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G12-77 J. eb. Ordinance No. G12-77 AN ORDINANCE REGULATING MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The Elgin Municipal Code, as amended, be and is hereby further amended by adding Chapter 10. 20 entitled "Massage Establishment and Massage Service" to read as follows: "Chapter 10.20. Massage Establishment and Massage Service. Section 10.20.010. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) Massage: 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 the aid of any mechanical or electrical apparatus or appliance, with or without such creams, lotions, ointments or other similar preparations commonly used in this practice. (b) Massage Establishment: 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 10.20.010(a) of this article. (c) Out-call Massage 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 at a massage establishment. (d) Masseur or Masseuse: Any person who, for any consideration whatso- ever, engages in the practice of massage as herein defined. (e) Employee: 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. (f) Person: Any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. (g) Health Officer: The director of the department of Community Develop- ment of the City of Elgin or his authorized representative. (h) Permittee: The operation of a massage establishment. (i) Sexual or genital area shall include the genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female. Section 10.20.020. Permit Required. It shall be 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 of Elgin, for the operation of each and every separate massage establishment as herein defined, without first having obtained a permit from the chief of police, after approval of the health officer. Section 10.20.030. Filing of Application and Fee Provision. Every applicant for a permit to maintain, operate or conduct a massage establishment shall file an application in duplicate under oath with the chief of police upon a form provided by said chief of police and pay a nonrefundable filing fee of one hundred dollars ($100.00) to the Finance Director, who shall issue a receipt which shall be attached to the applica- tion filed with the chief of police. The chief of police shall within five (5) days refer copies of such application to the department of community development, inspection division, and the fire department. These departments shall within thirty (30) days inspect the premises proposed to be operated as a massage establishment and make written recommendations to the chief of police concerning compliance with the codes that they administer. Within ten (10) days of receipt of the recommendations of the aforesaid departments, the chief of police shall notify the applicant that his applica- tion is granted, denied or held for further investigation. The period of any additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to in writing by the applicant. Upon the conclusion of such additional investigation the chief of police shall advise the applicant in writing whether the application is granted or denied. Whenever an application is denied or held for further investigation, the chief of police shall advise the applicant in writing of the reasons for such action. 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 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 chief of police. Section 10.20.040. Application for Massage Establishment. 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. 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 (10) per cent 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 eighteen (18) years of age. (3) All residential addresses for the past three (3) years. (4) The applicant's height, weight, color of eyes and hair. (5) The business, occupation or employment of the applicant for the three (3) 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 criminal or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations. (8) The fingerprints and photograph of the applicant. (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 acticles of incorporation. Section 10.20.050. Issuance of Permit for a Massage Establishment. Upon receipt of the recommendations of the departments referred to in Section 10.20.030 and the certificate of the health officer that the esta- blishment is in compliance with all of the requirements of Section 10.20.120 the chief of police 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 have complied with all applicable laws, including but not limited to, the building, health, housing, zoning and fire codes of the City of Elgin; or (2) That the applicant and any other person who will be directly or indirectly engaged in the management and operation of a massage establishment has been convicted of: (a) a felony, (b) an offense involving sexual misconduct with children, (c) prostitution, soliciting for a prostitute, pandering, keeping a place of prostitution, pimping or other offense opposed to decency and morality. The chief of police, at his discretion, may issue a permit to any person convicted of any of the crimes in subsections 2(a) , (b) and (c) if he finds that such conviction occurred at least five (5) years prior to the date of application, the applicant has had no subsequent convictions and the applicant has shown evidence of rehabilitation sufficient to warrant the public trust. Every massage establishment permit issued pursuant to this chapter will terminate at the expiration of one year from the date of its issuance, unless sooner suspended or revoked. Section 10.20.060. Revocation or Suspension of Permit for Massage Establishment. Any permit issued for a massage establishment may be revoked or suspended by the chief of police after a hearing for good cause or in any case where any of the provisions of this article 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 article 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 article or in any case where the permittee or licensee refuses to permit any duly authorized police officer or inspector of the city of Elgin to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the chief of police, after hearing 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. Any violations of this article by any employee of the permittee including a masseur or masseuse, shall be cause for suspension of the permit for not more than thirty (30) days in the first instance. Any subsequent violation of this article by any employee of the permittee, including a masseur or masseuse, shall be cause for suspension or revocation of the permit. The chief of police, before revoking or suspending any permit, shall give the permittee at least ten (10) days' written notice of the charges against him or her and the opportunity for a public hearing before the chief of police, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. Section 10.20.070. Masseur or Masseuse Permit. Any person, including an applicant for massage establishment permit, who engages in the practice of massage as herein defined, shall file an applica- tion for a masseur or masseuse permit with the chief of police upon a form provided by said chief of police and shall pay a nonrefundable filing fee of twenty-five dollars ($25.00) for an original application and ten dollars ($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 chief of police. Section 10.20.080. Application Form for Masseur or Masseuse Permit. The application for a masseur or masseuse permit shall contain the follow- ing: (1) Name and residence address; (2) Social security number and driver's license number, if any; (3) Applicant's weight, height, color of hair and eyes; (4) Written evidence that the applicant is at least eighteen (18) years of age; (5) Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application; (6) Whether the applicant has ever been convicted of, pleaded nolo contendere or stipulated to the facts to or suffered a forfeiture on a bond charge of committing any crime except minor traffic viola- tions. If the answer is in the affirmative, a statement shall be made giving the place and the court in which such conviction, plea, omission or forfeiture was had, the specific charge under which the conviction, plea, admission or forfeiture was obtained and the penalty, sentence or judgment imposed as a result thereof; (7) The chief of police, or his delegate, shall have the right to take fingerprints and a photograph of the applicant and the right to confirm the information submitted; (8) 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 contagious and communicable diseases, which shall include a recognized blood test for syphillis, a culture for gonorrhea, a test or tests which will demonstrate freedom from tuberculosis, eft. 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 (30) days of such examination, signed by a physician duly licensed by the State of Illinois and stating that the person examined is either 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 herein prior to commencement of their employment and at least once every twelve (12) months thereafter. Section 10.20.090. Issuance of Masseur or Masseuse Permit. The chief of police shall issue a masseur or masseuse permit within twenty-one (21) days following application, unless he finds that the applicant for masseur or masseuse permit has been convicted of: (1) a felony; (2) an offense involving sexual misconduct with children; (3) keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering. The chief of police, in his discretion, may issue a permit to any person convicted of such crimes if he finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent convictions. 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. Section 10.20.100. Revocation of Masseur or Masseuse Permit. A masseur or masseuse permit issued by the chief of police 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 article. The chief of police 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 (10) days of such revocation or sus- pension file a written request with the chief of police for a public hearing before the chief of police, at which time the masseur or masseuse may present evidence bearing upon the question. Section 10. 20.110. Facilities Necessary. 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 water- proof materials and shall be installed in accordance with the building code of the City of Elgin; (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 disinfect- ing 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 (20) or more employees or patrons of that sex on the premises at any determining that the provisions of this article are complied with. Such inspec- tions shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. Section 10. 20.170. Hours of Operation. No massage establishment shall be open for business between the hours of ten o'clock p.m. and six o'clock a.m. Section 10. 20.180. Employment of Person Under the Age of Eighteen Pro- hibited. 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 eighteen (18) years of age. Section 10. 20.190. Identification Card. The chief of police 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 article. Section 10. 20. 200. Transfer of Permits. No permit for the operation of a massage establishment issued pursuant to the provisions of this article shall be transferable except with the written consent of the chief of police and approval of the health officer; provided, however, that upon the death or incapacity of the permittee the massage establish- ment may continue in business for a reasonable period of time to allow for an orderly transfer of the permit. Section 10. 20.210. 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 enter- ing the premises. Section 10. 20.220. Employment of Masseurs and Masseuses. It shall be the responsibility of the permittee for the massage establish- ment 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 article. Section 10.20.230. Time Limit for Filing Application for Permit. All persons who presently operate a massage establishment or who are l "' employed as a masseur or masseuse shall file for a permit within three (3) months of the effective date of this chapter. Applications for renewal of permits must be filed not more than two (2) months nor less than one month prior to termination of an existing permit. Section 10.20.240. Nonapplicability of this Article. 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 of Illinois, or persons working under the direction of any such persons or in any such establishments, nor shall this article apply to barbers or beauty culturists holding a valid unrevoked license or certificate of registration issued by the State of Illinois and limited solely to the massag- ing of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes. Section 10. 20. 250. Violation and Penalty. Every person except those persons who are specifically exempted by this article, 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, who gives massages or conducts a massage establishment without first obtaining a permit and paying a license fee to do so from the City of Elgin or shall violate any of the provisions of this article shall be guilty of a misdemeanor. Upon conviction, such person shall be punished by a fine not to exceed five hundred dollars ($500. 00) , or by imprisonment for a period not to exceed six (6) months or by both such fine and imprisonment. Section 10.20.260. Maintaining Public Nuisance. Any building used as a massage establishment in violation 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 hereby declared to be a nuisance. Section 10.20.270. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this article, 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 article or any part thereof. Section 10. 20. 280. Review. The decision of the chief of police with regards to the issuance, suspension or revocation of any license under this ordinance shall be reviewable by the city manager of the City of Elgin, Illinois, upon the written request of the party filed with the city manager within ten (10) days of such refusal, revoca- tion, or suspension. The city manager shall review evidence previously sub- mitted to the chief of police, the report of the chief of police, and any addi- tional evidence presented with the written request for review. The decision of the city manager upon such review shall be a final." 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; (8) The premises shall be equipped with a service sink for custodial services. The health officer shall certify that the proposed massage establishment complies with all of the requirements of this section of this chapter and shall send such certification to the chief of police. Section 10. 20.120. Operating Requirements. (1) Every portion of the massage establishment, including applicances and apparatus, shall be kept clean and operated in a sanitary condition. (2) Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers. (3) All employees, including masseurs and masseuses, shall be clean and wear clean, nontransparent outer garments, covering the sexual and genital areas, whose use is restricted to the massage esta- blishment. 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. (4) 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. (5) 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. (6) It shall be 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. (7) 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. (8) 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. (9) Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers or cabinets. (10) 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. (11) No masseur or masseuse 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 of Illinois certifies in writing that such person may be safely massaged prescribing the conditions thereof. (12) 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. Section 10.20.130. Advertising. No massage establishment granted a permit under provisions of this article shall place, publish or distribute or cause to be placed, published or dis- tributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any services are available, or that employees, masseurs or masseuses are dressed in any manner other than prescribed in Section 10. 20.120 of this article, nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in Section 10.20.080. Section 10.20.140. Out-call Registration. Any masseuse or masseur who provides any of the services listed in Section 10.20.080(1) of this article 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. Section 10.20.150. 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 10.20.120 and 10.20.130. Section 10.20.160. Inspections. The police department and the department of Community Development shall from time Amk to time, and at least twice a year, make an inspection of each massage establish- ment granted a permit under the provisions of this article for the purposes of eft Section 2. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 9, 1977 Passed: March 9, 1977 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy Caspersen Nancy Caspersen, Acting City Clerk r