HomeMy WebLinkAboutG25-97 Ordinance No. G25-97
AN ORDINANCE
AMENDING CHAPTER 6 . 31 OF THE ELGIN MUNICIPAL CODE, 1976 , AS
AMENDED, ENTITLED "MASSAGE ESTABLISHMENTS AND MASSAGE SERVICE"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS :
Section 1 . That Chapter 6 . 31 of the Elgin Municipal
Code, 1976 , as amended, entitled "Massage Establishments and
Massage Service" be and is hereby further amended to read as
follows :
6 . 31 .010 DEFINITIONS .
For the purposes of this chapter, the following
words and phrases shall have the meanings
respectively ascribed to them by this section:
A. "Employee" means any and all persons other than
the masseurs or masseuses, who render any
service to the permittee, who receive
compensation directly from the permittee, and
who have no physical contact with customers and
clients .
B. "Massage" or "therapeutic massage" means any
method of pressure on or friction against or
stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of the external soft
parts of the body with the hands or with any
mechanical or electrical apparatus or
appliance, with or without such creams, lotions
ointments or other similar preparations
commonly used in this practice.
C. "Massage establishment" means any establishment
having a fixed place of business where any
person, firm, association or corporation
engages in, or carries on, or permits to be
engaged in or carried on any of the activities
mentioned in Section 6 . 31 .010(B) of this
chapter.
D. "Masseur or masseuse" means any person who, for
any consideration whatsoever, engages in the
practice of therapeutic massage as defined
above and who provides proof of one of the
following:
1 . Proof of active member status in a
professional Massage Therapy Organization as
defined in Section 6 . 31 .010I, or
2 . Graduation and Completion of a professional
level entry program which consist of 500 hours
or more of in-classroom study and 100 hours or
more of clinical experience in a "recognized
school" , as defined in Section 6 . 31 .O10H, or
3 . Having passed the National Certification
Examination for Therapeutic Massage and
Bodywork (NCETMB) , administered by the National
Certification Program for Therapeutic Massage &
Bodywork, which is approved by the National
Commission for Certifying Agencies (NCCA) , the
accrediting arm of the National Organization
for Competency Assurance (NOCA) , or any other
examination exhibiting proficiency in Massage
Therapy/Bodywork approved by the State of
Illinois, or a federal certifying agency.
E. "Out-call massage service" means 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 at a massage
establishment.
F. "Permittee" means the operator of a massage
establishment.
G. "Person" means any individual, copartnership,
firm, association, joint stock company,
corporation or combination of individuals of
whatever form or character.
H. "Recognized Schools" means :
1 . A State Approved School operating according
to state regulations which has a current
license, approval , accreditation and/or
certification from the state in which it is
located and provides an entry level Massage
training program of a minimum of 500 hours
of in-class work, and 100 hours of clinical
training, which program shall include
anatomy and physiology, kinesiology,
ethics, pathology, contraindications and
clinical experience, or
2 . A massage school program
accredited/approved by the Commission on
Massage Training/Approval & Accreditation
(COMTAA) , a current list of which can be
obtained through the COMTAA Manager, 820
Davis St. , Suite #100, Evanston, IL
60201-4444, (847) 864-0123, or
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eft. 3 . Schools offering correspondence courses and
not requiring actual class attendance shall
not be deemed "recognized schools" . All
course work for hours credit shall be
completed under the physical supervision of
faculty.
I . "Professional Massage Therapy Organization"
means an organization which:
1 . Requires graduation from a "recognized
school" as defined in the ordinance or the
passing of a competency test for active
membership; and
2 . It shall be member owned and operated in
that its members shall elect Board of
Directors .
J. "Sexual or genital area" includes the genitals,
pubic area, buttocks, anus or perineum of any
person, or the vulva or breasts of a female. "
6 . 31 .020 PERMIT REQUIRED.
eak It is unlawful for any person to engage in, conduct
or carry on, or to permit to be engaged in,
conducted or carried on, in or upon any premises in
the city, the operation of each and every separate
massage establishment as defined in Section
6 . 31 .010, without first having obtained a permit
from the public health officer.
6 . 31 .030 FILING OF APPLICATION AND FEE PROVISION.
A. Every applicant for a permit to maintain,
operate or conduct a massage establishment
shall file an application in duplicate under
oath with the public health officer upon a form
provided by said public health officer and pay
a nonrefundable filing fee of $100 .00 to the
finance director, who shall issue a receipt
which shall be attached to the application
filed with the public health officer.
B. The public health officer shall refer copies of
such application to the departments of code
administration and the fire department. These
departments shall within thirty days inspect
the premises proposed to be operated as a
massage establishment and make written
recommendations to the public health officer
concerning compliance with the codes that they
administer.
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C. Within thirty days of receipt of the
application of the aforesaid departments, the
public health officer shall notify the
applicant that his application is granted,
denied or held for further investigation. The
period of any additional investigation shall
not exceed an additional thirty days unless
otherwise agreed to in writing by the
applicant. Upon the conclusion of such
additional investigation the public health
officer shall advise the applicant in writing
whether the application is granted or denied.
D. Whenever an application is denied or held for
further investigation, the public health officer
shall advise the applicant in writing of the
reasons for such action.
E. The failure or refusal of the applicant to
promptly give any information relevant to the
investigation of the application or his or her
refusal or failure to appear at any reasonable
time and place for examination under oath
regarding the said application or his or her
refusal to submit to or cooperate with any
eft. inspection required by this chapter shall
constitute an admission by the applicant that
he or she is ineligible for such permit and
shall be grounds for denial thereof by the
public health officer.
6 . 31 .040 APPLICATION FOR MASSAGE ESTABLISHMENT.
A. The application for a permit to operate a
massage establishment shall set forth the exact
nature of the massage to be administered, and
the proposed place of business and facilities
therefor.
B. In addition to the foregoing, any applicant for
a permit, including any partner or limited
partner of a partnership applicant, and any
officer or director of a corporate applicant
and any stockholder holding more than ten
percent of the stock of a corporate applicant,
shall furnish the following information, or
such other information as may be required by
the city' s public health officer:
1 . Name and address;
2 . Written proof that the individual is at
least eighteen years of age;
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elk 3 . All residential addresses for the past
three years;
4 . The applicant's height, weight, color of
eyes and hair;
5 . The business, occupation or employment of
the applicant for the three years
immediately preceding the date of
application;
6 . 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 therefor, and the business activity
or occupation subsequent to such action of
suspension or revocation;
7 . All felony criminal or city ordinance
violation convictions;
8 . Photographic proof of identity;
eik 9 . If the applicant is a corporation, or a
partner of a partnership is a corporation,
the name of the corporation shall be set
forth exactly as shown in its articles of
incorporation.
10 . Federal Tax Identification Number and/or
Social Security Numbers .
6 . 31 .050 ISSUANCE OF PERMIT FOR A MASSAGE
ESTABLISHMENT.
A. Upon a determination by the public health
officer that an applicant is in compliance with
all of the requirements of Section 6 . 31 . 120,
the public health officer shall issue a permit
to maintain, operate or conduct a massage
establishment, unless he finds :
1 . That the operation, as proposed by the
applicant, if permitted, would not comply
with all applicable laws, including, but
not limited to, the building, health,
housing, zoning and fire codes of the city;
or
2 . That the applicant and any other person who
will be directly or indirectly engaged in
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the management and operation of a massage
establishment has been convicted of:
(a) a violent or armed felony,
(b) an offense involving sexual misconduct
with children,
(c) prostitution, soliciting for a
prostitute, pandering or keeping a
place of prostitution.
B. The public health officer, at his reasonable
discretion, may issue a permit to any person
convicted of any of the crimes in subsection
2 (a) if he finds that such conviction occurred
at least five years prior to the date of
application, and the applicant has shown
evidence of rehabilitation sufficient to
provide reasonable assurance that the granting
of a permit will not create an unreasonable
danger to the public health or safety.
C . Every massage establishment permit issued
pursuant to this chapter will terminate at the
eft expiration of one year from the date of its
issuance, unless sooner suspended or revoked
for cause.
6 . 31 .060 REVOCATION OR SUSPENSION OF PERMIT FOR
MASSAGE ESTABLISHMENT.
A. Any permit issued for a massage establishment
may be revoked or suspended by the public
health officer after a 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 masseur or masseuse,
is engaged in any conduct at permittee ' s place
of business, which violates any of the
provisions of this chapter or any state law
which provides for imprisonment, and permittee
has actual or constructive knowledge of such
violations or the permittee should have actual
or constructive knowledge by due diligence, or
where any applicant has made a false statement
on an application for a permit under this
chapter or in any case where the permittee or
licensee refuses to permit any duly authorized
police officer or inspector of the city to
ek inspect the premises or the operations therein.
Such permit may also be revoked or suspended by
the public health officer, after hearing upon
the finding of the public health officer that
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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.
B. Any violations of this chapter by any employee
of the permittee including a masseur or
masseuse, shall be cause for suspension of the
permit for not more than thirty days in the
first instance. Any subsequent violation of
this chapter by any employee of the permittee,
including a masseur or masseuse, shall be cause
for suspension or revocation of the permit.
C. The public health officer, before revoking or
suspending any permit, shall give at least ten
days written notice of the charges against him
or her and the opportunity for a public hearing
before the public health officer, at which time
the permittee may present evidence bearing upon
the question. In such cases, the charges shall
be specific and in writing.
6 . 31 .070 MASSEUR OR MASSEUSE PERMIT.
e Any person, including an applicant for massage
establishment permit, who engages in the practice of
massage as defined in Section 6 . 31 .010, shall file
an application for a masseur or masseuse permit with
the public health officer upon a form provided by
said public health officer and shall pay a
nonrefundable filing fee of $25 .00 for an original
application and $10 .00 for a renewal application, to
the finance director, who shall issue a receipt
which shall be attached to the application filed
with the public health officer.
6 . 31 .080 APPLICATION FORM FOR MASSEUR OR MASSEUSE
PERMIT.
All persons who desire to perform the services of
masseur or masseuse at a massage establishment,
shall first undergo a physical examination at their
own cost, for such contagious and communicable
diseases as may be designated by the public health
officer, which shall include but not be limited to,
a test or tests which will demonstrate freedom from
tuberculosis, which is to be made and interpreted by
a licensed physician acceptable to the health
officer and such other laboratory tests done in a
laboratory acceptable to the health officer, as may
be necessitated by the above examination and issued
within thirty days of such examination, signed by a
physician duly licensed by the state and stating
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that the person examined is free from any contagious
or communicable disease to others . Such person shall
undergo the physical examination referred to above
and submit to the health officer the certificate
required in this section prior to commencement of
their employment and at least once every twelve
months thereafter.
6 . 31 .090 ISSUANCE OF MASSEUR OR MASSEUSE PERMIT.
Every masseur or masseuse permit issued pursuant to
this chapter shall terminate at expiration of one
year from the date of its issuance, unless sooner
suspended.
6 . 31 . 100 REVOCATION OF MASSEUR OR MASSEUSE PERMIT.
A. A masseur or masseuse permit issued by the
public health officer shall be revoked or
suspended where it appears that the masseur or
masseuse has been convicted of any offense
which would be cause for denial of a permit
upon an original application, has made a false
statement on an application for a permit, or
has committed an act in violation of this
e chapter.
B. The public health officer in revoking or
suspending a masseur or masseuse permit shall
give the permit holder a written notice
specifying the grounds therefor. Such person
may within ten days of such revocation or
suspension file a written request with the
public health officer for a public hearing
before the public health officer, at which time
the masseur or masseuse may present evidence
bearing upon the question.
6 . 31 . 110 FACILITIES NECESSARY.
A. No massage establishment shall be issued a
permit, nor be operated, established or
maintained in the city unless an inspection by
the health officer reveals that the
establishment complies with each of the
following minimum requirements :
1 . Construction of rooms used for toilets,
tubs, steam baths and showers shall be made
waterproof with approved waterproof
materials and shall be installed in
accordance with the building code of the
city;
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2 . All massage tables, bathtubs, shower
stalls , steam or bath areas and floors
shall have surfaces which may be readily
disinfected;
3 . Adequate bathing, dressing and locker
facilities shall be provided for the
patrons to be served at any given time. In
the event male and female patrons are to be
served simultaneously, separate bathing,
dressing, locker and massage room
facilities shall be provided;
4 . The premises shall have adequate equipment
for disinfecting and sterilizing
nondisposable instruments and materials
used in administering massages . Such
nondisposable instruments and materials
shall be disinfected after use on each
patron;
5 . Closed cabinets shall be provided and used
for the storage of clean linen, towels and
other materials used in connection with
administering massages . All soiled linens,
"'" towels and other materials shall be kept in
properly covered containers or cabinets,
which containers or cabinets shall be kept
separate from the clean storage areas;
6 . Toilet facilities shall be provided in
convenient locations . When employees and
patrons of different sexes are on the
premises at the same time separate toilet
facilities shall be provided for each sex.
A single water closet per sex shall be
provided for each twenty or more employees
or patrons of that sex on the premises at
any one time. Urinals may be substituted
for water closets after one water closet
has been provided. Toilets shall be
designated as to the sex accommodated
therein;
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;
/ 11' 8 . The premises shall be equipped with a
service sink for custodial services .
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eibk 6 . 31 . 120 OPERATING 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 in the reception area in a
location available to all prospective customers .
C . All employees, including masseurs and
masseuses , shall be clean and wear clean,
nontransparent outer garments, whose use is
restricted to the massage establishment. A
separate dressing room for each sex must be
available on the premises with individual
lockers for each employee. Doors to such
dressing rooms shall open inward and shall be
self-closing.
D. All massage establishments shall be provided
with clean, laundered sheets and towels in
sufficient quantity and shall be laundered
after each use thereof and stored in a sanitary
manner.
esk E. The sexual or genital area of patrons must be
covered by towels, cloths or undergarments when
in the presence of an employee, masseur or
masseuse.
F. It is unlawful for any person, knowingly, in a
massage establishment, to place his or her hand
upon, to touch with any part of his or her
body, to fondle in any manner, or to massage, a
sexual or genital area of any other person.
G. No masseur or masseuse, employee or operator
shall perform, offer or agree to perform, any
act which would require the touching of the
patron' s genital area.
H. All walls, ceilings , floors, pools, showers,
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 steam or vapor cabinets, shower compartments
and toilet rooms shall be thoroughly cleaned
each day the business is in operation. Bathtubs
and showers shall be thoroughly cleaned after
each use. When carpeting is used on the floors,
it shall be kept dry.
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fow I . Oils, creams, lotions or other preparations
used in administering massages shall be kept in
clean, closed containers or cabinets .
J. Eating in the massage work areas shall not be
permitted. Animals, except for seeing eye dogs,
shall not be permitted in the massage work
areas .
K. No masseur or masseuse shall administer or be
required to administer a massage to a patron
exhibiting any 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 masseur and masseuse shall wash his or her
hands in hot running water, using a proper soap
or disinfectant before administering a massage
to each patron.
6 . 31 . 130 OUT-CALL REGISTRATION.
Any masseuse or masseur who provides any of the
services listed in Section 10 .20 .080(A) of this
chapter at any hotel or motel must first register
his or her name and permit number with the owner,
manager or person in charge of the hotel or motel .
6 . 31 . 140 OUT-CALL SERVICE.
No "out-call massage service" may be operated other
than by a licensed massage establishment. All
massages performed by an "out-call massage service"
must be performed in the manner prescribed in
Sections 6 . 31 . 120.
6 . 31 . 150 INSPECTIONS.
The public health officer shall from time to time,
and at least twice a year, make an inspection of
each massage establishment granted a permit under
the provisions of this chapter for the purposes of
determining that the provisions of this chapter are
complied with. Such inspections shall be made at
reasonable times and in a reasonable manner. It is
unlawful for any permittee to fail to allow such
inspection officer access to the premises or to
hinder such officer in any manner.
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6 . 31 . 160 HOURS OF OPERATION.
No massage establishment shall be open for business
between the hours of 10:00 p.m. and 5:00 a.m.
6 . 31 . 170 EMPLOYMENT OF PERSON UNDER THE AGE OF
EIGHTEEN PROHIBITED.
It is unlawful for any owner, proprietor, manager or
other person in charge of any massage establishment
to employ any person who is not at least eighteen
years of age.
6 . 31 . 180 IDENTIFICATION CARD.
The public health officer shall provide each masseur
and masseuse granted a permit with an identification
card which shall contain a photograph of the masseur
or masseuse and the full name and permit number
assigned to the said masseur or masseuse, which must
be worn on the front of the outermost garment at all
times during the hours of operation of any
establishment granted a permit pursuant to this
chapter.
6 . 31 . 190 TRANSFER OF PERMITS .
No permit for the operation of a massage
establishment issued pursuant to the provisions of
this chapter shall be transferable.
6 . 31 .200 DISPLAY OF PERMIT.
Every permittee shall display a valid permit in a
conspicuous place within the massage establishment
so that the same may be readily seen by persons
entering the premises .
6 . 31 .210 EMPLOYMENT OF MASSEURS AND MASSEUSES .
It shall be the responsibility of the permittee for
the massage establishment or the employer of any
persons purporting to act as masseurs and masseuses
to insure that each person employed as a masseur or
masseuse shall first have obtained a valid permit
pursuant to this chapter.
6 . 31 .220 TIME LIMIT FOR FILING APPLICATION FOR
PERMIT.
elk Applications for renewal of permits must be filed
not more than two months nor less than one month
prior to termination of an existing permit.
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6 . 31 . 230 NONAPPLICABILITY OF THIS CHAPTER.
This chapter shall not apply to hospitals , nursing
homes, sanitariums , or persons holding an unrevoked
certificate to practice the healing arts including
physicians, surgeons, chiropractors, osteopaths or
physical therapists 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 barbers or beauty culturists
holding a valid unrevoked license or certificate of
registration issued by the state and limited solely
to the massaging of the neck, face, scalp and hair
of the customer or client for cosmetic or
beautifying purposes .
6 . 31 .240 VIOLATION AND PENALTY.
It shall be unlawful for any person, except those
persons who are specifically exempted by this
chapter, whether acting as an individual, owner,
employee of the owner, operator or employee of the
operator, or whether acting as a mere helper for the
owner, employee or operator, or acting as a
participant or worker in any way, to give massages
fek or conduct a massage establishment without first
obtaining a permit and paying a license fee to do so
from the city, or to otherwise violate any of the
provisions of this chapter. Upon conviction, such
person shall be punished by a fine not to exceed
$500 .00 .
6 . 31 .250 MAINTAINING PUBLIC NUISANCE.
Any building used as a massage establishment in
violations of this chapter 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
declared to be a nuisance.
6 . 31 .260 SEVERABILITY.
If any section, subsection, subdivision, paragraph,
sentence, clause or phrase in this chapter, or any
part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any
court of competent jurisdiction, such decision shall
not affect the validity of effectiveness of the
remaining portions of this chapter or any part
elk thereof.
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emk 6 . 31 .270 REVIEW.
The decision of the public health officer with
regards to the issuance, suspension or revocation of
any license under this chapter shall be reviewable
by the city manager of the city upon the written
request of the party filed with the city manager
within ten days of such refusal, revocation, or
suspension. The city manager shall review evidence
previously submitted to the public health officer,
the report of the public health officer, and any
additional evidence presented with the written
request for review. The decision of the city manager
upon such review shall be a final .
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3 . That this ordinance shall be in full force
and effect ten days after its passage in the manner provided
by law.
'Pk 7e.___„2:Kevin Kelly, Mayo
Presented: May 28, 1997
Passed: May 28, 1997
Omnibus Vote: Yeas 7 Nays 0
Recorded: May 29 , 1997
Published:
Attest:
Dolonna Mecum, City Clerk
emk
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