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5. Old Business 04/17/2012
Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 27, 2012 SUBJECT: PZ -32 -11 / 1108 N. ELMHURST ROAD 1 VARIATIONS (FLOOR AREA & LOT COVERAGE) / LINDA L. DAVIS — PETITIONER The Petitioner is seeking approval of variations to the floor area and lot coverage for a building addition at 1108 N. Elmhurst Road. The Petitioner removed a portion of the wood deck that is located in the rear yard and started construction of a two -story building addition without a permit. As a result, Village Staff issued a Stop Work Order in November of 2011. The Petitioner applied for a building permit subsequently, but was denied by the Planning Division as the Subject Property exceeds the maximum floor.area and lot coverage permitted. The Petitioner now seeks Variations to increase the floor area and overall lot coverage to allow the building addition to remain and be completed. A maximum of 7,000 square feet (20,000 x 0.35 = 7,000) is allowed for floor area and lot coverage at the Subject Property. The petitioner provided information which indicates the property has a floor area of 7,088.63 square feet and 11,600.63 of lot coverage. Therefore, the subject property exceeds the maximum floor area permitted by 88.63 square feet (7,088.63 — 7,000 = 88.63) and the maximum lot coverage permitted by 4,600.63 square feet (11,600.63 -7,000 = 4,600.63). The Planning and Zoning Commission conducted a public hearing to review the requests on Thursday, January 26, 2012, and by a vote of 6 -0 recommended denial of the requests for 1) a Variation to increase the floor area from 7,000 square feet (35 %) to 7,088.63 square feet (35.44 %) and 2) a Variation to increase the overall lot coverage from 7,000 square feet (35 %) to 11,600.63 square feet (58.02 %) for the residence located at 1108 N. Elmhurst Road. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their February 7, 2012 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr., Al HRLANTI.. d & Zo—g COMMT&Z 2111 1W Mcmo W,37-11 1108 N. E[mLutsl Rd (Vanadaus).do ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY LOCATED AT 1108 NORTH ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Ms. Linda Davis (Petitioner) has filed a petition for Variations with respect to property located at 1108 North Elmhurst Road ( "Property') and legally described as follows: Lot 8 in Block 1 in Wedgewood Terrace, a Subdivision of part of the east half of Section 27, Township 42 north, Range 11, east of the Third Principal Meridian, according to the Plat thereof recorded March 4, 1946 as document number 13732148, in Cook County, Illinois. Property Index Number: 03 -27- 305 - 014 -0000; and WHEREAS, the Petitioner seeks Variations to (1) increase the floor area from 7,000 square feet (35 %) to 7,088.63 square feet (35.44 %) and (2) increase the overall lot coverage from 7,000 square feet (35 %) to 11,600.63 square feet (58.02°/x); and WHEREAS, a Public Hearing was held on the request for Variations being the subject of PZ -32 -11 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26 of January, 2012, pursuant to proper legal notice having been published in the Mount Prospect Journal on the 11th of January, 2012; and WHEREAS, the Planning and Zoning Commission has submitted its findings and negative recommendation to the President and Board of Trustees in denial of the requests being the subject of PZ- 32 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Variations to (1) increase the floor area from 7,000 square feet (35 %) to 7,088.63 square feet (35.44 %) and (2) increase the overall lot coverage from 7,000 square feet (35 %) to 11,600.63 square feet (58.02 %) for the two (2)- story building addition would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant Variations, to (1) increase the floor area from 7,000 square feet (35 %) to 7,088.63 square feet (35.44 %) and (2) increase the overall lot coverage from 7,000 square feet (35 %) to 11,600.63 square feet (58.02 %) for a two (2)- story building addition as shown on the petitioner's site plane prepared by Koziol Engineering Services dated December 12, 2011, a copy of which is attached to and made part of this Ordinance as Exhibit "A." SECTION THREE The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. �7 Page 2/2 PZ -32 -11 SECTION FOUR 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: NAYS: ABSENT: PASSED and APPROVED this day of February, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO\ WIN\ ORDINANCE2\ Variations1108nelmhurstroadfeb ,2012.doc REMODELING M D ADDITION CONSTRUCTION vl rwmtnw Rr+emalaC.KSLi.OWOm Ilse .¢ttum w aaa w • tlrar YMn weW armauu; ere rwrA ar+mn•eme. erc • sriswY w Ymenm Ye ar.erm.Ne ea w osNA mmuuiu r eewaaeema I. 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S 89 W 200.34' MEAS. 200.0' RECORD I I � LOT 9 I I 1 I SITE LAYOUT 5 vs W t2 Z 9 =2 H O !� c tlF � a •wv o 3�s bbl O W A W 3 N ¢F C1 N •+ O 2 w Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS V0 FROM: ASSISTANT VILLAGE MANAGER DATE: APRIL 12, 2012 SUBJECT: MASSAGE THERAPIST ORDINANCE Attached is the revised Massage establishment ordinance for Village Board consideration. The initial draft of this ordinance was presented to the Village Board earlier this year and after considerable press attention a number of local massage therapists and a representative from a massage therapist professional association contacted the Village staff in an effort to discuss the ordinance. Village staff including the Village Attorney and Police Department representatives met with these individuals on two separate occasions. In addition, the Village staff and massage therapists representatives jointly reviewed a written summary of suggestions offered by the therapists. These discussions were extremely helpful in revising the ordinance to get it to this final form. Much of the discussion between the groups centered on the concern the Village has in regulating the massage therapist in the community that may want to undertake illegal activities and the others who operate legitimate massage services. The discussions helped in educating both the Village staff and the massage therapists as to what is the main focus of the ordinance and the best means to try and achieve that purpose. The draft includes better coordination of the State licensing regulations in relation to the Village's desire to ensure qualified massage therapists actually operative such business establishments. There is also clearer language regarding patrons under 18 years of age. While the process to get to this point was a little longer than expected staff feels the end product is much more comprehensive and sensitive to legitimate massage operations and illustrates a cooperative process. I am recommending the Village Board approve the ordinance regulating Massage establishments. This consideration will be the second reading of the ordinance. If you have any questions, please contact me. DAVID STRAHL c: Police Chief John Dahlberg HWILM \Business License \Massage Businesses \VB Cover Memo Recommending Approval April 2012.docx ORDINANCE NO. AN ORD INANC EAM ENDING CHAPTERS 11 AND 23 AND APPENDIX A, DIVISIONS II AND III, 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 ILCS 57/1 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 Chapterl I 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 I1, of the Mount Prospect Village Code is hereby amended be deleting the following dLtino terms or p hrases and their definitions Maya +_c '- Massage l'atroti "Massage h Cyst ". and "Sexu or Genital A rca ". Mr4�SAErt?- F�f�I��t?F�;�= pr-a 4ree c- Formatted: Justified Formatted: Justified SECTION 3 : Chapter 11, of the Mount Prospect Village Code is hereby amended to insert a -- ( Formatted Justified new Article XXXIX, Massage Establishments, to be and read as follows: ARTICLE XXXIX, MASSAGE ESTABLISHMENTS { Formatted F 10 pt Formatted Font: 8 pt ........._ ......_.._ ....... _ .. ......... ... a...= 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 I'hnto Identificat C ard 11.3907: Register of Employees 11.3908: Revocation or Suspension of License Waiting Period Ater Re ocation 11.3909: Reimbursem ot' C ostS Investi, ttion_ReSU ; ltm< in Busillc,5S License SuS_p�n ior}- or Rev ocatio n 11,3 Revocation of Massage Therapist License - 11.39101: Facilities Necessary 11.3912 +: Operating Requirements 11.39132: Persons Under Age 18 Prohibited On Premises 11.39143: Alcoholic Beverages Prohibited 11.39154: Hours 11.3916J�: Employment of Massage Therapist 11.391 Inspection Required 11.3918 Unlawful Acts 11.391 1 0 : Massa E'_stablishment License - Exemptions 1 - 1 .3 920 Sale or Transfer or Change of Location 11.39-1-921: Name and Place of Business 11.39220: Joi and S cv_e ral Liabili 11.3923 ....._Violation and Penalty 11.3901: DEFINITIONS: For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section Applicant. Any person or entity seeking a 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 c3w+glrtten " rus cif, 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 L)pc,rator of a ma451ge estabh5lunent. Formatted: Justified, Indent: Left 0 ", Hanging: 0.75', Tab stops. 0.75', Left .. ........ .. ..... ._.... Formatted Justified .......... .. ..... _.. ......... { Formatted Justified, Tab stops: 0.75" Left 1 Formatted: Justified / Form J ustified, Tab stops: 0.75", Left 1 Formatted: Justified hlassae 1n�° method cal p� e�curc inn or friction ag iuiSt or 5tro(�in� ltncadina rttbbint tapping= ) Formatted: Font: 1 pt pounding t °ibr3tuiu or stunul �tinQ of the bodv with the hands or with the aid of anv mechanical or elcctric3l 3ppar�tus or appliance with or tivithout rubbing alcohol liniments antiseuties, oils, { Formatted Fon 10 pt .(Formatted: Font. 8 pt p owder, c loti ointme or ot her s imila r . i>re par itic in thi practi Li nder s uch circums t hat i is reas exp ected that tl�e ci5on g ��h om, t reatme nt, i5_ p rovid e d, or some third part~ on__such person's bchal#,._�%tl pay,mone� cti give anv other_con5tc]e anon or gri1 tuitV.. Massage Establishment. Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries_uh, or permits to be engaged in or carriede 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 - -a function of which is to engage in or carry on massages at a location designated by the customer or client a> n 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. lea mitxe. k #titac +at arc }t a...n� �ss�� `c— estak +shireat Sexual or Genital Area. Genitals, pubic area, butteell anus, or perineum of any person, or the vulva or breasts of a female. State 1 icense 4 ��lid hcEnac issued ilp r "� "ai�tto the fll�nt�l� Vfas�a c 1 Icen�mu pct 225 ll (:S { Form atte d Font B old 5 7,1 i e t sco. �{ Fo rmatte d Indent: Left 0", First line: 0" . ........ ` Forma tted: Justified 11.3902: BUSINESS LICENSE REQUIRED: A. Business license required. No person —Nrso o r_entity_,-shall engage in or carry out the business of massage unless that person has a valid rnMassage Establishment Bbusiness 11,icense issued by the Village pursuant to the provisions of this pt -ef- Article 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 ChapttAFA :title, the requirements of the Mount Prospect Zoning Code pertaining to home occupations shall apply. 1 per,�tn or entity who prii�r to the id�>t lion of this A3ticle has been issued <i 2012 business license to therapy or health club shell be subiect to thi; -lrticle but ;hall nt�t be required to apply for a separate license or r�av an additional license fee for 20i 2. 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 k4llage-f4l- , D cgart ment of Co mmunity Dev elopment 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 Department of Community Development 'illag Clerk- concerning compliance with the applicable regulations. The application, once accepted, shall also be referred 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 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. CC, Federal E inplo y er Iden tificati on Nu mber, (FEIN) and S tate of Ill inois Bus ines s Tax N Ltinber II:3T). a 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. The two (2) previous addresses immediately prior to the present address of the applicant. Proof that the applicant is a least eighteen (18) years of age. ) E _Individual or partnership applicant's height, weight, color of eyes, hair and sex. ......... . 1111 Formatted: Justified, Indent Left: 0.25', No bullets or numberin Formatted Justified { Formatted Fon 10 pt Formatted: Font: 8 pt i . _Copy of identification, such as a driver's license. ..__ 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. '. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. S _ „.__The massage or similar business license history of the applicant; whether such person, in previously operating in this or another V- i- llage- inunici p1 tity, 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. -1_,. All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted. _`�_ %t. 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. ,!, y __The name and address of any other business owned or operated by any person whose name is required to be given in Subsection (CD). description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. 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. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application. OdZ, __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. applic�nt5 ���t�o hold •� valid 4ta1e license 3re exen3 tp from tine �ins�erprinti�� <= and criminal bickround check �cquirernent if'a copy of the lice��se is aubrnitted v� the application. _ Format Font: 10 pt —:. ................ F ormatte d Font: 8 pt 48569 __. ... _____. .. Upon the completion of the above provided form and the furnishing of all foregoing information, the Lepctr of Co .'Ara shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the 13et?artrD ; t of C = om munity . _De v_elo> �11 entVillage- Nei °lY -of each change in any of the data required to be furnished by this Section within ten (10) 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 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 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. Formatted: Indent: Left 0.25 ", Hanging: 0.25 ", Tab stops: 0. 5 ", Left Forma Font. ( Default) Ti mes N ew Roma { Forma tted: Font: ( Ti mes New Roman Form atted Font (D efault) Tim N ew Rom {z Form atted: Font: Not I talic (a2) offense enumerated in any provision of Article 11, entitled Sep Offenses of the Formatte Fo nt Not Ita Illi Criminal C ode, 7 20 Illinois Compiled StatUtcS i1 I et ice a� amended_t`r <mt Formatted Font: (D efault) Tlmes Ne w Roman , -_r`_. tit tirn t0 ttlYle„ Formatted: Indent: Left: 0.25 ", Hanging: - 1 0.25" .... 3 A viol of t he . Illino is Controlled Substances Act. 720 Illinois Co Stat utes Formatted Font (Default) Times New Roman 5 7 7 ,'100 et sec .. as ame _ftor time to titne, Formatted. Font: (Default) Times New Roman - - - - — - Formatted: Font: (Defa Times New Roman t _ti it> latiun of the Illi nois Cannabis Contro .Act a()Illinois Compiled Statutes ; 50: A I I et- { Formatted: Indent: Left. 0.25 ", Hanging: su as ame nded fr ti me to tim e.. (S) A felon n offense enumerated in Article 24. Deadly Weapons of of,thc....Illinois Criminal- Code, T ?0 Illinois C.om1)iled Statutc4 ?%2� I et _as a from time to time, or _ other offense that intiolvcs the _use of t zireetrc daR�R)tr7 -dings or xla wealron -that arr)�ttrlte- tcr�- f The Village of Mount Prospect may issue a license to any person found guilty of (( "or_whose- employees, othe than massage therapists, have beentuund guilt ofl _any of the crimes described in Subsections of this Section only if it determines that Formatted Font: (Default) Times New Ro man { Formatt Font (Default) Times New R oman Formatted. Font. (Default) Times N Roman Formatted: Justified, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Forma Justified ........... .. Formatted: Justified, Indent: Left: 0.5 Formatted Justified { Formatted: Font: 10 pt _ ......... __.._.. Formatted Fon 8 pt v 56_ 6` such finding of guilty occurred at least ten (10) years prior to the date of the application and the applicartf- indivi 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 - { Fo rmatted: Font: Tim es New Rom 12 pt Furthe the our pose of this,_Sr ctiori. and- fi ndin,g of guilty inC] an order CLSElltlllltn � l Formatted: Font: T imes Ne Roman, 12 pt tl - pCry l``:LOII shall , apply, . - --{ Formatted. Fon t: Times New Ro man, .12 pt ... ... ....... .................. { Formatted Font Times New Roman 12 pt 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. 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 Cou or local agency within five (5) years prior to the date of the application. F. Any applicant is not over- the -age cif- eighteen (18) years of a or older Formatted: Justified, Indent: Left: 0.25', No tics of the state licenses of persons, wlao will be providing massage services at thc buuetsor numbering - ... business establishment includuta outcall serviees. ]lave not beet] provided. Formatted: Justified 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 Ch -apte - Article within a reasonable 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 me Article_ will terminate on December 31 following such issuance, unless sooner suspended or revoked. 11.3906: POSTING OF LICENSE; PHOTO IDENTIFICATION CARD: A. The Sta te licenses iSSUed_1«f +y- massage therapists shall be available for p ublic inspc etic�r� and rev upon Keq -st, if said [ tee a re not posted and available for imm ediate Inspection in the -1n11 50 4m- lt- receptlon area for patrons, if any, or _>n +rrthe therapist's work area. 13. - €ve} itts n� } lieelaseci -ut tfe thi4. It;: ie s1 }will dfSg4uy-stie, }a license in-za- prominent- plac=e: B. Every massage therapist shall possess a government- issued photo identification card while om the licensed premises and produee_s leh,_identific identification card Limon rectuest of piny rep €escntative of the Vi lla.,e o f Mount Prospect. C. To_prov i outc allmassag service, the,rnassage therapist l)gssc.sss a go\ernmell- issued * - , photo identif cL +ion card .and State license in the name of the individual providing the service. Formatted: Justified, Indent: Left: 0 ", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5"+ Indent at: 0.75' Formatted: Justified Formatted Justified, Indent: Left 0.25", No bullets or numbering { F ormatted: Ju stified 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, including as all massage therapists along, with their current photota,laphs and a copy of their 1 F ormatted Font 10 pt _. » ». Formatted Fon 8 pt 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 any case where any of the provisions of this (4at.:4:i'- Artice 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_ four (24) months -1 wear. 11.3909: REIMBURSEMENT OF COST`S FOR INVES'T'IGATION RESULTING IN BLSINF;SS LICENSE: SUSPENSION OR REVOCATION In the event that the Village of .. flaunt P rospe ct conducts an invcstia of a lce nscl_1las, aac Establ w hich results in the ..re vocation o of rte Busines Licen the licen sha reimb t he Vill r « for a ny and all of the � Lrll age's costs f or the inves ttgatiun. Failure t pa,y such cost ithin ten 10) days k _ntten fr om th \ /dIrge s ell, r esult in t he_tctmua nce ol '_tn1_suspctr�i�n_ Until _suclr tine as tho c osts are o i an no '\%lass ae } establishme nt Business License be is sued or - -- - renewed f or such 1 busin at the ,role location until s uch cost4 11 rl;c been taai to th � illa <, c.. ]'h ' Vill r< e. sh have such addit Or furthe remedies for c ollectio n of s uch cost as are _ _. available b iaw. 11.398410: REVOCATION OF MASSAGE THERAPIST LICENSE: A massage therapist license issued by the State maybe revoked or suspended in accordance with the I I I inois- Massage Licensing Act. 2 11 C S S,'l ct sc a s it may he_ 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. 11.39181: 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. { Formatted: Fo Bod { Fo rmatted : Font: 10 pt F o r matt ed Fo nt 8 p 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. 11.3914-2: 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, nontransparent outer garments. L?. 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 furnis for us of onepLit ron_shall_riot_be refurnished for u of a nother pa tron until taund c d D, *_ F The sexual �l areas of matrons must be covered with nontransparent towels, cloths* or undergarments whim in the presence of an emTlovee or massage therapist. Formatted Font: Font colo Auto - ._.__.. --- Formatted. List Paragraph, Justified, No bullets or numbering, Tab stops Not at 0.25' Formatted Justified Formatted: Indent: Left: 0" *— Formatted: Indent: Left: 0.25', No bullets or F. 11 wails, ceilin��s floors pawls, showers. baths, and steam rooms and any other physical * - numbering facilities shall be kept in good replir and maintained in a clean and stnitary condition. Wet and dry heat rooms steam or v:or cabinets. shower compartments and toilet rooms shall be thorou hlv cleaned each day the massy establishment is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When calpetirf is used on the floors, it sh:fll be I�c;� drv. Ci.._ Oils crearns,lotiom and other oremrations used In,_adrru ' teri _n7a �a�es shall_ be kept..:III- clean. closed c ontainers or cabinets. 11 Each,anassaue the mst shall wash h or h er hands in hot _runnin [}eater usi a pro nct_ _(M?1' or disrntectan btfaa. admutrstc mtssa <ae to anl��atron. massage the *, c -nplo�ccLoijjcc,ns shall per forru._o ff'er, o r agree to perform ally act which shad require the touching. of r patro s sexual or vaenit rl ! area .:. 1. .._A recept or__� Gjitrngar sh all be c> n to the public -rnd risible frcam „outsid of the immcchat e . _cutranc e e 5,. ;totcfrout_w� wind a nd anv eutr ace door shall, be trans rren and Formatted: Indent: Left: 0” . ..... . .......... ....... ......... unobstructed. Any exterior windows or doors tivith a viexy to the w aitinu area or area must be Tree of a nyrostI i�)r_material that Would obstruct t he vi ew of the waiting, area or_receptic» i area fi-gm tlne_out.idc o the cstiblishmcnt 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. I_; No m issmae establishment :,ra a hccn under t he provisions of this _Articte shat] depict,• place ,__publish, distribute, or cause to be depicted, placed published,gr distributed_ any advertising matter that sut;t,ests to prospective patrons that any services arc available other than those services permitted by this Article, or which would surest that emplovees or massa <ae therapists are dressed in any manner other than that nermitted by this Article. iyl. No advertising will su,(_ or describe the physical charactet istics of emplovices or massaiw therapists. \o person shall be denied a inassac or access to the rn assa�e establislnrneiat because of -, }ender. 11.39123: PERSONS UNDER AGE 18 PROHIBITED ON PREMISES: It shall be unlawful - f�o e' on=to permit any person under the age of eighteen (18) years to be ow+he -p}E^ isr efofteredor rcceiy. a � g y t at any massage business establishment unless a by. or vith_ }m.ritten c onscrnt of a pat ent or legal2uarc3 at>.. 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. 11.39136: 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 57/1 et seq., as it may be amended from time to time. 11.39176: INSPECTIONS REQUIRED: The thief of - police oi authorized representatives ':hall troill tai-aie tEHime make - iotipeelime i iW eateh i fiassage 13tfs inessi P- Hf1X)Se f�E- deterinrrait;�- c- f�n3pltatrte vv= itl- r- th +4- �4�apt�i' —lt - sl�ra #l- lie- tirihavv- lttl -4c�t -any; per�irittee- �rr€atl -tf, all ovv - fairy inrspeetit�n 04i cef teess tt3 the premise or binder s aefi oftiler iri an as }zaaaiier Upon issuance of a 11 assa,e Establishment Business License, in addition to the inspection t , quireincnts of Section 113903, the licensee shall provide any representative of the Village { Formatted: Font: (Default) Times New Roman Formatted Adjust space between Latin and Asian text, Adjust space between Asian text and nu mbers { Formatted. Font. (Default) Times N ew Roman { F o rm atted: F 1 pt For matted: Font: 8 pt 2`118 ? ........... with re sonabl t)) o rtarmty t0 ni the premises_)i ?7_L�'�ich the pe rmit is issued an to _- �� Formatted Font: (Default) Times New Roman =- -. i ntcr Oe the lic nscc`s a Vents a nd em >love for [lie Purpose of det e_r_mininL that th Ott �vls of this Artrcle and_othel applic able ordrnarices and state and federal laws are bcing with It sh all be u f or ante person to fail to allow any representative of the Village access . _ ..._ Lo Y17, of ma5 sj e cu Jr to hrtulcf ac cess in an manner, 11.39178: UNLAWFUL ACTS: { Formatted: Justified 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 re Li th e touching of a jint] 011 sex ual o area or—any unlawful act, as defined in 720 Illinois Compiled Statutes 5/11 -14, 5/11 -14.1, 5/11 - 14_35, .and _5/11- Sf1T 'r—a ,a `a 4 - 4-7.4 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, 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 }w under this Article to administer or perm-t massage within the village, except within thean establishment licensed to carry on such business under this Gl>?a} terArticle Oras_outcall mas ,sery ice.- t�r�all- anasaa � er�ico as de?rf}c rl it t+b c ti � I I- ;q_lo# this t "] tpter +s- 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: , MASSAG1 ..,ESl°ABLISIEMENTLICENSE The massage establishment license shall not be required far hos}7ital nursin x homes sanitariums or ate { F ormatted: Font: (Defau Times New Roman i Form atted Fon (Default) Tim New Roman J Font: (Defau Times New R oman Forma Font ( Default) Ti mes Ne Roman { Formatted: Fon (Default) Times New Roman Form Font. 10 pt .... -. - - -. ...... -., . Formatted: Font 8 t facilitv at which a health care worker duly licensed bv the state of Illinois provides. on an st�,_professional health services to individuals. including but not Innited to, the Formatted: Font: Times New Roman ........... 9��,up ional herapist licensed Linder the Illinois Occupational Fhcrapv Practice Act, 2_2_5 JLCS 75/1 et. scy,: a phvsician theraDist I iccriscd Linder the Medical Practic Act, 225 lf,,C'S 60/1, et sc(, i chiropractor licensed Linder the Medical Pricticc Act, 225 60/1 et. scy,: and apra.pgthlistcd Linder the Illinois Naprapathic Practice Act, 225 ll_CS 63/1 et. sea. Sue Formatted: Font: Not Italic license shall als(,� not be reouired of establishments xNhere persons. who en Illinois la Formatted: Font: Not Italic 11.3920t-8: SALE OR TRANSFER OR CHANGE OF LOCATION: Upon sale, transfer or' ' 1 Formatted Font: Not Italic relocation of a massage establishment, the license shall be null and void. I Formatted: Font: NotItalic 11.394-921: NAME AND PLACE OF BUSINESS: No person granted a license pursuant to Comment [GAW1]: State law exempts, among this (.1iaptef-Article shall operate the massage establishment under a name not specified in the other things, podiatrists, physicians, naprapaths, physical therapists, qualified members of other license, nor shall the person conduct business under any designation or location not specified in professional groups, including but not limited to the license, e\cept the location for outcall massage service need cified on the license.. nurses, occupational therapists, cosmetologists and estheticians from performing mas sa ge in a manner consistent with their training and code of ethics. Is a I ure to act oil , separate exception required for therapeutic ---- ........ massage at home or does exception cover it? licensee with respect to the licensed business shall be deemed to be the act of the ljccnsce I lie Formatted: Font: (Default) Times New Ro Not Italic licensee and individual cominittim- a violation arc iointiv and scVcraIlv liable forarry fines or �Formatted: Justified Formatted: Font: Bold Formatted: Font: Bold 11.39203: VIOLATION AND PENALTY: Any person violating any provisions of this Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li Article shall be punished by a fine in the amount set forth in appendix A, division III of this Formatted: justified 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 U,of Chapter 23 of t Moun Prospect Village Code shall bedeleted in its entirety. SECTION 5: Section 11.3410. entitled "Other Pccn^. of Chapter |l, Morhuua. Businesses, Occupations and Amusements, of Appendix &, Division 11 of the Mount Prospect Village Code shall br amended by inserting the following alphabetically: _ Establishment �o���1�__� ��_�c�_l�uc $1 00.00 SUbSeQ LICILL years. SECTION 6; Chapter ll, \1u,cbuota. Businesses, Occupations and Amusements, of Appendix /\. Division U1 of the Mount Prospect Village Code shall ho amended hy inserting u new Section ll.392IA./o6o and read uxfollows: Section ll]92A1: Penalty Massage Establishment. Formatted: Font: 8 pt � 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 full 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. AYES: _ NAYS: _ ABSENT: PASSED and APPROVED this day of , 20102. Irvana K. Wilks, Village President ATTEST: Lisa Angell, Village Clerk Formatted: Font: 1 pt ...... ........ Formatt F ont 8 pt 4 5 6 - 9 13aus� .......... ..... ............... T ext amendment: Comment [GW2]: P &Z must consider text A mend S ection 14.6014 I and I s ab of Arti VI. Chat - - ' � ' �)�f.'; l-.j t1111 11 �, Ot tl f.. lVl4 nllt ... amendment for Village Board review and approval. —. ... ..._ or PCOSt3e.et Vi la c, C,C }de, to prt ?vide d conditional us i-or massage establishments in the foil „o� ing nsertender theapplicable gory. , P ermit ted ... _ ..... ... ....... _ .. ..._. ___ . ...... ... ....... ........_... ...... i ri)nitt� C)t y3 , rncndin�gy ]Lin Use Cable' Commercial IndU €,i tl Zoning Districts, to insert the 9 �_L Establishment” andpclrnitted or conditional LISe references. alphlbeticaliy as follows: { Form atted F ont: 10 pt Fo rmatt ed. Font 8 pt v'1�56 . _ .......................... ....... 14- z'a:l.€�e -3 _............__ ................. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11 AND 23 AND APPENDIX A 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 ILCS 57/1 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 Chapter11 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 Defined Terms Or Phrases And Their Definitions: "Massage ", "Massage Patron ", "Massage Therapist ", and "Sexual Or Genital Area ". 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; Photo Identification Card 11.3907: Register of Employees 11.3908: Revocation or Suspension of License; Waiting Period After Revocation 11.3909: Reimbursement of Costs for Investigation Resulting in Business License Suspension or Revocation 11,3910: Revocation of Massage Therapist License 11.3911: Facilities Necessary 11.3912: Operating Requirements 11.3913: Persons Under Age 18 Prohibited On Premises 254856_10 11.3914: Alcoholic Beverages Prohibited 11.3915: Hours 11.3916: Employment of Massage Therapist 11.3917: Inspection Required 11.3918: Unlawful Acts 11.3919: Massage Establishment License — Exemptions 11.3920: Sale or Transfer or Change of Location 11.3921: Name and Place of Business 11.3922: Joint and Several Liability 11.3923 Violation and Penalty 11.3901: DEFINITIONS: For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section. Applicant. Any person or entity seeking a 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: 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 Establishment. Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on, or permits to be engaged in or carried on, 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, a 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 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. 254856_10 2 Sexual or Genital Area. Genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female. State License. A valid license issued pursuant to the Illinois Massage Licensing Act, 225 ILCS 57/1 et seq. 11.3902: BUSINESS LICENSE REQUIRED: A. Business license required. No person or entity shall engage in or carry out the business of massage unless that person has a valid Massage Establishment Business License issued by the Village pursuant to the provisions of this Article 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 Article, the requirements of the Mount Prospect Zoning Code pertaining to home occupations shall apply. A person or entity, who, prior to the adoption of this Article, has been issued a 2012 business license to engage in or carry out the business of massage, as a spa, massage therapy or health club, shall be subject to this Article, but shall not be required to apply for a separate license or pay an additional license fee for 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 Department of Community Development 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 Department of Community Development concerning compliance with the applicable regulations. The application, once accepted, shall also be referred 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 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. Federal Employer Identification Number (FEIN) and State of Illinois Business Tax Number (I BT). 254856_10 D. 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. E. The two (2) previous addresses immediately prior to the present address of the applicant. F. Proof that the applicant is a least eighteen (18) years of age. G. Individual or partnership applicant's height, weight, color of eyes, hair and sex. H. Copy of identification, such as a driver's license. I. 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. J. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. K. 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. L. All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted. M. 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. N. The name and address of any other business owned or operated by any person whose name is required to be given in Subsection (D). O. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. P. 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. 254856_10 4 Q. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application. R. 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. Applicants, who hold a valid state license, are exempt from the fingerprinting and criminal background check requirement, if a copy of the license is submitted with the application. Upon the completion of the above provided form and the furnishing of all foregoing information, the Department of Community Development shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the Department of Community Development of each change in any of the data required to be furnished by this Section within ten (10) 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 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 Offenses ", of the Illinois Criminal Code, 720 Illinois Compiled Statutes 5/11 -1 et. seq., as amended from time to time. (3) A violation of the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/100 et seq., as amended from time to time. (4) A violation of the Illinois Cannabis Control Act; 720 Illinois Compiled Statutes 550/1 et seq., as amended from time to time. 254856_10 5 (5) A felony offense enumerated in Article 24, Deadly Weapons, of the Illinois Criminal Code, 720 Illinois Compiled Statutes 5/24 -1 et seq., as amended from time to time, 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 guilt 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. 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, county or local agency within five (5) years prior to the date of the application. F. Any applicant is not over eighteen (18) years of age or older. G. Copies of the state licenses of persons, who will be providing massage services at the business establishment, including outcall services, have not been provided. 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 Article within a reasonable 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 Article 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 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 therapist's 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. C. To provide outcall massage service, the massage therapist must possess a government - issued photo identification card and state license in the name of the individual providing the service. 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, including massage therapists, along with their current photographs and a copy of their licenses. 254856_10 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 any case where any of the provisions of this 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 -four (24) months. 11.3909: REIMBURSEMENT OF COSTS FOR INVESTIGATION RESULTING IN BUSINESS LICENSE SUSPENSION OR REVOCATION: 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. 11.3910: REVOCATION OF MASSAGE THERAPIST LICENSE: A massage therapist license issued by the state may be revoked or suspended in accordance with the Illinois Massage Licensing Act, 225 ILCS 57/1 et seq., 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. 11.3911: 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. 254856_10 C. The minimum number of plumbing fixtures shall be provided and maintained as required by the Village Code. 11.3912: 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, nontransparent 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 patron until laundered. E. 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. F. 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. G. Oils, creams, lotions, and other preparations used in administering massages shall be kept in clean, closed containers or cabinets. H. 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. 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. J. Any reception or waiting area 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. 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. 254856_10 L. 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. M. No advertising will suggest or describe the physical characteristics of employees or massage therapists. N. No person shall be denied a massage or access to the massage establishment because of gender. 11.3913: PERSONS UNDER AGE 18 PROHIBITED ON PREMISES: It shall be unlawful to permit any person under the age of eighteen (18) years to be offered or receive a massage at any massage business establishment unless accompanied by, or with written consent of, a parent or legal guardian.. 11.3914: 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. 11.3915: 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. 11.3916: 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 57/1 et seq., as it may be amended from time to time. 11.3917: INSPECTIONS REQUIRED: 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. 11.3918: 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. 254856_10 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 -14.3, AND 5/11 -14.4, 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, 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 Article or as outcall massage service. 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 ESTABLISHMENT LICENSE — EXEMPTIONS: 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. 11.3920: SALE OR TRANSFER OR CHANGE OF LOCATION: Upon sale, transfer or relocation of a massage establishment, the license shall be null and void. 11.3921: NAME AND PLACE OF BUSINESS: No person granted a license pursuant to this 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, except that the location for outcall massage service need not be specified on the license. 11.3922: JOINT AND SEVERAL LIABILITY: Any act or failure to act of an employee, a person performing massage at or on behalf of a massage establishment, or an agent of the licensee with respect to the licensed business shall be deemed to be the act of the licensee. The licensee and individual committing a violation are jointly and severally liable for any fines or penalties assessed pursuant to this Article. 254856_10 10 11.3923: 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 II, of Chapter 23 of the Mount Prospect Village Code shall be deleted in its entirety. SECTION 5 : Section 11.3410, 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: S. Massage Establishment Annually: $250.00 first year; $100.00 subsequent years. 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 11.3923, to be and read as follows: Section 11.3923: 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 full 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. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 254856_10 11