G86-85 Ordinance No. G86-85
AN ORDINANCE
AMENDING CHAPTER 6.31 OF THE ELGIN MUNICIPAL CODE, 1976,
REGULATING MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section I. That Chapter 6.31, Section 6.31.010(C) and (D) of the Elgin Municipal
Code, 1976, as amended, be and is hereby further amended to read as follows:
"C. "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.
D. "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(C) of this chapter."
Section 2. That Chapter 6.31, Section 6.31.020 of the Elgin Municipal Code, 1976,
as amended, be and is hereby further amended to read as follows:
"6.31.020 Permit required.
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, for the operation of each and every separate massage estab-
lishment as defined in Section 6.31.010, without first having obtained a
permit from the chief of police, after approval of the health officer."
Section 3. That Chapter 6.31, Section 6.31.050(A) of the Elgin Municipal Code,
1976, as amended, be and is hereby further amended to read as follows:
"A. Upon receipt of the recommendations of the departments
referred to in Section 6.31.030 and the certificate of the health officer
that the establishment is in compliance with all of the requirements of
Section 6.31.120, 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 per-
mitted, would not have complied with all applicable laws, including but not
limited to, the building, health, housing, zoning and fire codes of the city;
or
a
I Y
2. That the applicant and any other person who will be directly
or indirectly engaged in the management and operation of a massage estab-
lishment 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."
Section 4. That Chapter 6.31, Section 6.31.070 of the Elgin Municipal Code, 1976,
as amended, be and is hereby further amended to read as follows:
"6.31.070 Masseur or masseuse permit.
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 chief of
police upon a form provided by said chief of police and shall pay a non-
refundable filing fee of twenty-five dollars for an original application and
ten dollars 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 5. That Chapter 6.31, Section 6.31.130 of the Elgin Municipal Code, 1976,
as amended, be and is hereby further amended to read as follows:
"6.31.130 Advertising.
No massage establishment granted a permit under provisions of this
chapter shall place, publish or distribute or cause to be placed, published or
distributed 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 6.31.120 of this chapter, nor shall
any massage establishment indicate in the text of such advertising that any
services are available other than those services described in Section
6.31.120."
Section 6. That Chapter 6.31, Section 6.31.150 of the Elgin Municipal Code, 1976,
as amended, is hereby further amended to read as follows:
"6.31.150 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
6.31.120 and 6.31.130."
Section 7. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance be and are hereby repealed.
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Section 8. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: October 28, 1985
Passed: October 28, 1 985
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Nancy Roll
Nancy Roll, Deputy Clerk