareholders owning ten percent (10%) or more of the common stock, members and managers, of any applicant, and of the person or people who will run the day to day operations of the proposed establishment, along with a recent photograph of each of the foregoing people, clearly showing their face;
b. A complete list of any convictions or pleas of nolo contendere to any specified criminal activity of any sole proprietor, general or limited partners, officers, directors, shareholders owning ten percent (10%) or more of the common stock, members, managers, and person or people who will run the day to day operations of the proposed establishment; (Ord. 1853, 6-19-2000; amd. Ord. 2197, 2-22-2005)
c. The location of the bodyworks establishment;
d. A drawing of the proposed location and building of the bodyworks establishment, showing all dimensions, accurate to within one foot (1');
e. A description of any activities other than bodyworks which has been or will be conducted at said location; and (Ord. 2197, 2-22-2005)
f. A current certificate of inspection for the premises from the DuPage County board of health. (Ord. 1853, 6-19-2000)
3. Other Application Requirements: Each applicant for a bodyworks practitioner license and each sole proprietor, general or limited partners, officers, directors, shareholders owning ten percent (10%) or more of the common stock, members, managers, and person or people who will run the day to day operations of any business organization applying for a bodyworks establishment license shall present themselves to the Warrenville chief of police and submit their fingerprints for the purpose of completing a criminal background investigation. No bodyworks practitioner license shall be issued to any person who has been convicted of or pled nolo contendere to any specified criminal activity. No bodyworks establishment license shall be issued to any business organization or individual if any sole proprietor, general or limited partners, officers, directors, shareholders owning ten percent (10%) or more of the common stock, members, managers, or person or people who will run the day to day operations of any business organization have been convicted of or pled nolo contendere to any specified criminal activity, or is not eighteen (18) years of age. No bodyworks practitioner license or bodyworks establishment license shall be issued to any person or business organization if the person or the business organization's sole proprietor, any general or limited partners, officers, directors, shareholders owning ten percent (10%) or more of the common stock, members, managers, or any person or people who will run the day to day operations of any business organization, have had a bodyworks practitioner license or bodyworks establishment license revoked within five (5) years prior to the date of the application. (Ord. 2197, 2-22-2005)
F. Processing Of Application:
1. An application shall not be considered proper or filed until all information and material required of the applicant has been submitted, including fingerprints.
2. Upon receipt of a proper and complete application, the enforcement officer shall investigate the information contained in the application and shall determine whether the applicant and premises designated, if applicable, are in full compliance with all applicable laws and ordinances of the city.
3. The enforcement officer shall complete the investigation required by this chapter and if the applicant is qualified to receive a license, and has paid the fee, the enforcement officer shall issue a license within thirty (30) days of the date a completed application has been filed. If the Warrenville chief of police has not completed his investigation within said time, and the applicant is otherwise entitled to receive a license, the enforcement officer shall issue a temporary license which may be revoked by the enforcement officer upon finding that the criminal history of the applicant is in violation of this chapter. Revocation of a temporary license shall be treated like a denial of a license application, and there shall be no stay pending appeal. (Ord. 1853, 6-19-2000)
4. If the applicant is not qualified to receive a license as set forth in this chapter, the enforcement officer shall notify the applicant in writing, setting forth the reason(s) for the denial, and shall serve the written denial on the applicant by placing it in a United States postal service box, certified mail, postage prepaid, directed to the home address, if the applicant sought a bodyworks practitioner license, and at the business address if the applicant sought a bodyworks establishment license, as set forth in the application, on or before thirty (30) days after a proper and completed application was filed with the enforcement officer.
5. Upon the issuance of a bodyworks practitioner license, the enforcement officer shall issue the licensee an identification badge bearing a photograph of the licensee's face.
G. Transfers Of Licenses: Any transfer or attempted transfer of any bodyworks establishment license or any bodyworks practitioner license, whether by an individual or pursuant to a transfer of ownership control in a corporation or other business entity, shall be ineffective and void. (Ord. 2197, 2-22-2005)
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