HomeMy WebLinkAboutOrd 5406 01/20/2004
ORDINANCE NO. 5406
AN ORDINANCE AMENDING CHAPTERS 11 AND 23,
AND CREATING SECTION 23.207 ENTITLED "MASSAGE THERAPISTS"
FOR THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
Passed and approved by
the President and Board of Trustees
the 20th day of January, 2004.
Published in pamphlet form
by authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
21st day of January, 2004.
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ORDINANCE NO. 5406
AN ORDINANCE AMENDING CHAPTERS 11 and 23
AND CREATING SECTION 23.207 ENTITLED "MASSAGE THERAPISTS"
FOR THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: That Article XXXIII entitled "Massage Therapists," in Chapter 11
entitled "Merchants, Businesses, Occupations and Amusements," of the Village Code,
as amended, is hereby further amended by repealing Article XXXVIII entitled "Massage
Therapists" in its entirety and reserving Article XXXVIII.
SECTION 2: A new Section 23.207 entitled "Massage Therapist
Establishments," shall be added to Chapter 23, entitled "Offenses and Miscellaneous
Regulations," of the Village Code of the Village of Mount Prospect and shall be and read
as follows:
Sec. 23.207.
Massage Therapist Establishments.
A.
Prohibited Acts.
1. It shall be unlawful for a massage therapist to touch a patron in the sexual
or genital areas which are not covered by towels, clothing, cloths or undergarments.
2. It shall be unlawful for any person while on any premises where massages
are given to fondle in any manner, to massage, or to touch with any part of his or her
body, a sexual or genital area of any other person.
3. 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.
anage 127280 1
4. 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.
B.
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 3:
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 Therapist", "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.
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.
SEXUAL OR GENITAL AREA
Genitals, pubic area, anus, or perineum of any
person, or the vulva or breasts of a female.
SECTION 4:
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, Wilks, Zadel
NAYS:
None
ABSENT:
None
PASSED and APPROVED this 20th day of January, 2004.
ATTEST:
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Velm Lowe, Village Clerk
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