Loading...
G25-97 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 2 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. 3 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; 4 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 5 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 6 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 7 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; 8 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 . 9 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. 10 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. 11 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. 12 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. 13 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 14