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CHAPTER 31 BUSINESS REGULATIONS

31.09 MASSAGE ESTABLISHMENTS 11-O-12

A. Definitions: Terms used in this Section are defined in Appendix A.

B. Massage Establishment License Required: No person shall conduct, operate, maintain, or permit to be conducted, operated or maintained, or participate in the conduct, operation, or maintenance of, a massage establishment within the Village unless the Village has issued a license for such massage establishment as provided for in this Section. Such valid and current license shall be displayed in a conspicuous place within the massage establishment at all times. Licenses shall be valid for a period of one year, and shall be valid only for the address specified in the application for license.

C. License Fee: The annual license fee for each massage establishment is found in Appendix B.

D. Application Requirements: Any person desiring to operate a massage establishment shall make application for a license to the Manager, or designee, on a form supplied by the Village. The application shall include, but not be limited to, the following items:

1. The name of the person(s) who will serve as the licensee under whose management or supervision the massage establishment will be operated;

2. Copies of a valid license or licenses issued by the Illinois Department of Professional Regulation pursuant to the Massage Licensing Act (225 ILCS 57/1 et seq.) (“Act”), for each massage therapist who will provide massage services at the massage establishment;

3. The applicant and each masseuse shall supply a photo ID and social security number and will be fingerprinted by the Police Department. In connection with the applicant or any employee, written authorization for the Chief of Police to conduct a criminal background investigation;

4. A description of the proposed massage establishment, including the number of massage therapists, other activities or business conducted at the same location, the physical facilities to be used, and a scaled drawing showing all ingress and egress locations and windows, and a floor layout diagram of the premises;

5. In the event the property is leased, a copy of the lease shall be submitted with the application that contains the name of the property owner; and

6. Such other information as the Village may request.

E. Investigation Before License Issuance:

1. In addition to the investigation required in Section 31.09-D, the Chief of Police shall have the right and opportunity to conduct a criminal background check. Payment of all costs associated with any
investigation or criminal background check pursuant to this Section shall be paid by the applicant.

2. Any information concerning criminal convictions or findings of guilt obtained by the Village shall be confidential and may not be transmitted outside the Village, except as required herein, and may not be transmitted to anyone within the Village except as needed for the purpose of evaluating the applicant, an employee, or other person investigated pursuant to this Section.

F. Issuance of License: If the Manager determines that the applicant and premises are in compliance with the applicable laws of the Village and the State, the Manager, or designee, shall issue the license.

G. Grounds for Denial or Denial of Renewal of License: When the investigation reveals any of the following circumstances, the Manager, or designee shall promptly notify the applicant or license holder that the application is disapproved and that no license shall issue or be renewed. Circumstances include, but are not limited to:

1. Location of the business does not comply with the Algonquin Zoning Ordinance or any other Village ordinance.

2. Building or premises does not comply with Chapter 23, Building Codes, of this Code.

3. Applicant/licensee or the premises do not comply with all local health, fire, and safety regulations.

4. Applicant/licensee has failed to comply with any applicable provision of this Code.

5. Applicant/licensee has failed to comply with any applicable State law or administrative regulation, or when the applicant/licensee has failed to obtain a necessary license from the State.

6. Applicant/licensee fails to provide or maintain current licensing records.

7. Applicant/licensee refuses to allow authorized Village personnel to enter the business premises at any reasonable hour for the purpose of making a pre-license investigation.

8. Applicant/licensee operated a business or activity in a previous year with- out the benefit of license and such business or activity was required to have a license. This requirement, however, will be waived if the applicant/licensee first pays all past due license fees.

9. Applicant/licensee has previously been convicted of a felony or any other crime of moral turpitude, or when the applicant/licensee has unsuccessfully defended a criminal civil proceeding wherein the applicant/licensee was charged with fraud, misrepresentation, or unscrupulous business practices. However, where the conviction or unsuccessful defense occurred more than four years prior to the date of application and the President determines that the issuance of such license will not endanger the safety or welfare of the general public, the Manager shall not disapprove the application solely on these grounds.

10. Applicant/licensee has been convicted (including a sentence of supervision or conditional discharge) of the following offenses:

(a) Any offense involving sexual misconduct with children or sex

(b) A felony based upon conduct or involvement in such business or

(c) A felony unrelated to conduct or involvement in such business or offenses as defined in 720 ILCS 5/11-6 et seq., as amended; or activity or related or similar business or activity, within the past 10
years; or activity or related to similar business or activity, but which felony involved the use of a deadly weapon, violations of the Cannabis Control Act (721 ILCS 550/1 et seq.) or the Controlled Substance Act (720 ILCS 570/100 et seq.) or violence against another person, including rape, within the past five years; or

(d) A misdemeanor or licensing ordinance violation, based upon conduct or involvement in such business or activity or related or similar

(e) An offense in any other state, or a federal offense, the elements of business or activity, within the past two years; or which are similar and bear a substantial relationship to any offenses enumerated in this Section.

11. Applicant/licensee’s license issued under this Section has been revoked for cause.

12. Licensee, who at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application.

13. Applicant under the age of 18 years of age.

14. Grounds exist for revocation as provided in Section 31.09-O.

15. In addition to the provisions stated hereinabove, no massage establishment license shall be issued or renewed under the following circumstances:

(a) To a partnership, if any general partner thereof, or any limited partner owning more than 20 percent of the aggregate limited partner interest in such partnership, would not be eligible to receive a license hereunder.

(b) To a corporation, if any officer or director, or any stockholder or stockholders owning in aggregate more than 20 percent of the stock of such corporation, would not be eligible to receive a license hereunder.

 (c) To a corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983 (805 ILCS 5/1.01 et seq.), as amended, to trans- act business in Illinois.

(d) To any applicant whose place of business is conducted by a manager unless the manager possesses the same qualifications required by the licensee.

(e) To any applicant who is not a beneficial owner of the business manager unless the manager possesses the same qualifications required by the licensee.

16. Applicant/licensee is not a United States citizen or has status as a permanent resident alien or a valid work permit.

H. Compliance Inspections: Upon issuance of a massage establishment license, the licensee shall provide any representative of the Village with a reasonable opportunity to inspect the premises for which the license is requested and to interview the licensee’s agents and employees for the purpose of determining that the provisions of this Section and other applicable ordinances and State and federal laws are being complied with. It shall be unlawful for any person to fail to allow any representative of the Village access to the premises of the massage establishment or to hinder such access in any manner. Refusal by the licensee to allow the Village representative access to the establishment shall be grounds for revoking the massage establishment license.

I. Employment of Licensed Massage Therapists: No massage therapist may be employed in a massage establishment who does not hold a current, valid license issued by the Illinois Department of Professional Regulation, as required by the Act, which license may not have been suspended, revoked, or temporarily suspended under that act. Each massage establishment shall maintain a current listing of all licensed massage therapists who perform massage services at the massage establishment, along with proof of their valid and current Illinois license, and must allow inspection of such records at any reasonable time upon the request of any representative of the Village.

J. Operating Requirements:

1. Every portion of the massage establishment, including any and all appliances, apparatus, or other mechanical and therapeutic devices, shall be kept clean and operated under sanitary conditions.

2. Price rates for all massage services shall be prominently posted in the reception area of the massage establishment in a location available to all prospective customers.

3. All employees and massage therapists shall wear clean, nontransparent outer garments fully covering the sexual and genital areas.

4. All massage establishments shall be provided with clean laundered outer garments fully covering the sexual and genital areas.

sheets and towels in sufficient quantity, which shall be laundered after each use thereof and stored in a sanitary manner. All towels and linens furnished for use of one patron shall not be furnished for use of another patron until laundered.

5. The sexual or genital areas of clients must be covered with nontransparent towels, cloths, or undergarments when in the presence of an employee or massage therapist.

6. All walls, ceilings, floors, pools, showers, baths, and steam rooms and any other physical facilities shall be kept in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each day the massage establishment is in operation. Bath- tubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.

7. Oils, creams, lotions, and other preparations used in administering massages shall be kept in clean, closed containers or cabinets.

8. The facility shall be accessible for persons with disabilities and not contain a full kitchen or sleeping quarters. The serving of meals shall be prohibited.

9. Store front windows shall not be opaque and the waiting area shall be visible from the exterior.

10. At all times the establishment is open to the public an exterior door shall remain unlocked.

11. At all times the establishment is open to the public an Illinois licensed massage therapist shall be on the premises.

12. A copy of a valid massage therapist license issued by the Illinois Department of Professional Regulation pursuant to the Act for each massage therapist shall be displayed in a conspicuous place within the establishment at all times.

13. Each massage therapist shall wash their hands in hot running water using a proper soap or disinfectant before administering any massage to any customer or client.

14. It shall be unlawful for any employee or massage therapist in the massage establishment to place their hand upon, to touch with any part of a client’s body, or fondle in any manner, or massage a sexual or genital area of any person or to cause a person to touch, massage, or fondle the sexual or genital or gluteal area of the employee or massage therapist of the establishment.

15. No massage therapist, employee, or licensee shall perform, offer, or agree to perform any act which shall require the touching of a client’s sexual or genital area.

16. No massage therapist shall administer a massage to a client exhibiting any skin fungus, skin infection, skin inflammation, or skin eruption, unless a physician duly licensed by the State shall certify in writing that such person may be safely massaged and shall describe the conditions under which such massage may be performed.

17. Table showers are prohibited, as well as in-shower massages.

18. No client shall be permitted to operate any device capable of recording or transmitting still or moving images in any area of the massage establishment, including, without limitation, still or video cameras, video recorders, camera phones, or any similar device except a law enforcement officer using such device pursuant to a valid court order authorizing such use.

19. It shall be unlawful for any person, corporation, firm, or association licensed under this Section to provide massage therapy services between the hours of 10 p.m. and 8 a.m. Only employees engaged in the actual conduct of cleaning or closing the business shall be allowed in the premises during closed hours. The licensee shall not dispatch massage therapists to work off premises on behalf of the massage establishment at any time except when the licensee has received prior written approval from the Manager.

K. Cleanliness of Premises: Every massage establishment shall comply with the following minimum requirements:

1. All massage tables, lavatories, and floors shall have surfaces which may be readily disinfected.

2. Separate dressing, locker, toilet, and massage room facilities shall be provided for female and male clients, so that female and male clients may be served simultaneously in the event that clients of both sexes are permitted. Doors to the dressing rooms shall open inward and shall be self-closing.

3. Toilet facilities shall be provided within the massage establishment.

When five or more employees, massage therapists, or patrons of different sexes are contemplated to be on the premises at the same time, separate toilet facilities shall be provided for each sex. A lavatory capable of providing both hot and cold running water shall be installed in each toilet room and shall be supplied with soap and a dispenser with sanitary towels.

4. Closed cabinets shall be provided for use in the storage of clean linens, towels, and other materials used in administering massage services. All soiled linens, towels, and other materials shall be kept in properly covered containers or cabinets, which shall be kept separate from the clean storage areas.

5. Sections 31.09-K-2, 3 and 4 shall not apply to a massage establishment where all massages are administered to patrons who are fully clothed and where there is no application of oils, creams, lotions, or other liquids to the body of any client.

L. Advertising Restrictions: No massage establishment shall depict, place, publish, distribute, or cause to be depicted, placed, published, or distributed any advertising matter that suggests to prospective clients that any services are available other than those services permitted by this Section, or which would suggest that employees or massage therapists are dressed in any manner other than that permitted by this Section.

M. Employment of Minors: It shall be unlawful for any massage establishment to employ any person who is not at least 18 years of age.

N. License Exemptions: The licensing requirements of this Section shall not be applicable to:

1. Hospitals, nursing homes, sanitariums, or any facility at which a health care worker duly licensed by the State provides, on an ongoing basis, professional health services to individuals, including the offices of an occupational therapist licensed under the Occupational Therapy Practice Act (225 ILCS 75/1, et seq.); a physical therapist licensed under the Physical Therapy Act (225 ILCS 90/1, et seq.), a physician or chiropractic physician licensed under the Medical Practice Act (225 ILCS 60/1, et seq.), and a naprapath licensed under the Naprapathic Practice Act (225, ILCS 63/1 et seq.).

2. Any barber, cosmetologist, or nail technician lawfully carrying on their respective business to the extent authorized under a valid unrevoked license or certificate or registration issued by the State. Provided, this exemption is only intended to permit normal and customary barber, cosmetologist, or nail technician services which involve incidental physical contact, such as scalp rubs and facials, which otherwise qualify as massage activities. This exemption is not intended to include, and does not permit, general massage activities as part of any barber, cosmetologist, or nail technician business beyond that authorized by the State license or certification.

3. Any State registered athletic trainer who administers such athletic-related massage in the normal course of training duties.

4. Where massage services are actually performed at the patron’s premises, including the patron’s place of business or residence, a Village license shall not be required for such patron’s premises.

However, a State massage therapist’s license shall be required for the massage therapist performing massage activities in such patron’s premises.

5. Bona fide health/sport establishments which allow persons of all ages on the premises and meeting the following criteria:

(a) The primary purpose of the establishment is health and fitness; massage service is subsidiary;

(b) No more than 20 percent of the establishment revenue is derived massage; and

(c) Massage facilities shall not occupy more than 10 percent of the establishment.

O. License Revocation or Suspension: Revocation or suspension of a license may be in addition to any fine or penalty which may be imposed. The Manager or designee shall have the power to revoke or suspend any license for cause. Cause shall exist in any of the following

1. The licensee has either intentionally or carelessly misrepresented any material fact on the license application upon which the Village relied on in issuing such license.

2. The licensee fails to continuously comply with all conditions required as precedent to the approval of the license.

3. After the granting of any license, the licensee shall have violated any applicable regulation or provision of any Village ordinance or this Code.

4. The licensee refuses to allow authorized Village personnel to enter the licensed premises at any reasonable hour.

5. After investigation and upon the recommendation of the appropriate Village official, the licensee is conducting such licensed activity in such a manner as to constitute a breach of peace, or a menace to health, safety, or welfare of the public, or a disturbance of the peace or comfort of residents of the Village.

6. The activity licensed is conducted in violation of any applicable State statute or administrative regulation, or where the licensee has failed to obtain or retain a necessary State license.

7. After the granting of any license, the licensee is convicted of a felony or has unsuccessfully defended in a criminal or civil proceeding wherein the licensee was charged with fraud, misrepresentation, or
unscrupulous business conduct.

8. Any required bond or insurance has expired or been cancelled.

9. When the licensed business or activity is protected by the First Amendment of the Constitution of the United States, the revocation or suspension of a license shall be reviewed by the President pursuant to
Section 31.09- P.

P. Appeal:

1. Any applicant or licensee who receives a notice of denial, revocation, or suspension may file an appeal with the President as provided herein.

Such appeal shall be filed in writing no later than 11 business days following receipt of the notice, and shall include a response to the Manager’s notice. Such response shall include a brief statement addressing the substantive deficiencies cited in the Manager’s notice and shall set forth the basis for why the license should not be denied, revoked, or suspended. If an appeal is filed of an order of the Manager suspending or revoking a license, such suspension or revocation shall be stayed pending final order of the President as provided in this Section.

2. The President shall schedule an informal hearing not later than 11 business days following receipt of such appeal. The purpose of the hearing will be to offer the applicant or licensee an opportunity to show cause why the application should not be denied, or why the license should not be suspended or revoked. A record shall be made of the informal hearing and documents may be submitted and/or testimony given, either in person or through sworn affidavit. This record may be made by electronic recording. The President shall have the power to administer oaths and to continue the hearing from time to time to permit the applicant or licensee to provide additional information.

The President may designate a hearing officer to schedule, convene and conduct the hearing. In such case, the hearing officer shall have the same powers as the President to administer oaths and continue
the hearing from time to time to permit the applicant or licensee to provide additional in- formation. Where such designation has been made, the hearing officer shall submit proposed findings of fact and
recommendations to the President within 21 days of the close of the hearing.

3. Within 21 days after the close of the hearing set forth herein, the President shall make written findings of fact and issue an appropriate order. Within five business days a copy of such order shall be served upon the applicant or licensee. If the President determines that the license should be revoked or suspended, the suspension or revocation shall take effect immediately receipt unless otherwise specified.

4. The decision of the President provided herein shall be the final administrative action of the Village with respect to the license or application, and shall be subject to the immediate appeal by the licensee or applicant to the 22nd Judicial Circuit Court. Such appeal to the circuit court shall be filed not later than 35 days following receipt of the President’s findings and order. Failure to file such appeal as provided herein shall render the President’s decision final.

Q. Violation – Penalty: In addition to the provisions set forth in Section 31.09-O for the revocation and suspension of licenses, any person who violates any provision of this Section shall, upon conviction thereof, be punished by a fine pursuant to Appendix B. Each day that a violation is found to have existed shall be deemed a separate violation.