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HomeMy WebLinkAboutORDINANCE - 2662 - 9/22/1998 - MASSAGE ESTABLISHMENTS & THERAPISTSORDINANCE NO. 2662 AN ORDINANCE LICENSING MASSAGE ESTABLISHMENTS AND THERAPISTS BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, in the exercise of its home rule powers, as follows: Section 1: That Title 3 of the Village Code, Business and License Regulations, be and the same is hereby amended by adding thereto, a new Chapter which shall read as set forth in Exhibit A. attached hereto. Section 2: That Section 3-1-6, License Fees, be and the same is hereby amended by adding thereto annual licenses and fees for a Massage Establishment, a Certified Massage Therapist and a Massage Therapist in Training, said fees to be as set forth in Section 3-21-18 of the Ordinance Licensing Massage Establishments and Therapists, attached hereto as Exhibit A. Section 3: That any person firm or corporation violating any of the provisions of this Ordinance shall be subject to a fine of not less than $200.00 nor more than $1,000.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues to exist. Section 4: The Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 5: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES 6 NAYS p ABSENT p PASSED this 22nd day of September , 1998. APPROVED this 22nd day of September , 1998. APPROVED: Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk PUBLISHED this 25th day of September, 1998, in pamphlet form. EXHIBIT A CHAPTER 21 - MASSAGE ESTABLISHMENTS Section 3-21-1 Definitions'. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Certified Massase Therapist: An individual who has a minimum of 500 hours of courses and has received a diploma in the field of massage therapy from an educational institution accredited by a state board of education, or has passed the National Certification Examination for Therapeutic Massage and Bodywork (NCBTMB), administered by the National Certification Program for Therapeutic Massage & Bodywork, and is an active member of a nationally recognized massage therapy association, as a certified, professional, or equivalent level, offering degrees and/or certification in massage therapy. Emnloyee: Any person, including a certified massage therapist, and massage therapist in training who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons. Licensee: The operator of a massage establishment. Licensee Review Committee: The License Review Committee is a Committee composed of three (3) Trustees appointed by the Village President responsible for hearing appeals concerning the suspension or revocation of a massage establishment license or the license for a Massage Therapist or a Massage Therapist in Training. Massase: Any method of pressure on or friction against or stroking, kneaoing, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other preparations. Massage Establishment: Any establishment having a fixed place of business where any person, firm, associations or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in this Article. Massase Therapist in Trainins: An individual who is actively enrolled and who has completed a minimum of 250 hours of courses in the field of massage therapy in an educational institution accredited by the Illinois State Board of Education, and is working under the direct supervision of a licensed certified massage therapist. Out -call Massase Service: Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than a massage establishment. Person: Any individual, partnership, firm association, joint stock company, corporation or combination of individuals of whatever from or character. Sexual or Genital Area: Genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female. Section 3-21-2 License Reauired: It shall be unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises in the Village, the operating of a massage establishment as herein defined, without first having obtained a business license for a massage establishment. Section 3-21-3 Business License and Filing Fee for Massage Establishments: A. Every applicant for a license to maintain, operate, or conduct a massage establishment shall file an application in duplicate with the Village Clerk upon a form provided by said Village Clerk and pay a non-refundable application fee, plus the annual business license fee for a massage establishment. B. The Village Clerk shall refer copies of such application to the Department of Engineering and Community Development, the Police Department, the Fire Department and the Health Department. The appropriate departments shall inspect the premises proposed to be operated as a massage establishment, make an investigation of the application and make written recommendations to the Village Clerk concerning compliance with Village codes and Federal and State law. C. Within 30 days of receipt of the recommendation of the aforesaid departments, the Village Clerk shall notify the applicant that his application is granted, denied, or held for further review. The period of such additional review shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional review, the Village Clerk shall advise the applicant in writing whether the application is granted or denied. D. Whenever an application is denied or held for further review, the Village Clerk shall advise the applicant of the reasons for such action. An application may be denied by the Village Clerk if he/she finds: I . That the operation, as proposed by the applicant, if permitted, would not have complied with the applicable Federal, State and local laws, including but not limited to the Building, Fire, Health and Zoning codes of the Village, or That the applicant and/or any other person who will be directly engaged in the management and operation of a massage establishment has been convicted within the previous 10 years of a. A felony; b. An offense involving sexual misconduct with children; or c. Soliciting for a prostitute, pimping, prostitution, or misdemeanor involving moral turpitude. E. The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application, or his refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or his refusal to submit to or cooperate with any inspection required by this Chapter shall constitute an admission by the applicant that he/she is ineligible for such license and shall be grounds for denial thereof by the Village Clerk. Section 3-21-4 Massaee Establishment License Application A. The application for a license to operate a massage establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therefore, the proposed number of employees, hours of operation and other relevant matters to the operation of the business. B. In addition to the foregoing, any applicant for a license, including any partner of a partnership applicant, and any officer or director of a corporate applicant and any stockholder holding more than ten percent (10%) of the stock of a corporate applicant, shall furnish the following information: 1. Name and address; 2. Written proof that the individual is at least 18 years of age, 3. All residential addresses for the past three (3) years; 4. Date of birth; 5. Social Security number; 6. Driver's license number; 7. The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application; 8. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefore, and the business activity or occupation subsequent to such action of suspension or relocation; 9. All criminal or Village Ordinance violation convictions, and forfeiture of bond, except minor traffic violations; 10. The fingerprints and photograph of applicant which shall be taken at the Police Department; 11. If the applicant is a corporation, a copy of its Articles of Incorporation and/or permission to do business in Illinois shall be attached; and 12. The applicant's tax identification number. C. The application for a license to operate a massage establishment shall state the name(s) of the individual(s) who will be the establishment's certified massage therapist(s), and/or massage therapist in training. For certified massage therapist(s) said application shall be accompanied by a copy of the diploma issued to any such certified massage therapist. In addition, a certified copy of the academic transcript of any such certified massage therapist and/or massage therapist in training shall be forwarded to the Village Clerk directly from the educational institution issuing said certified massage therapy diploma or showing active enrollment. Section 3-21-5 Issuance of Massage Establishment License A. Upon receipt of the recommendations of the departments referred to in this Chapter, the Village Clerk shall issue a business license to maintain a massage establishment. B. The license holder may allow independent contractors to use or work on the premises as certified massage therapists or massage therapists in training if said independent contractors are licensed by the Village. The licensee shall be responsible for the conduct of the independent contractor in the same manner as if the independent contractor were an employee of the licensee. Section 3-21-6 Revocation or Suspension of Massage Establishment License Any license issued for a massage establishment may be suspended by the Village Manager for up to 30 days or suspended with a recommendation to revoke upon written notice to the license holder, which notice will state a basis or charge. The license holder may request a hearing in writing within ten (10) days of receipt of the notice before the License Review Committee. To appeal an order of suspension or challenge and appeal the recommendation to revoke, the License Review Committee shall conduct the hearing for good cause or in any case where any of the provisions of this Chapter are violated or any employee of the permittee, including a certified massage therapist or a massage therapist in training, is engaged in any conduct at licensee's place of business which violates any of the provisions of this Chapter or any State law, or where any applicant has made a false statement on an application for a license under this Chapter or in any case where the licensee refused to permit any duly authorized police officer or inspector of the Village to inspect the premise or the operations therein. Such license may also be suspended by the Village Manager, upon the recommendations of the health officer that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene. The licensee shall be permitted to present any relevant evidence bearing on the notice. The decision of the License Review Committee shall be a final order. Section 3-21-7 Requirement of Employing Certified Massage Therapist It shall be unlawful to engage in, conduct, operate, carry on or permit to be engaged in, conducted, operated or carried on, in or upon any premises in the Village, the business of a massage establishment without having at least one certified massage therapist employed. A Section 3-21-8 Certified Massage Therapist and Massage Therapist in Training License Any person, including an applicant for a massage establishment license who engages in the practice of massages herein defined, or is a massage therapist in training, shall file an application for a certified massage therapist license, or a massage therapist in training license, with the Village Clerk upon a form provided by said Village Clerk and shall pay a non-refundable application fee and a fee for a certified massage therapist license, or a massage therapist in training license and the actual cost of processing fingerprints as required in this Chapter, to the Village Clerk. The license and application fee shall be waived when the massage therapist is the primary applicant on the massage establishment, has paid the appropriate massage establishment application fees and has been issued a duly authorized massage establishment license. Section 3-21-9 Application for Certified Massage Therapist License and Massage Therapist in Training. The application for a certified massage therapist license and massage therapist in training license shall supply the following information: a. Name and residence address; b. Date of Birth; c. Social security number and driver's license number, if any, d. Applicant's weight, height, color of hair and eyes, e. Written evidence that the applicant is at least 18 years of age; f Business, occupation, or employment of the applicant for the three years immediately preceding the date of application; g. The business where the applicant intends to work; h. A statement whether the applicant has ever been arrested or convicted on a charge of committing any crime except minor traffic violations. If the answer is in the affirmative, a statement must be made giving the place and the court in which such conviction, plea or forfeiture was obtained and the disposition or sentence imposed as a result thereof i. The applicant shall submit fingerprints and a photograph of the applicant to be taken at the Police Department; j. A diploma from an educational institution accredited by a State Board of Education or a certificate from having passed the National Certification Examination for Therapeutic Massage and Bodywork (NCBTMB), and proof of being an active member of a nationally recognized massage therapy association, as a certified, professional or equivalent level, or with respect to a massage therapist in training, evidence that they are actively enrolled in the field of massage therapy in an educational institution accredited by the Illinois State Board of Education. Section 3-21-10 Issuance of Certified Massage Therapist or Massage Therapist in Training License Within 30 days of receipt of an application for a certified massage therapist or massage therapist in training license, the Village Clerk shall notify the applicant that the application is granted, denied or held for further review. The period of further review shall not exceed an additional 30 days unless agreed to by the applicant. Upon conclusion of such additional review, the Village Clerk shall advise the applicant in writing whether the application is granted or denied. Section 3-21-11 Revocation of Certified Massage Therapist or Massage Therapist in Training A. A certified massage therapist or massage therapist in training license issued by the Village Clerk may be revoked or suspended when it appears that the therapist has been convicted of any offenses which would be cause for denial of a license permit upon an original application, has made a false statement on an application for a license, or has committed an act in violation of this Federal or State law, or this local ordinance. B. The Village Manager, in revoking or suspending a certified massage therapist or massage therapist in training license shall give the license holder a written notice specifying the grounds therefore. Such person may within ten (10) days of such revocation or suspension file a written request with the Village Manager for a hearing before the License Review Committee. The decision of the License Review Commitee upon such hearing, shall be a final order. Section 3-21-12 Necessary Massage Establishment Facilities A. No massage establishment shall be issued a license nor be operated, established or maintained in the Village unless an inspection by the health officer and/or other Village inspections reveal that the establishment complies with each of the following minimum requirements: 1. Construction of room used for toilets, tubs, steam bather, and showers shall be made waterproof with approved waterproof materials and shall be installed in accordance with the codes of the Village, 2. Massage tables, bathtubs, shower stalls, steam or bath areas and floors, if present as required by State Law or local code or otherwise, shall have surfaces which may be readily disinfected, 3. In the event bathing, dressing and locker facility shall be provided for the patrons to be served at any given time, then, and in that event, separate bathing, dressing and locker facilities shall be provided for the male and the female patrons. 4. The premises shall have adequate equipment for disinfecting and sterilizing non -disposable instruments and materials used in administering massages. Such non -disposable instruments and materials shall be disinfected after use of each 0 patron; 5. Closed cabinets shall be provided and used for storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage area; Toilet facilities for patrons and employees shall be installed, where required, in accordance with the Illinois Plumbing Code. 7. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels. 8. The premises shall be equipped with a service sink for custodial services; and 9. A stationary or portable professional massage table or chair with appropriate headrest. B. The health officer shall certify that the proposed massage establishment complies with all the requirements of this Section of this Chapter and shall send such certificate to the Village Clerk. Section 3-21-13 Oaeratina Requirements A. Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition. B. Price rates for all services shall be prominently posted or provided in brochures in the reception area in a location available to all prospective customers. C. All employees, including certified massage therapists and massage therapists in training, shall be clean and fully covered in clean clothing from a point not to exceed four inches above the center of the kneecap to the base of the neck by opaque material, excluding the arms and hands. D. All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof land stored in a sanitary manner. E. The sexual or genital area of patrons must be covered by sheets, cloths or undergarments when in the presence of an employee or certified massage therapist and massage therapist in training. F. It shall be unlawful for any person, knowingly, in a massage establishment to place his hand upon, or to touch with any part of his/her body, to fondle in any manner, or to massage a sexual or genital area of any other person. G. No certified massage therapist or massage therapist in training, employee or operator shall perform, offer, or agree to perform any act which would require the touching of a patron's genital area. H. All walls, ceilings, floors, pools, shower, bathtubs, steam rooms, and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned after each day the business is in operation. Bathtubs and showers shall be thoroughly cleaned. When carpeting is used on the floors, it shall be kept dry. 1. Oils, creams, lotions or other preparations used in administering massages shall be kept in clean containers or cabinets and shall be dispensed in unit doses so that said bulk containers are not contaminated between clients. J. Eating and/or drinking in the massage work area shall not be permitted. Animals, except for seeing eye dogs, shall not be permitted in the massage work area. K. No certified massage therapist or massage therapist in training shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption unless a physician duly licensed by the state certifies in writing that such person may be safely massaged, prescribing the conditions thereof. L. Each certified massage therapist or massage therapist in training shall wash his or her hands in hot running water, using a proper soap disinfectant before administering a massage to each patron. M . Massage may be practiced only for the purposes of physical fitness, relaxation, or medical therapy. The practice of massage for any other purpose is prohibited. N. The hours of operation for massage establishments shall be limited to between 6:00 a.m. and 9:00 P.M. O. The doors to the individual massage rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side. P. All massages performed on the premises must be given by a certified massage therapist or massage therapist in training who has first obtained a license under this Article. Q. It shall be unlawful for any owner, proprietor, manager or other person in charge of any massage establishment to employ for the purpose of or allow any employee to perform any act of massage unless that person or employee is a certified massage therapist or massage therapist in training duly issued a license under this Article. Section 3-21-14 Out -Call Massage Service A certified massage therapist, licensed herein, may provide any of the services listed in this Chapter at locations other than the main place of business of the licensee provided that, all massages performed by the licensed therapist must be performed in the manner described in this Chapter, where applicable Section 3-21-15 Inspection The Village Health Officer, or his/her authorized designee, shall from time to time, and at least twice a year, make an inspection of each massage establishment granted a license under the provision of this Article for the purposes of determining that the provisions of this Article are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. Section 3-21-16 Employment Age Restrictions It shall be unlawful for any owner, proprietor, manager or other person in charge of any massage establishment to employ any person who is not at least 18 years of age. Section 3-21-17 Identification Card Required. The Village Clerk or his/her authorized designee, shall provide each certified massage therapist and massage therapist in training granted a license with an identification card which shall contain a photograph of the certified massage therapist and the full name and permit number assigned to said certified massage therapist, which must be worn on the front of the outermost garment at all times during the hour of operation of any establishment granted a permit pursuant to this Chapter. The identification card shall not be covered in any fashion or hidden. Section 3-21-18 License Fees/Term/Application Fee A. Fees - The annual license fee for a massage establishment license, a certified massage therapist and a massage therapist in training shall be as follows: 1. Massage Establishment License $250.00 2. Certified Massage Therapist $ 50.00 3. Massage Therapist in Training $ 25.00 B. Term - All licenses shall commence on January 1 st and expire on December 31 st of each year. C. Initial Application Fee - Every initial applicant for a license to operate a massage establishment or for a massage therapist or a massage therapist in training shall file an application with the Village Clerk upon a form provided by the Village and pay a non-refundable application fee as follows: 1. Massage Establishment $150.00 2. Certified Massage Therapist $ 75.00 3. Massage Therapist in Training $ 50.00 If the application is approved, the application shall be so notified and the annual license fee for the first year shall be submitted to the Village prior to the issuance of the license. Section 3-21-19 Exemptions This Chapter shall not apply to other units of government, hospitals, nursing homes, sanitaria, or persons holding an unrevoked certificate to practice the healing arts under the laws of the state or persons working under the direction of any such persons or in any such establishments; nor shall this Chapter apply to massages of the face, head, neck or shoulders given by barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state. The exemption provided by this Section for barbers and cosmetologists shall only apply where massages are offered as an adjunct to, and not as the primary business practice of, said barbers or cosmetologists' business with the Village. Section 3-21-20 Public Nuisance Any building used as a massage establishment in violation of this Article with the intentional knowing, reckless or negligent permission of the owner thereof; or the agent of the owner managing the building, together with all fixtures and other property used in violation of this Chapter are hereby declared to be a nuisance. Section 3-21-21 Penalty Any person firm or corporation who violates any of the provisions of this Chapter shall be subject to a tine of not less than $200.00 nor more than $1,000.00 for each violation and a separate violation shall be deemed committed on each day a violation occurs or continues to exist. In addition to any fine, the Village may proceed in Housing Court in the Circuit Court of Cook County Third Municipal District, to enjoin the conduct violating the provisions of this Ordinance or enjoin the occupancy of the building wherein the illegal activity is continuing to occur or obtain such other equitable relief as is deemed necessary under the circumstances. 10