G39-99 Ordinance No. G39-99
AN ORDINANCE
CREATING CHAPTER 6 . 32 ENTITLED "CERTIFIED MASSAGE THERAPISTS
IN RESIDENTIAL DISTRICTS" OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED
WHEREAS, the City Council of the City of Elgin has
determined that it is necessary and desirable to create
Chapter 6 . 32 of the Elgin Municipal Code to provide for the
regulation and licensing of certified massage therapists and
residential therapeutic massage establishments; and
WHEREAS, the City of Elgin is an Illinois municipal
corporation and a home rule unit pursuant to the Constitution
and laws of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and
perform any function pertaining to its government and affairs;
and
WHEREAS, the regulation and licensing of certified
massage therapists and residential therapeutic massage
establishments are matters pertaining to the government and
affairs of the City of Elgin.
(ow NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Chapter 6 . 32 of the Elgin Municipal
Code, 1976, as amended, entitled "Certified Massage Therapists
in Residential Districts" be and is hereby created to read as
follows :
CHAPTER 6 . 32
CERTIFIED MASSAGE THERAPISTS IN
RESIDENTIAL DISTRICTS
Sections :
6 . 32 . 010 Definitions .
6 . 32 . 020 Permit Required.
6 . 32 . 030 Filing of Application and Fee Provision.
6 . 32 . 040 Application for Residential Therapeutic
Massage Establishment .
6 . 32 . 050 Issuance of Permit for a Residential
Therapeutic Massage Establishment .
6 . 32 . 060 Revocation or Suspension of Permit for
Therapeutic Massage .
6 . 32 . 070 Certified Massage Therapist Permit .
6 . 32 . 080 Application Form or Certified Massage
emk Therapist Permit .
6 . 32 . 090 Issuance of Certified Massage Therapist
Permit .
�w. 6 . 32 . 100 Revocation of Certified Massage Therapist
Permit .
6 . 32 . 110 Facilities Necessary.
6 . 32 . 120 Operating Requirements .
6 . 32 . 130 Out-Call Registration.
6 . 32 . 140 Out-Call Service .
6 . 32 . 150 Inspections .
6 . 32 . 160 Hours of Operation.
6 . 32 . 170 Employment of Person Under the Age of
Eighteen Prohibited.
6 . 32 . 180 Identification Card.
6 . 32 . 190 Transfer of Permits .
6 . 32 .200 Display of Permit .
6 . 32 . 210 Employment of Certified Massage Therapist .
6 . 32 . 220 Time Limit for Filing Application for
Permit .
6 . 32 . 230 Nonapplicability of This Chapter.
6 . 32 . 240 Violation and Penalty.
6 . 32 . 250 Maintaining Public Nuisance .
6 . 32 . 260 Severability.
6 . 321 . 270 Review.
6 .32 . 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. Certified massage therapist means any person
who, for any consideration whatsoever, engages
in the practice of Therapeutic Massage as
defined below and who provides proof of one of
the following:
1 . 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 the recognized
school, as defined in Section 6 . 31 . 010 (H)
of this chapter, or
2 . 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
e" Therapy/Bodywork approved by the State of
Illinois, or a federal certifying agency.
B. "Therapeutic massage" means the application by
a certified massage therapist of any method of
pressure on or friction against or striking,
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. "Residential therapeutic massage establishment"
means any establishment having a fixed place of
business in a residential district where a
certified massage therapist engages in, or
carries on, or permits to be engaged in or
carried on any of the activities mentioned in
section 6 . 32 . 010 (B) of this chapter.
D. "Out-call therapeutic 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
t"" than at a Residential therapeutic massage
establishment .
E . "Person" means any individual, copartnership,
firm, association, joint stock company,
corporation or combination of individuals of
whatever form or character.
F. "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
(01P. Massage Training/Approval & Accreditation
(COMTAA) , a current list of which can be
obtained through the COMTAA Manager, 820
Pe' Davis St . , Suite #100 , Evanston, IL
60201-4444 , (847) 864-0123 , or
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.
G. "Residential district" means any property
subject to the regulations of chapter 19 . 25 of
this code .
H. "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 .32 . 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, the operation of each and every separate
residential therapeutic massage establishment as
defined in section 6 . 32 . 010, without first having
obtained a permit from the public health officer.
6 .32 . 030 FILING OF APPLICATION AND FEE PROVISION
A. Every applicant for a permit to maintain and
operate or conduct a Residential Therapeutic
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 $75 . 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
residential therapeutic massage establishment
and make written recommendations to the public
health officer concerning compliance with the
codes that they administer.
C. Within thirty days of receipt of the
application of the aforesaid departments, the
public health officer shall notify the
�., applicant that this 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
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 .32 . 040 APPLICATION FOR RESIDENTIAL THERAPEUTIC
MASSAGE ESTABLISHMENT
A. The application for a permit to operate a
residential therapeutic massage establishment
shall set forth the exact nature of the
therapeutic 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
elk least eighteen years of age;
.► 3 . All residential addresses for the past
three years;
4 . The applicants 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 therapeutic 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;
r9 . 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 .
C. The applicant for a permit to operate a
residential therapeutic massage establishment
shall provide the name of the insurance
carrier, policy number, coverage amounts, and
the policy periods of the applicants general
liability policies . The application for a
permit shall have attached to it proof of
liability insurance in the amount of not less
than one million dollars ($1, 000, 000 . 00) for
each person injured and one million dollars
($1, 000, 000 . 00) aggregate per incident and
three hundred thousand dollars ($300, 000 . 00)
for property damages for each accident . This
insurance must name the City of Elgin as an
additional insured with right to notice of
cancellation. The insurance required by this
r.. section shall be occurrence-based and shall
4. remain in effect for the period of time the
applicants residential therapeutic massage
establishment permit remains valid.
6 .32 . 050 ISSUANCE OF PERMIT FOR A RESIDENTIAL
THERAPEUTIC 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 residential
therapeutic 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 the management and operation of a
residential therapeutic massage
establishment has been convicted of :
eft
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 residential therapeutic massage
establishment permit issued pursuant to this
chapter will terminate at the expiration of one
year from the date of its issuance, unless
eth* sooner suspended or revoked for cause .
e.. 6 .32 . 060 REVOCATION OR SUSPENSION OF PERMIT FOR
RESIDENTIAL THERAPEUTIC MASSAGE
ESTABLISHMENT.
A. Any permit issued for a residential
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 by the
certified massage therapist, or the certified
massage therapist is engaged in any conduct at
the certified massage therapists place of
business, which violates any of the provisions
of this chapter or any state law which provides
for imprisonment, and the certified massage
therapist 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
certified massage therapist refuses to permit
any duly authorized police officer or inspector
of the city of 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 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 the certified
massage therapist, 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 the
certified massage therapist, 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
the certified massage therapist and the
opportunity for a public hearing before the
public health officer, at which time the
certified massage therapist may present
evidence bearing upon the question. In such
cases, the charges shall be specific and in
writing.
6 .32 . 070 CERTIFIED MASSAGE THERAPIST PERMIT.
Any person, including an applicant for residential
therapeutic massage establishment permit, who
engages in the practice of therapeutic massage as
defined in section 6 . 32 . 010 of this chapter, shall
file an application for a certified massage
therapist 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 .32 .080 APPLICATION FORM FOR CERTIFIED MASSAGE
THERAPIST PERMIT.
All persons who desire to perform the services of
certified massage therapist at a residential
therapeutic 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,
e'' 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
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 the performance of services by the
certified massage therapist and at least once every
twelve months thereafter.
6 .32 . 090 ISSUANCE OF CERTIFIED MASSAGE THERAPIST
PERMIT
Every certified massage therapist permit issued
pursuant to this chapter shall terminate at
expiration of one year from the date of its
issuance, unless sooner suspended.
elk
6 .32 . 100 REVOCATION OF CERTIFIED MASSAGE THERAPIST
PERMIT
A. A certified massage therapist permit issued by
the public health officer shall be revoked or
suspended where it appears that the certified
massage therapist 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
chapter.
B. The public health officer in revoking or
suspending a certified massage therapist 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 certified massage therapist may present
evidence bearing upon the question.
6 .32 .110 FACILITIES NECESSARY
eft No residential therapeutic 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 :
A. All massage tables shall have surfaces which
may be readily disinfected;
B. 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;
C. 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;
elk D. Toilet facilities shall be provided in
convenient locations .
E. 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;
6 .32 . 120 OPERATING REQUIREMENTS .
A. Every portion of the residential therapeutic
massage establishment, including appliances and
apparatus, shall be kept clean and operated in
a sanitary condition.
B. The certified massage therapist, shall be clean
and wear clean, professional outer garments .
C. All residential therapeutic 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.
D. The sexual or genital area of patrons must be
covered by towels, cloths or undergarments when
in the presence of an employee, or the
certified massage therapist .
folk
E. It is unlawful for any person, knowingly, in a
residential therapeutic 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, the sexual or genital
area of any other person.
F. No certified massage therapist shall perform,
offer or agree to perform, any act which
would require the touching of the patrons
sexual or genital area.
G. 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.
eft H. Oils, creams, lotions or other preparations
used in administering therapeutic massages
shall be kept in clean, closed containers or
cabinets .
I . Eating in the therapeutic massage work areas
shall not be permitted. Animals, except for
seeing eye dogs, shall not be permitted in the
therapeutic massage work areas .
J. No certified massage therapist shall administer
or be required to administer a therapeutic
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 .
K. Each certified massage therapist shall wash his
or her hands in hot running water, using a
proper soap or disinfectant before
administering a massage to each patron.
L. No person other than a certified massage
therapist shall be employed to perform any
service, including but not limited to
administrative duties, in a residential
therapeutic massage establishment while patrons
are present .
6 .32 . 130 OUT-CALL REGISTRATION.
Any certified massage therapist who provides any of
the services listed in section 6 . 32 . 010 (C) 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 .32 .140 OUT-CALL SERVICE.
All therapeutic massages performed by an "out-call
therapeutic massage service" must be performed in
the manner prescribed in sections 6 . 32 . 120 .
6 .32 .150 INSPECTIONS.
The public health officer shall from time to time,
and at least twice a year, make an inspection of
each residential therapeutic 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
el* inspections shall be made at reasonable times and in
a reasonable manner. It is unlawful for the
certified massage therapist to fail to allow such
inspection officer access to the premises or to
hinder such officer in any manner.
6 .32 . 160 HOURS OF OPERATION.
No residential therapeutic massage establishment
shall be open for business other than as prescribed
for residential occupations within chapter 19 . 90 . 617
of this code.
6 .32 . 170 IDENTIFICATION CARD.
The public health officer shall provide each the
certified massage therapist granted a permit with an
identification card which shall contain a photograph
of the Certified massage therapist which must be
displayed in the therapeutic massage work areas
during the hours of operation of any establishment
granted a permit pursuant to this chapter.
6 .32 . 180 TRANSFER OF PERMITS.
No permit for the operation of a residential
therapeutic massage establishment issued pursuant to
the provisions of this chapter shall be transferable .
6 .32 . 190 DISPLAY OF PERMIT.
Every certified massage therapist shall display a
valid permit in a conspicuous place within the
residential therapeutic massage establishment so
that the same may be readily seen by persons
entering the premises .
6 .32 .200 TIME LIMIT FOR FILING APPLICATION FOR
PERMIT.
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 .
6 .32 .210 VIOLATION AND PENALTY.
It shall be unlawful for the certified massage
therapist, except those persons who are specifically
exempted by this chapter, to give therapeutic
massages or conduct a residential therapeutic
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, the certified
massage therapist shall be punished by a fine not to
exceed $500 . 00 .
6 .32 .220 MAINTAINING PUBLIC NUISANCE.
Any dwelling used as a residential therapeutic
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 dwelling together with all
fixtures and other property used in violation of
this chapter are declared to be a nuisance .
6 .32 .230 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
thereof .
6 .32 .240 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
low by the city manager of the city upon the written
request of the party filed with the city manager
within ten days or 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 from and after its passage and publication in the
manner provided by law.
471.44Z1--./
Ed Schock, Mayor
tek
Presented: July 14 , 1999
Passed: July 14 , 1999
Omnibus Vote : Yeas 6 Nays 0
Recorded: July 15, 1999
Published: July 20, 1999
Attest :
&f#"(04A----Z
Dolonna Mecum, City Clerk
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