Loading...
HomeMy WebLinkAboutOrd 5198 06/19/2001 ORDINANCE NO. 5198 AN ORDINANCE AMENDING CHAPTER 11 (MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS) BY CREATING ARTICLE XXXVll ENTITLED "MASSAGE THERAPISTS" Passed and approved by the President and Board of Trustees the 19th day of June, 2001 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 20th day of June, 2001 bh/hm 6/14/01 ORDINANCE NO. 5198 AN ORDINANCE AMENDING CHAPTER 11 (MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS) BY CREATING ARTICLE XXXVIII ENTITLED "MASSAGE THERAPISTS" BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 11 entitled "Merchants, Businesses, Occupations and Amusements" of the Village Code, as amended, is hereby further amended by adding thereto Article XXXVIII entitled "Massage Therapists", so that hereafter said Chapter 11 shall include the following: ARTICLE XXXVIII MASSAGE THERAPISTS SECTION: 11.3801 License Required 11.3802 Exceptions 11.3803 Application 11.3804 Investigation 11.3805 Fee 11.3806 Limitation on Issuance and Renewal of License 11.3807 Prohibited Acts and Conditions 11.3808 Penalty Sec. 11.3801 License Required. A. It shall be unlawful for any person to engage in the business of massage therapist until such person has applied for and obtained a business license from the Village Clerk as provided in Chapter 10 of this Code. B. No person shall practice or administer any method of treatment listed in this Article without first obtaining and maintaining a valid massage therapist license. Sec. 11.3802 Exceptions. This Article shall not apply to: A. Massage therapy provided in a State of Illinois licensed and approved hospital or nursing home or by persons holding an unrevoked certificate to practice the healing arts under the laws of the State of Illinois, or to those working under the direction of such persons in any of the aforementioned facilities. B. Any person who shall be registered as a physical therapist by the State of Illinois under the provisions of 225 ILCS 90/1, as now or hereafter amended. C. Any State registered athletic trainer who administers athletic-related massage in the normal course of training duties. D. Any barber or cosmetologist lawfully carrying on his or her respective business to the extent authorized under a valid, unrevoked license or certificate of registration issued by the State of Illinois; provided this exemption is only intended to permit normal and customary barber or cosmetologist services which involve incidental physical contact, such as scalp rubs and facials, which might otherwise qualify as massage activities~ This exemption is not intended and does not permit general massage activities as part of any barber or cosmetologist business, except as the person rendering the massage might otherwise qualify as a massage therapist pursuant to this Ordinance. Sec. 11.3803. Application. An application for a massage therapist license shall be made in conformity with the general requirements of this Village Code relative to applications for licenses. In addition, the applicant shall provide the following information: A. Social security number and driver's license number, if any; B. Applicant's weight, height, color of hair and eyes; C. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. D. A statement as to whether the applicant has ever been found guilty of committing any crime except minor traffic violations. If the answer is in the affirmative, a statement must be made giving the place and the court in which such finding was made, the specific charge under which the finding was obtained and the sentence imposed as a result. This is intended to include dispositions of supervision or any type of probation which later permitted a vacation of the finding of guilty; E. Any previous names, e.g. maiden name, aliases, used in the past; F. Evidence that the applicant has received training and/or is certified by an institution or nationally recognized professional association which teaches theory and method of massage, and the applicant has obtained a current cardiopulmonary resuscitation ("CPR") certification. Additionally, applicants shall be required to submit written proof establishing one of the following: 1. That the applicant has graduated from a massage therapy school requiring at least 500 hours of training as approved by the American Massage Therapy Association Commission on Accreditation and Training and/or approved by the Illinois State Board of Education. 2. That the applicant has achieved membership status within the American Massage Therapy Association or a professional organization with standards comparable to the American Massage Therapy Association, with mandated continuing education requirements and a written Code of Ethics. 3. That the applicant has a current license from a state which regulates massage therapy by means of a written application and licensure. Sec. 11.3804. Investigation. The Police Chief or any other Village official designated by the Village Manager, shall make or cause to be made such investigation as deemed necessary to determine the character and reputation of the applicant for a massage therapist or therapist in training license. No license shall be issued to any applicant who is not found to be a person of good character and reputation. The Village official charged with making the investigation shall indicate on the application or license the results of the investigation and approval or disapproval of the application. Character and reputation may be determined by previous arrest record, association with persons known to lack good moral character, open and notorious criminal sexual activity or other acts of moral turpitude, or other conduct detrimental to the public health, safety and welfare. Sec. 11.3805. Fee. The annual license fee for a massage therapist's license shall be One Hundred Dollars ($100.00) and each license must be renewed every year. Sec. 11.3806. Limitation on Issuance and Renewal of License. In addition to the reasons set forth in Article III of Chapter 10 of the Village Code or Section 11.3804 of this Article, no massage therapist license shall be issued or renewed under the following circumstances: A. To an applicant who has been convicted of the following offenses: 1. Any offense involving sexual misconduct with children or other sex offenses as defined in Article 11 of the Illinois Criminal Code of 1961, as now or hereafter amended; 2. A felony based upon conduct or involvement in massage therapy business or activity or related or similar business or activity, within the past ten (10) years; or 3. A felony unrelated to conduct or involvement in massage therapy business or activity or related or similar business or activity, but which felony involved the use of a deadly weapon, traffic in narcotic drugs or violence against another person within the past five (5) years. B. To an applicant under the age of eighteen (18). Sec. 11.3807. Prohibited Acts and Conditions. A. All massage therapists shall wear clean, non-transparent outer garments. The outer garments used while giving massages may not be used for any other purpose. B. The sexual or genital area of patrons must be covered by towels, clothing, cloths or undergarments at all times when in the presence of a massage therapist. C. It shall be unlawful for any person while on any premises where massages are given 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. 4 D. No massage therapist shall perform, offer, or agree to perform any act which would require the touching of the patron's genital area or otherwise by commission or omission perform an unlawful act as defined in 720 ILCS 5/11-14, 5/11-14.1, 5/11- 15, 5/11-15.1, 5/11-16 and 5/11-17, incorporated herein as now or hereafter amended. E. No massage therapist shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption, unless a physician duly licensed by the State of Illinois certifies in writing that such person may be safely massaged. Sec. 11.3808. Penalty. Any person who violates any of the provisions of this chapter shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for each offense; and a separate offense shall be deemed committed each time on each day during or on which violation occurs or is permitted to continue. SECTION TWO: That Article I entitled "Purpose and Definitions" of Chapter 11 (Merchants, Businesses, Occupations and Amusements) of the Village Code, as amended, is hereby further amended by adding in proper alphabetical sequence the following "Massage", "Massage Therapisf', "Patron" and ',Sexual and Genital Area"; so that hereafter said Section 11.102 shall include the following: MASSAGE Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations used in this practice, under such circumstances that it is reasonably expected that the person to whom treatment is provided, or some third party on such person's behalf, will pay money or give any other consideration or gratuity. MASSAGE THERAPIST Any person who, for any consideration or gratuity whatsoever, engages in the practice of massage. 5 ATRON 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. SEXUAL OR GENITAL AREA Genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Lohrstorfer, Skowron NAYS: Wilks ABSENT: Farley, Zadel PASSED and APPROVED this 19th day of June, 2001. Timo{hy Corcor~' J Mayor Pro Tern' // ATTEST: Velma W./Lowe Village Clerk