HomeMy WebLinkAbout4. Massage Parlor Regulations 01/10/2012Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: ASSISTANT VILLAGE MANAGER
DATE: JANUARY 5, 2012
SUBJECT: MASSAGE BUSINESS REGULATIONS
Over the past several years the Village has experienced several massage business
operations that did not retain a legitimate business model and were shuttered due to
criminal activities. The effort to investigate and ultimately cancel the business license
requires extraordinary investment on the part of law enforcement personnel. In order to
provide some additional tools to law enforcement, the village staff has undertaken a
general discussion internally to modify the existing massage therapist ordinance so that
legitimate businesses are not negatively impacted while operations of questionable
motivation can be addressed more timely. However, the village is limited as to what
regulations can be promulgated based on the preemption of the licensing of massage
therapist by the state of Illinois.
A draft ordinance was discussed at the February 8, 2011 committee the whole meeting.
A number of comments from the Village Board required staff to make some
modifications to the ordinance in order to clarify some definitions and operational
requirements. Upon the conclusion of those revisions staff again provided a copy of the
draft ordinance to the Village Board for any other input in May 2011.
Staff has drafted a summary of elements of the proposed ordinance for ready reference
and is attached for information purposes in addition to the draft ordinance as a red line
version. Appropriate staff and the Village Attorney will be present at the January 10,
2012 committee the whole meeting to facilitate the discussion.
Staff is requesting concurrence from the village board to consider the ordinance for
approval at the next available village board meeting.
DAVID STRAHL
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Draft Components of Ordinance Regulating Massage Establishments
Staff has developed a number potential regulations that would apply under a new
ordinance for Massage Establishments. A number of these areas were offered for
discussion with the Village Board at the February 8, 2011, COW Meeting.
1. Definitions
There are several new definitions that are proposed to be added as part of the
ordinance. The new definitions are highlighted with an'""
*Applicant. Any person or entity seeking Massage Establishment Business License. If
it is a corporation or limited liability company, the term shall include any stockholder
holding more than ten percent (10 %) of the stock, and each officer and director. If it is a
partnership, it shall include each partner, including each limited partner. It shall also
include the manager or other person principally in charge of the operation of the
business.
*Employee. Any person over eighteen (18) years of age, other than a massage
therapist, who renders any service in connection with the operation of a massage
business and receives compensation from the operator of the business or patrons.
*Licensee. The operator of a massage establishment.
*Massage Establishment. Any establishment having a fixed place of business where
any person, firm, association or corporation engages in or carries, or permits to be
engaged in or carries on a business of providing massages.
Massage Therapist: Any person who, for any consideration or gratuity whatsoever,
engages in the practice of massage.
*Outcall Massage Service. Any business, the function of which is to engage in or carry
on massages at a location designated by the customer or patron rather than at a
massage establishment.
*Patron. Any person over eighteen (18) years of age who is offered or receives a
massage under such circumstances that it is reasonably expected that he or she will
pay money or any other consideration for such massage.
Sexual or Genital Area. Genitals, pubic area, buttocks, anus, or perineum of any
person, or the vulva or breasts of a female.
2. Business License Process
Staff is proposing to require massage establishments to apply for a massage
establishment business license, subject to a number of additional requirements. As part
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of the normal business license procedures, an additional level of review is proposed
including a police background check. Persons or entities that have been issued a 2012
business license to engage in or carry out the business of massage, as a spa, massage
therapy or health club, will be subject to this new ordinance, but will not be required to
apply for a separate license or pay an additional license fee for 2012.
3. Proposed Business License Regulations
The Police Department will perform the required criminal record check. Background
investigations shall require the submission of fingerprints. The cost of the criminal
record check and cost of fingerprint submissions shall be borne by the applicant. Each
application shall contain the following information:
A. A definition of service to be provided.
B. The location, mailing address and all telephone numbers where the business is to be
conducted.
C. The name and residence address of each applicant [all provisions which refer to
applicant include an applicant which may be a corporation, limited liability company
or partnership].
(1) If applicant is a corporation or limited liability company, the names and residence
addresses of each of the officers and directors of the corporation or company
and of each stockholder owning more than ten percent (10 %) of the stock of the
corporation or company, and the address of the corporation or company itself, if
different from the address of the massage establishment.
(2) If applicant is a partnership, the names and residence addresses of each of the
partners including limited partners, and the address of the partnership itself, if
different from the address of the massage establishment.
D. The two (2) previous addresses immediately prior to the present address of the
applicant.
E. Proof that the applicant is a least eighteen (18) years of age.
F. Individual or partnership applicant's height, weight, color of eyes, hair and sex.
G. Copy of identification, such as a driver's license.
H. One portrait photograph of the applicant at least two (2) inches by two (2) inches and
a complete set of applicant's fingerprints shall be taken by the Chief of Police or
his /her agent. If the applicant is a partnership, limited liability company, or
corporation, the Chief of Police shall have the right to require fingerprints of any and
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all officers, shareholders, directors, partners, members, managers or agents of the
entity along with the fee for each.
I. Business, occupation, or employment of the applicant for the three (3) years
immediately preceding the date of application.
J. The massage or similar business license history of the applicant; whether such
person, in previously operating in this or another municipality, county or State, has
had a business license revoked or suspended, the reason for the revocation or
suspension, and the business activity or occupation subsequent to such action of
suspension or revocation.
K. All criminal convictions other than misdemeanor traffic violations, including the dates
of convictions, nature of the crimes and place convicted.
L. The name and address of each massage therapist who is or will be employed in the
establishment, including a copy of their respective licenses as issued by the State
Department of Professional Regulation.
M. The name and address of any other business owned or operated by any person
whose name is required to be given as part of definition of Applicant.
N. A description of any other business to be operated on the same premises or on
adjoining premises owned or controlled by the applicant.
O. Authorization of the Village, its agents and employees to seek information and
conduct an investigation into the truth of the statements set forth in the application
and the qualifications of the applicant for the permit.
P. Such other identification and information necessary to discover the truth of the
matters required to be set forth in the application.
Q. The names, current addresses and written statements of at least three (3) bonafide
permanent residents of the United States that the applicant is of good moral
character. If the applicant is able, the statement must first be furnished from
residents of the Village, then the County, then the State of Illinois and lastly from the
rest of the United States. These references must be persons other than relatives and
business associates.
In addition to the investigation of the applicant, the Police Department may require
the applicant to identify employees, who will be working at the business
establishment, and to provide documentation of the current state licensing of all
massage therapists.
4. License Requirements
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Here are some additional regulations that apply prior to issuance and after the
application information is processed. If an applicant fails to meet any of these elements,
the application will be denied and the establishment will not be permitted to open.
A. The correct license fee or other fees or fines owed to the Village of Mount Prospect
have not been tendered to the Village; or
B. The operation, as proposed by the applicant, if permitted, would not comply with all
applicable laws, including, but not limited to, the Village's building, zoning, and
health regulations; or
C. The applicant, or employees, other than massage therapists, have been found guilty
of any of the following offenses or found guilty of an offense outside the State of
Illinois that would have constituted any of the following offenses if committed within
the State of Illinois:
(1) An offense involving the use of force and violence upon the person of another
that amounts to a felony.
(2) An offense enumerated in any provision of Article 11, entitled 'Sex Offensed', of
the Illinois Criminal Code, 720 Illinois Compiled Statutes 5/11 -1 et. seq.
(3) A violation of the Illinois Controlled Substances Act, 720 Illinois Compiled
Statutes 570/100 et seq.
(4) A violation of the Illinois Cannabis Control Act; 720 Illinois Compiled Statutes
550/1 et seq.
(5) A felony offense enumerated in Article 24, Deadly Weapons, of the Illinois
Criminal Code, 720 Illinois Compiled Statutes 5/24 -1 et seq., or any other offense
that involves the use of weapons.
The Village of Mount Prospect may issue a license to any person found guilty of (or
whose employees, other than massage therapists, have been found guilty of) any of
the crimes described in Subsections (1) through (5) of this Section only if it
determines that such finding of guilty occurred at least ten (10) years prior to the
date of the application and the individual has had no subsequent felony findings of
guilty of any nature and no subsequent misdemeanor findings of guilty for a crime or
crimes set forth in this Section. Further, for the purpose of this section, any finding of
guilty, including an order resulting in supervision, shall apply.
D. Any applicant has knowingly made any false, misleading or fraudulent statement of
fact or failed to disclose required information or a fact in the license application or in
any other document required by the Village.
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E. Any applicant has had a massage business, massage therapy or other similar permit
or license denied, revoked or suspended by the Village, County or any other State or
local agency within five (5) years prior to the date of the application.
F. Any applicant is not over the age of eighteen (18) years.
5. Posting of License /Photo ID Card
In an effort to ensure efficient confirmation of licensed therapists and ability to match the
license to each worker, Staff proposes that the business make the state licenses of its
massage therapists available for public inspection and that each employee possess and
produce photo identification upon request.
A. The State licenses issued to massage therapists shall be available for public
inspection and review upon request, if said Licenses are not posted and available for
immediate inspection in the reception area for patrons, if any, or in the therapists
work area.
B. Every massage therapist shall possess a government- issued photo identification
card while on the licensed premises and produce such identification card upon
request of any representative of the Village of Mount Prospect.
6. Registry of Employees
This proposal is intended to assist in the identification and tracking of therapists, who
move from one establishment to another - a common practice for a therapist, who runs
into issues at one location. This information will assist law enforcement personnel in
knowing where therapists are at any one time. Furthermore, if there are any changes in
the status of a state license, those changes must be provided and any local ordinance
violations will be reported to the state licensing authority.
The licensee or person designated by the licensee of a massage
establishment shall maintain a register of all persons employed at any
time, as well as a list of all massage therapists and a copy of their current
photographs and licenses. Such register shall be available at the
massage establishment to representatives of Village of Mount Prospect
during regular business hours.
7. Revocation or Suspension of License
These proposed requirements include a provision that a similar establishment cannot
locate in the same facility for two (2) years, if the establishment was closed due to a
business license revocation.
A. Any license issued for a massage establishment may be revoked or suspended by
the Village of Mount Prospect after notice and a hearing, for good cause, or in any
case where any of the provisions of this Article are violated or where any employee
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of the licensee, including a massage therapist, is engaged in any conduct which
violates any of the State or local laws or regulations at licensee's place of business.
Such permit may also be revoked or suspended by the Village of Mount Prospect
after notice and hearing, upon the recommendations of the Health Inspector that
such business is being managed, conducted or maintained without regard to proper
sanitation and hygiene. Such revocation proceedings shall be as prescribed in
Chapter 10 of the Village of Mount Prospect Code.
B. If a license has been revoked for any cause, no license shall be granted to any
person for the conduct of the business of a massage establishment at that location
for a period of twenty -four (24)months.
8. Reimbursement Of Costs For Investigation
This proposed requirement allows the Village to be reimbursed for its costs of an
investigation of a licensed Massage Establishment, which results in the revocation or
suspension of the Business License.
In the event that the Village of Mount Prospect conducts an investigation
of a licensed Massage Establishment, which results in the revocation or
suspension of its Business License, the licensee shall reimburse the
Village for any and all of the Village's costs for the investigation. Failure to
pay such costs within ten (10) days written notice from the Village shall
result in the continuance of any suspension until such time as those costs
are paid and no Massage Establishment Business License shall be issued
or renewed for such a business at the same location until such costs have
been paid to the Village. The Village shall have such additional or further
remedies for collection of such costs as are available by law.
9. Therapist License Revocation
All therapist license revocations will be reported by the Police Chief to the state
licensing board.
A massage therapist license issued by the State may be revoked or
suspended in accordance with the Illinois Massage Licensing Ac, t225
Illinois Compiled Statutes 57/1 et seq. The Chief of Police shall report any
and all suspected violations to the Massage Licensing Board and the
Department of Professional Regulation.
10. Facilities Necessary and Operating Requirements
These requirements are intended to ensure that a hygienic environment exists.
A. The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages. Such
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nondisposable instruments and materials shall be disinfected after use on each
patron.
B. 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.
C. The minimum number of plumbing fixtures shall be provided and maintained as
required by the Village Code.
D. Every portion of the massage establishment, including appliances and apparatus,
shall be kept clean and operated in a sanitary manner.
E. Prices for all services shall be prominently posted in the reception area in a location
available to all prospective customers.
F. All employees, including massage therapists, shall be clean and wear clean,
nontransparent outer garments.
G. All massage establishments shall be provided with clean, laundered sheets and
towels which shall be laundered after each use by an individual patron and stored in
a sanitary manner. All towels and linens furnished for use of one patron shall not be
refurnished for use of another patron until laundered.
H. The sexual or genital areas of patrons must be covered with nontransparent towels,
cloths, or undergarments when in the presence of an employee or massage
therapist.
I. 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. Bathtubs and showers shall be thoroughly cleaned after each use.
When carpeting is used on the floors, it shall be kept dry.
J. Oils, creams, lotions, and other preparations used in administering massages shall
be kept in clean, closed containers or cabinets.
K. Each massage therapist shall wash his or her hands in hot running water using a
proper soap or disinfectant before administering massage to any patron.
L. No massage therapist, employee, or licensee shall perform, offer, or agree to
perform any act which shall require the touching of a patron's sexual or genital area.
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M. Any reception or waiting are shall be open to the public and visible from outside of
the immediate entrance, e.g., storefront windows and any entrance door shall be
transparent and unobstructed. Any exterior windows or doors with a view to the
waiting area or reception area must be free of any posting or material that would
obstruct the view of the waiting area or reception area from the outside of the
establishment.
N. No massage establishment granted a license under the provisions of this Article
shall place, publish or distribute or cause to be placed, published or distributed any
advertisement, picture, or statement which is known or through the exercise of
reasonable care should be known to be false, deceptive or misleading in order to
induce any person to purchase or utilize any professional massage services.
O. No massage establishment granted a license under the provisions of this Article
shall depict, place, publish, distribute, or cause to be depicted, placed, published, or
distributed any advertising matter that suggests to prospective patrons that any
services are available other than those services permitted by this Article, or which
would suggest that employees or massage therapists are dressed in any manner
other than that permitted by this Article.
11. Underage: Alcohol Prohibited
It is proposed that persons under eighteen (18) and alcoholic beverages be prohibited
from being on the licensed premises.
It shall be unlawful for any person or to permit any person under the age
of eighteen (18) years to be on the premises of any massage business
establishment.
No person shall sell, give, dispense, provide or keep, or cause to be sold,
given, dispensed, provided or kept, any alcoholic beverage on any
premises used in any way for or by a massage business, patron or
massage therapist.
12. Hours:
It is proposed that massage establishments be limited to certain hours of operation.
No portion of any business premises used in any way for or by a massage
business shall be kept open for any purpose between the hours of 10:00
PM and 8:00 AM.
13. Employment of Massage Therapist
Massage therapists must be licensed by the State.
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No person shall employ, as a massage therapist, any person unless the
employee has obtained and has in effect a State License issued by .the
Illinois Department of Professional Regulation pursuant to the Illinois
Massage Licensing Act, 225 Illinois Compiled Statutes 57/1 et seq., as it
may be amended from time to time.
14. Inspections Required
This proposal permits the Village to conduct inspections of the licensed establishment.
Upon issuance of a Massage Establishment Business License, in addition
to the inspection requirements of Section 11.3903, the licensee shall
provide any representative of the Village with reasonable opportunity to
inspect the premises for which the permit is issued and to interview the
licensee's agents and employees for the purpose of determining that the
provisions of this Article 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.
15. Unlawful Acts:
Specific unlawful acts are suggested, many of which had been contained in Section
23.207, Massage Therapist Establishments, which is being deleted.
A. It shall be unlawful for any person, in a massage establishment, to place his or her
hand or hands 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.
B. It shall be unlawful for any person, in a massage establishment, to expose his or her
sexual or genital area to any other person. It shall also be unlawful for any person, in
a massage establishment, to expose the sexual or genital area of any other person.
C. It shall be unlawful for any person, while in the presence of any other person in a
massage establishment, to fail to conceal with a fully opaque covering, the sexual or
genital area of his or her body.
D. It shall be unlawful for any person to perform, offer or agree to perform any act which
shall require the touching of a patron's sexual or genital area or any unlawful act, as
defined in 720 Illinois Compiled Statutes 5/11 -14, 5/11 -14.1, 5/11 -15, 5/11 -15.1,
5/11 -16, 5/11 -17, and 5/11 -17.1, which are incorporated as now or hereafter
amended.
E. It shall be unlawful for any person owning, operating or managing a massage
establishment, to cause, allow or permit in or about such massage establishment,
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any agent, employee or any other person under his or her control or supervision to
perform such acts prohibited in Subsections (A), (B), (C) or (D) of this Section.
F. It shall be unlawful for any licensee under this Article to administer or permit
massage within the village, except within the establishment licensed to carry on such
business under this Chapter. Outcall massage service by a licensee is prohibited.
G. It shall be unlawful for any massage service to be carried on within any cubicle,
room, booth or any area within a massage establishment which is fitted with a door
capable of being locked. Toilets and cubicles used solely for the application of liquid
and vapor baths shall be clearly marked as to purposes on the exterior door or
curtain of the cubicle, room or booth. Nothing contained in this Article shall be
construed to eliminate any other regulation concerning the maintenance of premises,
or to preclude authorized inspection of any premises, whenever such inspection is
deemed appropriate by the police or health departments.
16. License exemptions.
Establishments, whose employees are not required to maintain massage therapist
licenses under Illinois law, are proposed to be exempted from licensing.
The massage establishment license shall not be required for hospitals,
nursing homes, sanitariums, or any facility at which a health care worker
duly licensed by the state of Illinois provides, on an ongoing basis,
professional health services to individuals, including, but not limited to, the
offices of an occupational therapist licensed under the Illinois
Occupational Therapy Practice Act, 225 ILCS 75/1, et. seq.; a physician
therapist licensed under the Medical Practice Act, 225 ILCS 60/1, et. seq.;
a chiropractor licensed under the Medical Practice Act, 225 60/1 et. seq.;
and a naprapath listed under the Illinois Naprapathic Practice Act, 225
ILCS 63/1 et. seq. Such license shall also not be required of
establishments where persons, who engage in massage, massage
therapy or similar practices, are not required to obtain a massage therapist
license under Illinois law.
17. Sale, transfer or change of location, name and place of business
A license will be null and void if the massage establishment is sold, transferred or
relocated. The establishment must operate under the name in the license and be
conducted at the location specified in the license.
Upon sale, transfer or relocation of a massage establishment, the license
shall be null and void.
No person granted a license pursuant to this Article shall operate the
massage establishment under a name not specified in the license, nor
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shall the person conduct business under any designation or location not
specified in the license.
18. Liabilitv.
The licensee and individual committing a violation are jointly and severally liable for any
fines or penalties assessed pursuant to this Article.
19. Violation And Penalty
Any person violating any provisions of this Article shall be punished by a fine in the
amount set forth in appendix A, division III of this code. A separate offense shall be
deemed committed each time on each day during or on which violation occurs or is
permitted to occur.
20. License Fee.
A $1,000.00 annual fee is proposed.
21. Penalt
A fine of not less than five hundred dollars ($500.00), nor more than one thousand
dollars ($1,000.00), is proposed for each offense.
Zoninq Code
In addition to the proposed ordinance, the Zoning Code should be amended to identify
the zoning districts in which massage establishments are permitted or conditional uses.
Such a text amendment will require review and recommendation by the Planning and
Zoning Commission, and approval by the Board of Trustees.
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ORDINANCE NO.
AN ORDINANCEAMENDING CHAPTERS 11 AND 23 AND APPENDIX A, DIVISIONS
11 AND 111, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT,
ILLINOIS, REGARDING MASSAGE ESTABLISHMENTS
WHEREAS, the State of Illinois requires that persons engaged in massage for compensation
must be licensed by the Department of Professional Regulation pursuant to the Massage
Licensing Act ("Act"), 225 ILLS 5711 et seq.; and
WHEREAS, the Act sets forth comprehensive licensure requirements and grounds for
discipline; and
WHEREAS, the Act specifically states that the regulation and licensing of massage therapy is
an exclusive power and function of the State; and
WHEREAS, the Village of Mount Prospect has authority to regulate massage establishments.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Mount Prospect, Cook County, Illinois, pursuant to its home rule powers, as follows:
SECTION 1: Section 11.3410, entitled "Other fees", of Article XXXIV, of Chapterll of the
Mount Prospect Village Code shall be amended by inserting the following alphabetically:
R. Massage Establishment
SECTION 2: Section 11.102, Rules and Definitions, of Article I of Chapter 11, of the Mount
Prospect Village Code is hereby amended be deleting the following terms and definitions:
MASSAGE PATRON: Any person who receives a massage under such circumstances that is reasonably
expected that he or she will pay money or give other consideration for the massage.
MASSAGE THERAPIST: Any person who, for any consideration or gratuity whatsoever, engages in the
practice of massage.
SEXUAL OR GENITAL AREA: Genitals, pubic area, antis, or perineum of any person, or the vulva or
breasts of a female.
SECTION 3: Chapter 11, of the Mount Prospect Village Code is hereby amended to insert a
new Article XXXIX, Massage Establishments, to be and read as follows:
ARTICLE XXXIX, MASSAGE ESTABLISHMENTS
11.3901: Definitions
11.3902: Business License Required
11.3903: Application for Massage Establishment Business License
11.3904: Issuance of License for a Massage Establishment
11.3905: Approval or Denial of Application
11.3906: Posting of License; Pboto Identift
�cq on Card
11.3907: Register of Employees
11.3908: Revocation or Suspension of Licensc;-K1 Period After Revocation
11.3909: Reimbursement of Costs for Investigation Resulting' in Business License Suspension
or Revocation
1 1 3910 . Revocation of Massage Therapist License
11.39101: Facilities Necessary
11.39124-: Operating Requirements
11.391 - 32: Persons Under Age 18 Prohibited On Premises
11.3914-3: Alcoholic Beverages Prohibited
11.39154: Hours
11.3916-15: Employment of Massage Therapist
1139176: Inspection Required
11.39187: Unlawful Acts
11.39199: LMassage Establistiment Licenses - Exei
1,1.3920: Sale or Transfer or Change of Location
11.394-921 Name and Place of Business
11.39220 : Joint and Several Liability
1 m 1.3923 Violation and Penalty
11.3901: DErINITIONS-
For the purpose of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this section and as set forth in Article I of this Chapter.
Applicant. Any person or entity seeking Massage Establishment Business License. If it is a
corporation or limited liability company, the tenn shall include any stockholder holding more
than ten percent (10%) of the stock, and each officer and director. If it is a partnership, it shall
include each partner, including each limited partner. It shall also include the manager or other
person principally in charge of the operation of the business.
Employee. Any person over eighteen (18) years of age, other than a massage therapist, who
renders any service in connection with the operation of a massage business and receives
compensation from the operator of the business or patrons.
Licensee. Tbg o perator Qf , massa e establishm
Massage Establishment. Any establishment having a fixed place of business where any person,
firm, association or corporation engages in or carries, or permits to be engaged in or carries on a
business of providing massages.
254856 5
Massage Therapist: Any person who, for any consideration or gratuity whatsoever, engages in
the practice of massage.
Outcall Massage Service. Any business, the function of which is to engage in or carry on
massages at a location designated by the customer or elie A a ra rather than at a massage
establishment.
Patron. Any person over eighteen (18) years of age who is offered or receives a massage under
such circumstances that it is reasonably expected that he or she will pay money or any other
consideration for such massage.
Sexual or Genital Area. Genitals, pubic area, buttocks, anus, or perineum of any person, or the
vulva or breasts of a female.
11.3902: BUSINESS LICENSE RE UT QED:
A. Business license required. No person— person or entry -- shall engage in or carry out the
business of massage unless that person has a valid mMassage Establishment Bbusiness
ILicense issued by the Village pursuant to the provisions of this QhVtef--&ticle for each and
every separate office or place of business in the Village. However, where individuals
possessing the license required in Subsection (B), below, perform massage in their own
homes, no business license shall be required for that home. When a licensee performs
massage in his or her own home, in addition to the requirements of this ChaptffArticlq, the
requirements of the Mount Prospect Zoning Code pertaining to home occupations shall
apply.
A ersoq A rticle has been issued a 2Q12 ss
qiLentitY, who, prior to the adoption of this A _ h Ll _ _... ines
license to en�;agc�irk orggrygut the business of massage, as a spa, gias age Itherapy or health
ch&,_ shat l be subject to this r icl. but shall not be required to apply for a sep arate license
or pav ail additional license - fee f.br 2012.
B. State License required. No person shall engage in massage for compensation, unless the
person has a valid State license issued pursuant to the Massage Licensing Act, 225 ILCS 57/1
et seq.
11.3903, APPLICATION FOR MASSAGE ESTABLISHMENT BUSINESS LICENSE:
Every applicant for a license to maintain, operate, or conduct a massage establishment shall file
an application, under oath, with the Village of Mount Prospect upon a form provided by the
Village Clerk and pay a nonrefundable annual license fee, in the amount set forth in Article
XXXIV of this Chapter. Copies of the Massage Establishment Business License application shall
be forwarded to the Building Inspector and the Health Inspector. Each such inspector shall,
within thirty (30) days, inspect the premises proposed to be operated as a massage establishment
and upon inspection, each inspector shall file a written report with the Village Clerk concerning
compliance with the applicable regulations. The application, once accepted, shall also be referred
1 2-54856-4
to the Police Department for investigation. The Police Department will perform the required
criminal record check. Background investigations shall require the submission of fingerprints.
The cost of the criminal record check and cost of fingerprint submissions shall be home by the
applicant. Each application shall contain the following information:
A. A definition of service to be provided.
B. 1"'he location, mailing address and all telephone numbers where the business is to be
conducted.
C. The name and residence address of each applicant [all provisions which refer to applicant
include an applicant which may be a corporation, limited liability company or partnership].
(1) If applicant is a corporation or limited liability company, the names and residence
addresses of each of the officers and directors of the corporation or company and of each
stockholder owning more than ten percent (10%) of the stock of the corporation or
company, and the address of the corporation or company itself, if different from the
address of the massage establishment.
(2) If applicant is a partnership, the names and residence addresses of each of the partners
including limited partners, and the address of the partnership itself, if different from the
address of the massage establishment.
D. The two (2) previous addresses immediately prior to the present address of the applicant.
E. Proof that the applicant is a least eighteen (1 8) years of age.
F. Individual or partnership applicant's height, weight, color of eyes, hair and sex.
G. Copy of identification, such as a driver's license.
H. One portrait photograph of the applicant at least two (2) inches by two (2) inches and a
complete set of applicant's fingerprints shall be taken by the Chief of Police or his/her agent.
If the applicant is a partnership, limited liability company, or corporation, the Chief of Police
shall have the right to require fingerprints of any and all officers, shareholders, directors,
partners, members, managers or agents of the entity along with the fee for each.
1. Business, occupation, or employment of the applicant for the three (3) years immediately
preceding the date of application.
J. The massage or similar business license history of the applicant; whether such person, in
previously operating in this or another Village-Mun cipalit CoqRtX_or State, has had a
business license revoked or suspended, the reason for the revocation or suspension, and the
business activity or occupation subsequent to such action of suspension or revocation.
4-254956--3
K. All criminal convictions other than misdemeanor traffic violations, including the dates of
convictions, nature of the crimes and place convicted.
L. The name and address of each massage therapist who is or will be employed in the
establishment, including a copy of their respective licenses as issued by the State Department
of Professional Regulation.
M. The name and address of any other business owned or operated by any person whose name is
required to be given in Subsection (C).
N. A description of any other business to be operated on the same premises or on adjoining
premises owned or controlled by the applicant.
D. Authorization of the Village, its agents and employees to seek information and conduct an
investigation into the truth of the statements set forth in the application and the qualifications
of the applicant for the permit.
P. Such other identification and information necessary to discover the truth of the matters
required to be set forth in the application.
Q. The names, current addresses and written statements of at least three (3) bonafide permanent
residents of the United States that the applicant is of good moral character. If the applicant is
able, the statement must first be furnished from residents of the Village, then the County,
then the State of Illinois and lastly from the rest of the United States. These references must
be persons other than relatives and business associates.
In addition to the investigation of the
to identify e who will be workina at the business establishment, w and to -kMvide
documentation of the current state licensing of all massage them fists.
WL -
Upon the completion of the above provided form and the furnishing of all foregoing information,
the Village Clerk shall accept the application for the necessary investigations. The holder of a
massage establishment license shall notify the Village Clerk of each change in any of the data
required to be furnished by this Section within ten (1 d) days after such change occurs.
11.3904: ISSUANCE OF LICENSE FOR A MASSAGE ESTABLISHMENT:
The Village of Mount Prospect shall issue a license for a massage establishment if all
requirements for a massage establishment described in this Ordinance are met unless it finds:
A. The correct license fee or other fees or fines owed to the Village of Mount Prospect have not
been tendered to the Village; or
13. The operation, as proposed by the applicant, if permitted, would not comply with all
applicable laws, including, but not limited to, the Village's building, zoning, and health
regulations; or
C. The applicantjor qgll)lqy haves been found guilty of any of
the following offenses or found guilty of an offense outside the State of Illinois that would
have constituted any of the following offenses if committed within the State of Illinois:
(1) An offense involving the use of force and violence upon the person of another that
amounts to a felony,
(3 An offense enumerated in any provision of Article 11 entitled "hex Off.je arse s" the
Illinois Criminal Code, 720 Illinois Co�moiled Statutes 5/11 - 1. et. AM.
Qj A violation of the Illinois Controlled Substapces Act, 720 lllinois_ Statutes
57 0/1 0 egt sesL.
(4 _violation of the Illinois Cannabis Contr.ol AAV, 720 Illinois_ tatutes 550/1 et
s c
(j5_A lelon - :a offense enumerated in Article 24, Deadly Weavons of the Illinois Criminal
Code, 720 Illinois Compiled Statutes 5/24-1 et seq., , or any other offense that involves the
use oLweapplisiny-eiving-nafeeties,-4angefou-9--���� one
at-amounts
to-a-fe
The Village of Mount Prospect may issue a license to any person found guilty of fpm )y
employees other than massage therapists, have been found guilty of any of the crimes
described in Subsections (1) throu (5j
-Ihrou 3) of this Section only if it determines that
-� +
such finding of guilty occurred at least ten (10) years prior to the date of the application and
the appl4e-afif-individual has had no subsequent felony findings of guilty of any nature and no
subsequent misdemeanor findings of guilty for a crime or crimes set forth in this Section.
E urther, for th ie pWose of this Section, any finding of guilty, including an order renftg in
Wperyision a fMil .
,A ll li --
D. Any applicant has knowingly made any false, misleading or fraudulent statement of : -act or
failed to disclose required information or a fact in the license application or in any other
document required by the Village.
E. Any applicant has had a massage business, massage therapy or other similar permit or license
denied, revoked or suspended by the Village or any other State _Qoppty or local agency
within five (5) years prior to the date of the application,
F. Any applicant is not over the age of eighteen (1 g) years.
11.3905: APPROVAL OR DENIAL OF APPLICATION: The Village of Mount Prospect
shall act to approve or deny an application for a license under this Chapter within areasonable
R 254856 5 6 -2-s4gs"
period of time and in no event shall the Village of Mount Prospect act to approve or deny said
license later than 90 days from the date that said application was accepted by the Village. Every
license issued pursuant to this Chapter will terminate on December 31 following such issuance,
unless sooner suspended or revoked.
11.3906: POSTING OF LICENSE; PHOTO IDENTIFICATION CARD:
A. The State licenses issued to FNw-y-massage therapists shall be available for ublic ins ixetion
and review won req nest, if said Licenses, are npt_pp��ted available for innnediate
insvection in the -,hal4-poA-h+her--Sta",c-,ei-is"ii--ft.-reception area for patrons, if any, or in
-the therapist's work area.
-- Emory sueli-mlioe a=rse 4h ",ren+inent-pla ee-.
&.B. Every massage therapist shall possess a government- issued photo identification card
while on the licensed premises qjld qc such identification card Upon request of any
representative of be Villa, e of Mount PLOSPpa.
L
11.3907: REGISTER OF EMPLOYEES: The licensee or person designated by the licensee of
a massage establishment shall maintain a register of all persons employed at any time, jqp�ludirw�
as we] I as a 1:
..st of-all massage therapists aloe with their current photogLa hs and a copy of their
licenses. Such register shall be available at the massage establishment to representatives of
Village of Mount Prospect during regular business hours,
11.3908: REVOCATION OR SUSPENSION OF LICENSE; WAITING PERIOD AFTER
REVOCATION:
A. Any license issued for a massage establishment may be revoked or suspended by the Village
of Mount Prospect after notice and a hearing, for good cause, or in an case where any of the
provisions of this C'ha-pte-r—Article are violated or where any employee of the licensee,
including a massage therapist, is engaged in any conduct which violates any of the State or
local laws or regulations at licensee's place of business. Such permit may also be revoked or
suspended by the Village of Mount Prospect after notice and hearing, upon the
recommendations of the Health Inspector that such business is being managed, conducted or
maintained without regard to proper sanitation and hygiene. Such revocation proceedings
shall be as prescribed in Chapter 10 of the Village of Mount Prospect Code.
B. If a license has been revoked for any cause, no license shall be granted to any person for the
conduct of the business of a massage establishment at that location for a period of twenty-
foul fZD rnonhtseRe-(4-)-yfw-.
11.3909: REIMBURSEMENT OF COSTS FOR INVESTIGATION RE SULTING IN
BUSINESS LICENSE SUSPENSION OR REVOCATION: In the event that the Villa of
y..e
Mount Prospect conLqq� qtr iqy sfjgation of a lice nsed g e Establislunentwhich results in
the revocation or sqs nsiqn of its Business License, (fie licensee shall reimbursethe Villa for
Me . ......
any and all of the_yillap' s costs for the investi Failure to pay such costs within.-Len j (l 0
254856 5 7-2&48-s"
....... . ......... ... ---
days written notice from the Village shall result in the continuance of M s�M p sion until such
gn
time as those cQsts,_apq vaid and no Massage Establishment Business License shall be issued or
—
renewed for such a business at r the same location until such costs have ben -paid to the Villaye.,.
'Lhs e shall haves -e
Z Lsuch additional or ffirther remedies for collection of such costs as ar
A-y- Aatte-by-b—w.
11.390-91.0: REVOCATION OF MASSAGE THERAPIST LICENSE: A massage therapist
license i by the State may be revoked or suspended in accordance with the Illinois-Massage
Licensing Act, 225 ILLS 57/1 et sca., as it may be amended from time to time. The Chief of
Police shall report any and all suspected violations to the Massage Licensing Board and the
Department of Professional Regulation.
11.39101: FACILITIES NECESSARY:
Every location.for which a massage establishment license is sought shall, in addition to meeting
all other Village regulations, comply with the following:
A. 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.
B. 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.
C. The minimum number of plumbing fixtures shall be provided and maintained as required by
the Village Code.
11.39112: OPERATING REQUIREMENTS:
A. Every portion of the massage establishment, including appliances and apparatus, shall be
kept clean and operated in a sanitary manner.
B. Prices for all services shall be prominently posted in the reception area in a location available
to all prospective customers.
C. All employees, including massage therapists, shall be clean and wear clean, nontransp,arent
outer garments.
D. All massage establishments shall be provided with clean, laundered sheets and towels which
shall be laundered after each use by an individual patron and stored in a sanitary manner. All
towels and linens furnished for use of one patron shall not be refurnished for use of another
pgMg_Tjtjt laundered,
D—.
254856 5
E. The sexual or genital areas, of patrons must be covered with nonfransparent towp, cloths, or
uq&r arments when in the p resen ce of an errs ploy ige p h s
g�j pasg _�L_rMt, ij_
F. All walls, ceilings, floors, pools, showers baths �tearn_yqgs M d h
_ an any sical Rhy
facilities shall be kept in good repair and maintained in a clean and sanitary Wet
and dry ie _g roqms steam or vapor cabinets, shower coruvartments and toilet rooms shall be
_L __
(ho[qughly lqagq4 cAgy l mas�sq ge establishment is in
_�L __p@ _ e A_ — _g a e ration. thtubs and
showers shall be thoropkbly after each use. When cgrp tini is used clrr the Elpors it
shall be kepL&y.
Cj,_ Oils ,creqrnslotions aq d other used in administering ijq,�,s ; shall b�ekq kept prepar ations _
j_-
clean, closed containers or cabinets.
H. Each ma ssa gc . . jb rap p s M..s.hq11.._..wa..sh_ors or her hands in hot running, wgter usin&) a pr
or disinfectant before q 'iqs�p to ari patron.
1. No mass age therapist, e!Wloyee, or licensee shall perform, offer, or agree to ert m any.,Aqt
which shall re uire the touching of a. p atron's sexual or ggiit_ al area.
_ - L
J.. ...... A 1Y or waitin g are shall be wen to the pi4blic and visible froqj...outside of the
immediate entrance, c. g., storefront windows d ap or shall be transparent and
do or
unobstruct the wa
g area or recqp q
jtqL
area must be free of an Dostinfa or material that would obstruct the view of the wajfiAg_qrga
or reception area from the outside of the establishment,
K. No massage establishment granted a license under the provisions of this Article shall place,
publish or distribute or cause to be placed, published or distributed any advertisement,
picture, or statement which is known or through the exercise of reasonable care should be
known to be false, deceptive or misleading in order to induce any person to purchase or
utilize any professional massage services.
1 =LL No massage esta�blishment granted a license under fh r ovi sions of this Aijicle shall
depj�,tjplace, publish, distribute,, or cause to be depicted p] aced, published or distributed any
p.dyertLsLng_ rpatter s�q �Yests _toros ices are available other
than those - services vermitted by this Article, or which would suggest that ern oyc�es or
ma,s qge therapists are dressed in any manner other than that ttqd ii by.,this Article.
- pqi L
11.39123: PERSONS UNDER AGE 18 PROHIBITED ON PRE MISES: It shall be unlawful
fay any--pef%,n-c H-to permit any person under the age of eighteen (18) years to be on the premises
of any massage business establishment,
11.39143: ALCOHOLIC BEVERAGES PROHIBITED: No person shall sell, give, dispense,
provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage
on any premises used in any way for or by a massage business, patron or massage therapist.
11.39154: HOURS: No portion of any business premises used in any way for or by a massage
business shall be kept open for any purpose between the hours of 10:00 PM and 8:00 AM.
11.391-,%: EMPLOYMENT OF MASSAGE THERAPIST: No person shall employ, as a
massage therapist, any person unless the employee has obtained and has in effect a State License
issued by the Illinois Department of Professional Regulation pursuant to the Illinois Massage
Licensing Act, 225 Illinois Compiled Statutes 5711 et seq., as it may be amended from time to
time.
11.39176: INSPECTIONS REQUIRED:
apten-A-9-hall.
k-eka-aff--fnarmer-.
lipprl issuance of a Massa lishment Business License,....,in addition to the as
. j p.qqfio
reqjiirqrpquts of Section 11.3903 _ jiccmp shall provide, an i Lillg&q
y_p�pLqqentative of the _y
with reasonable oppgAunit to in spect the prpinises for which the pek is issued and to
y
interview the licensee's a ents and emplo ecs for thq p rpose of detq6m.
LnZAhat the - provisions
of this Article and rather a
pplacable ordinances and state and federal laws are bgJi2g co n lied,
with. It shall be unlawful for any per
son to fail to allow auk representative of the YLIlage
-. Wrg ac cess
—
to the premises of the massage establishment or to hinder such access in a4y
11.391-78: UNLAWFUL ACTS:
A. It shall be unlawful for any person, in a massage establishment, to place his or her hand or
hands 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.
B. it shall be unlawful for any person, in a massage establishment, to expose his or her sexual
or genital area to any other person. It shall also be unlawful for any person, in a massage
establishment, to expose the sexual or genital area of any other person.
C. It shall be unlawful for any person, while in the presence of any other person in a massage
establishment, to fail to conceal with a fully opaque covering, the sexual. or genital area of his
or her body.
� D. It shall be unlawful for any person to perform, offer or agree to perform any act which shall
require the touchi qg
_2f aTatrons sexual "rgilital 4Eqq or and unlawful act, as defined in 720
Illinois Compiled Statutes 5/11-14, 5/11-14.1, 5/11-15, 5111-15.1, 5/11-16, 5/11-17, and
5111 -17.1, which are incorporated as now or hereafter amended.
F. It shall be unlawful for any person owning, operating or managing a massage establishment,
to cause, allow or permit in or about such massage establishment, any agent, employee or any
other person under his or her control or supervision to perform such acts prohibited in
Subsections (A), (B), (C) or (D) of this Section.
10-2&4856-3
F. It shall be unlawful for any permi4*elicensce under this Article to administer oqL-PPIMA
massage within the village, except within theme establishment licensed to carry on such
business under this Chapter. Outcall massage service by a licensee-a-,%-defi-ned-4*,S4b-,e Wit'
on
Of4is-Qiaptef is prohibited.
G. It shall be unlawful for any massage service to be carried on within any cubicle, room, booth
or any area within a massage establishment which is fitted with a door capable of being
locked. Toilets and cubicles used solely for the application of liquid and vapor baths shall be
clearly marked as to purposes on the exterior door or curtain of the cubicle, room or booth.
Nothing contained in this Article shall be construed to eliminate any other regulation
concerning the maintenance of premises, or to preclude authorized inspection of any
premises, whenever such inspection is deemed appropriate by the police or health
departments.
Sect. 11.3919: MASSAGE ESTAB LISA ME414T LICENSE - EXEMPTIONS: The massage
establishment license shall -p
Liot be reqMiLed-for hospit&,, homes sanitariunis... 1 any
facility_AtwBich a health care worker duty liccnsed b the state of -111inois provides on an
y
ongoing basis, - pLof
cssxo a] health services to individuals, ingluding it not limited to, th
hj
offices of an occupation r l icensed under the Illinois I ---ffatiopaI._.flLerqpy PKqqtiqq
Act 22 der the Medical, Practice Act, 225
6Q/1, e t. jgq,. a chiropractor ligggs d unde i M
q edical Practice Act 225 60/1 et. se-g, �and
JC
a navravath listed wider the Illinois Naoranathic Practice Act, 225 ILLS 63/1 et, s� �,Such
license shall also not be KMIILred of establishments where persons, who en in m.assave,
massqWjjqKqp
,,.y_gT similar practices, are not required to obtain a rga
Illinois law.
11.3920-1-8: SALE OR TRANSFER OR CHANGE OF LOCATION: Upon sale, transfer or
relocation of a massage establishment, the license shall be null and void.
11.391-921: NAME AND PLACE OF BUSINESS: No person granted a license pursuant to
this Chaptei= Article shall operate the massage establishment under a name not specified in the
license, nor shall the person conduct business under any designation or location not specified in
the license.
11.3922: JOINT AND SEVERAL, LIABU.,rry: The licetisee and individual corninittin -
violation apeg� jointly n fi
and severally liable for an es, i
_q�qnalt g� assessed qrAstqpt-to this
Article.
11.39203: VIOLATION AND PENALTY: Any person violating any provisions of this
Article shall be punished by a fine in the amount set forth in appendix A, division III of this
code. A separate offense shall be deemed committed each time on each day during or on which
violation occurs or is permitted to occur.
SECTION 4: Section 23.207, entitled "Massage Therapist Establishments", of Article; 11, of
Chapter 23 of the Mount Prospect Village Code shall be deleted in its entirety.
SECTION 5: Section 11.34 10, entitled "Other Fees", of Chapter 11, Merchants, Businesses,
Occupations and Amusements, of Appendix A, Division II of the Mount Prospect Village Code
shall be amended by inserting the following alphabetically:
R. Massage Establishment $1,000.00 annually.
SECTION 6: Chapter 11, Merchants, Businesses, Occupations and Amusements, of Appendix
A, Division III of the Mount Prospect Village Code shall be amended by inserting a new Section
11.3920, to be and read as follows:
Section 11.3920: Penalty, Massage Establishment,
Fine: not less than five hundred dollars ($500.00) nor more than one thousand dollars
($1,000.00), for each offense.
SECTION 7: All ordinances in conflict with this Ordinance are hereby repealed to the extent
of the conflict.
SECTION 8: This Ordinance shall be in fall force and effect from and after its passage,
approval and publication as required by law.
SECTION 9: The Village Clerk is hereby ordered and directed to publish this Ordinance in
pamphlet form, said pamphlet to be deposited in the office of the Village Clerk for general
distribution.
I PASSED and APPROVED this day of_, 20101.
Irvana K. Wilks, Village President
ATTEST:
Lisa Angell, Village Clerk
_Ls 12-254956-3
._485Q _ ..___ . . . .. . .... .. ......
Text amendment:
Amend S ecti oil -. 14,,6Q4,-Und Use'rables ofA Lc_Vj,_Chqp
4
rtic ,Zonipg,of the Mount
ftosp -ge establishments in the n
rollowig
SKLVilla&�L 9 pso conditional use for mas��4
z.onjpg, Districts:
131IMendir.Ig . gd Use '"rible 2, C minq �iaLA . 'al Zopin t
g J�Lj irigtso in s ert the
�o -. jjd,..jndustn
following "MA _, Lgablishment",gild penijitted or conditional use ref crencgAjl)habetic4Uy
as Bollows:
Em
mm M"
j �r4�56 5