Ordinance 1999-14 Revised July 8, 1999
Yorkville Police Department
United City of Yorkville
Massage Parlor Ordinance
06-15-99
Massage Parlor reasonably expF 'l that the person to whom the
treatment is proN__.;d or some third person on his or
116.01 Definitions her behalf will pay money or give any other
116.02 Permit required consideration or any gratuity therefore.
5.03 Exemptions (D) MASSAGE ESTABLISHMENT. Any
1 16.04 Application for massage establishment license establishment having a source of income or
116.05 Application for massagist's permit compensation derived from the practice of massage as
116.06 Issuance of license or permit for a massage defined in 116.01(C) and which has a fixed place of
establishment business where any person, firm, association or
116.07 Approval or denial of application corporation engages in or carries on any of the
116.08 Waiver of application requirements activities as defined in 116.01(C).
116.09 Multiple massage establishments (E) MASSAGIST, MASSEUR, or
116.10 Posting of license MASSEUSE. Any person who,for any consideration
116.11 Register of employees whatsoever, engages in the practice of massage.
116.12 Revocation of masseur or masseuse permit (F) OUTCALL MASSAGE SERVICE. Any
116.13 Facilities necessary business,the function of which is to engage in or carry
116.14 Operating requirements on massages at a location designated by the customer
116.15 Persons under age 18 prohibited on premises or client rather than at a massage establishment.
116.16 Alcoholic beverages prohibited (G) PATRON. Any person over 18 years of
116.17 Hours age who receives a massage under such circumstances
116.18 Employment of massagist that it is reasonably expected that he or she will pay
116.19 Inspection required money or give any other consideration therefore.
116.20 Unlawful acts (H) RECOGNIZED SCHOOL. Any school or
116.21 Sale or transfer or change of location educational institution licensed to do business as a
116.22 Name and place of business school or education institution in the state in which it
5.23 Transfer of license is located,or any school recognized by or approved by
or affiliated with the American Massage and Therapy
116.01 Definitions Association, Inc. and which has for its purpose the
teaching of the theory,method, profession or work of
For purposes of this subchapter, the following massage, which school requires a resident course of
words and phrases shall have the following meanings study not less than 70 hours before the student shall be
ascribed to them respectively. furnished with a diploma or certificate of graduation
(A) EMPLOYEE. Any person over 18 years from such school or institution of learning following
of age,other than a massagist,who renders any service the successful completion of such course of study or
in connection with the operation of a massage business learning.
and receives compensation from the operator of the (I) SEXUAL or GENITAL AREA. Genitals,
business or patrons. pubic area,buttocks,anus,or perineum of any person,
(B) LICENSEE. The person to whom a or the vulva or breasts of a female.
license has been issued to own or operate a massage
establishment. 116.02 Permit Required
(C) MASSAGE. Any method of pressure on
or friction against, or stroking, kneading, rubbing, (A) Business license required. No person shall
tapping, pounding, vibrating, or stimulating of the engage in or cant'out the business of massage unless
external parts of the human body with the hands or he/she has a valid massage business license issued by
with the aid of any mechanical electrical apparatus or the City for each and every separate office or place of
--Dliances with or without such supplementary aids as business conducted by such person.
-)bing alcohol, liniments, antiseptics, oils, powder, (B) Massagist's permit required. No person
creams, lotions, ointment or other such similar shall practice massage as a massagist, employee or
preparations commonly used in the practice of otherwise, unless he/she has a valid and subsisting
massage, under such circumstances that it is massagist's permit issued to him by the City.
116.03 Exemptions (1 Tf applicant is a partnership, the
names and reside___.;addresses of each of the partners
This subchapter shall not apply to the following including limited partners, and the address of the
individuals while engaged in the personal performance partnership itself, if different from the address of the
the duties of their respective professions: massage establishment.
(A) Physicians, surgeons, chiropractors, (4) The two previous addresses immediately
osteopaths, or physical therapists who are duly prior to the present address of the applicant.
licensed to practice their respective professions in the (5) Proof that the applicant is at least 18 years
state. of age.
(B) Nurses who are registered under the laws (6) Individual or partnership applicant's
of this state. height, weight, color of eyes and hair, and sex.
(C) Barbers and beauticians who are duly (7) Copy of identification such as driver's
licensed under the laws of this state, except that this license and social security card.
exemption shall apply solely to the massaging of the (8) One portrait photograph of the applicant at
neck, face, scalp and hair of the customer or client for least two inches and a complete set of applicant's
cosmetic or beautifying purposes. fingerprints which shall be taken by the Chief of Police
or his agent. If the applicant is a corporation, one
116.04 Application For Massage portrait photograph at least two inches by two inches
Establishment License of all officers and managing agents of the corporation
and a complete set of the same officers' and agents'
(A) Every applicant for a license to maintain, fingerprints which shall be taken by the Chief of Police
operate, or conduct a massage establishment shall file or his agent. If the applicant is a partnership, one
an application under oath with the City upon a form front-face portrait photograph at least two inches by
provided by the City Clerk and pay a nonrefundable two inches in size of each partner, including a limited
-nnual license fee. The application, once accepted, partner in the partnership, and a complete set of each
ill be referred to the City Clerk for investigation. partner or limited partner's fingerprints which shall be
Copies of the application shall within five days also be taken by the Chief of Police or his agents.
referred to the department of building and safety, and (9) Business, occupation, or employment of
the Health Department. The Department shall within the applicant for the three years immediately preceding
30 days inspect the premises proposed to be operated the date of application.
as a massage establishment and shall make written (10) The massage or similar business license
verification to the City Clerk concerning compliance history of the applicant; whether such person in
with the codes of the City that they administer. The previously operating in this or another City or state has
application shall further be referred to the Police had a business license revoked or suspended, the
Department for investigation of the applicant's reason therefor,and the business activity or occupation
character and qualifications. Each application shall subsequent to such action of suspension or revocation.
contain the following information: (11) All criminal convictions other than
(1) A definition of service to be provided. misdemeanor traffic violations, including the date of
(2) The location, mailing address, and all convictions,nature of the crime, and place convicted.
telephone numbers where the business is to be (12) The name and address of each massagit
conducted. who is or will be employed in the establishment.
(3) The name and residence address of each (13) Applicant must furnish a diploma or
applicant. certificate of graduation from a recognized school or
(a) If applicant is a corporation, the other institution of learning where in the method,
names and residence addresses of each of the officers profession, and work of massage is taught, provided,
--d directors of the corporation and of each if the applicant will not himself/herself engage in the
ckholder owning more than 10%of the stock of the practice of massage, he/she need not possess such
corporation, and the address of the corporation itself, diploma or certificate of graduation.
if different from the address of the massage (14) The name and address of any massage
establishment. business or other establishment owned or operated by
any person whose name is requh, co be given in and eyes, and sc
116.04 wherein the business or profession of massage (E) Written evidence that the applicant is at
is carried on. least 1 R years of age.
(15) A description of any other business to be (F) A complete statement of all convictions of
crated on the same premises or on adjoining the applicant for any felony,misdemeanor,or violation
premises owned or controlled by the applicant. of a local ordinance, except misdemeanor traffic
(16) Authorization for the City,its agents,and violations.
employees to seek information and conduct an (G) Fingerprints of the applicant taken by the
investigation into the truth of the statements set forth Police Department.
in the application and the qualifications of the (H) Two front face portrait photographs taken
applicant for the permit. within 30 days of the date of application and at least
(17) Such other identification and information two inches in size.
necessary to discover the truth of the matters specified (I) The name and address of the recognized
as required to be set forth in the application. school attended, the dates attended, and a copy of the
(18) The names,current addresses and written diploma or certificate of graduation awarded the
statements of at least three bona fide permanent applicant showing the applicant has completed not less
residents of the United States that the applicant is of than 70 hours of instruction.
good moral character. If the applicant is able, the (J) The massage or similar business history
statement must first be furnished from residents of the and experience prior to the date of application,
City,then the county,then the state. These references including, but not limited to, whether or not such
must be persons other than relatives and business person in previously operating in this or another city or
associates. state under license or permit has had the license or
(B) On the completion of this form, and the permit denied,revoked, or suspended and the reasons
furnishing of all foregoing information,the City Clerk therefor, and the business activities or occupations
all accept the application for the necessary subsequent to the action of denial, suspension, or
✓estigations. The holder of a massage establishment revocation.
license shall notify the City Clerk of each change in (K) The names,current addresses,and written
any of the data required to be furnished by this section statements of at least five bona fide permanent
within ten day after such change occurs. residents of the United States,other than relatives,that
the applicant is of good moral character. If the
116.05 Application For Massagist's Permit applicant is able,the statement must first be furnished
from residents of the City, then the county, then the
Application for a massagist's business permit state.
shall be made to the City Clerk in the same manner as (L) A medical certificate signed by a
provided above for massage establishment licenses, physician, licensed to practice in the state, within
accompanied by the annual nonrefundable massagist's seven days of the date of the application. The
permit fee. Massagist's who have already paid the certificate shall state that the applicant was examined
permit fee for the current period shall not be required by the certifying physician and that the applicant is
to pay an additional fee. The application shall contain free of communicable disease. The additional
but not be limited to the following: information required by the division shall be provided
(A) The business address and all telephone at the applicant's expense.
numbers where the massage is to be practiced. (M) Such other information,identification,and
(B) Name and residence address, and all physical examination of the person deemed necessary
names, nicknames, and aliases by which the applicant by the Police Chief in order to discover the truth of the
has been known,including the two previous addresses matters required to be set forth in the application.
mediately prior to the present address of the (N) Authorization for the City, its agents, and
__,.plicant. employees to seek information and conduct an
(C) Social security number, driver's license investigation into the truth of the statements set fort in
number, if any, and date of birth. the application and the qualifications of the applicant
(D) Applicant's weight, height, color of hair for the permit.
(0) Written declaration by t. pplicant,under misdemeanor cc tions for crime mentioned in this
penalty of perjury, that the foregoing information section.
contained in the application is true and correct, the (D) The applicant has knowingly made any
declaration being duly dated and signed in the City. false,misleading,or fraudulent statement of fact in the
(P) The applicant shall submit a $75.00 permit application or in any document required by the
application fee at the time of submission of said City.
application. (E) The applicant has had a massage business,
masseur, or other similar permit or license denied,
116.06 Issuance Of License Or Permit For revoked,or suspended by the City or any other state or
A Massage Establishment local agency within five years prior to the date of the
application.
The City shall issue a license for a massage (F) The applicant, if an individual, or any of
establishment or a permit for a masseur or masseuse if the officers and directors, if the applicant is a
all requirements for a massage establishment or corporation, or any of the partners, including limited
massagist permit described in this subchapter are met partners, if the applicant is a partnership, and the
unless it finds: manager or other person principally in charge of the
(A) The correct permit or license fees has not operation of the business, is not over the age of 18
been tendered to the City, and, in the case of a check, years.
or bank draft, honored with payment upon
presentation. 116.07 Approval Or Denial Of Application
(B) The operation, as proposed by the
applicant, if permitted, would not comply with all The City shall act to approve or deny an
applicable laws, including, but not limited to, the application for a license or permit under this
City's building, zoning, and health regulations. subchapter within a reasonable period of time and in
(C) (1) The applicant, if an individual,or any no event shall the City act to approve or deny the
the stockholders holding more than 10% of the license or permit later than 90 days from the date that
stock of the corporation, any of the officers and the application was filed with the City Clerk. Every
directors, or any of the partners, including limited license or permit issued pursuant to this subchapter
partners, if the applicant is a partnership,or the holder will terminate at the expiration of one year from the
of any lien, of any nature, upon the business and the date of its issuance unless sooner suspended or
equipment used therein, and the manager or other revoked. Prior to issuance of a License hereunder,the
person principally in charge of the operation of the Investigation Report of the application by the Chief of
business,have been convicted of any of the following Police shall be forwarded to the Mayor and City
offenses or convicted of an offense outside the state Council for review.
that would have constituted any of the following
offenses if committed within the state. 116.08 Waiver O f Application
(a) An offense involving the use of Requirements
force and violence upon the person of another that
amounts to a felony. The City shall waive the requirements of
(b) An offense involving sexual 116.01(H) and 116.05(I) if the applicant furnishes
misconduct. satisfactory evidence that he or she attended not less
(c) An offense involving narcotics, than 70 hours of instruction in a school in or out of the
dangerous drugs, or dangerous weapons that amounts state or in any foreign country that provides education
to a felony. substantially equal to or in excess of the educational
(2) The City may issue a license or permit to requirements of this subchapter.
person convicted of any of the crimes described in
o.06(1)(A),(B)or(C)if it finds that such conviction 116.09 Multiple Massage Establishments
occurred at least five years prior to the date of the
application and the applicant has had no subsequent Should any massage business have more than
felony convictions of any nature and no subsequent one location, a permit stating both the address of the
principal place of business and of )ther locations floors need not irovided with pitched floors and
shall be issued by the Chief of Police upon the tender floor drains.
of another license fee. Licenses issued for other (C) A source of hot water must be available
locations shall terminate on the same date as that of the within the immediate vicinity of dry and wet heat
ncipal place of business, regardless of the date of rooms to facilitate cleaning.
issuance. (D) The premises shall have adequate
equipment for disinfecting and sterilizing
116.10 Posting Of License nondisposable instruments and materials used in
administering massages. These nondisposable
(A) Every massagist shall post the permit instruments and materials shall be disinfected after use
required by this subchapter in his/her work area. on each patron.
(B) Every person,corporation,partnership,or (E) Closed cabinets shall be provided and used
association licensed under this subchapter shall display for the storage of clean linen, towels and other
such license in a prominent place. materials used in connection with administering
massages. All soiled linens, towels, and other
116.11 Register Of Employees materials shall be kept in properly covered containers
or cabinets,which containers or cabinets shall be kept
The license or person designated by the separate from the clean storage areas.
licensee of a massage establishment shall maintain a (F) Toilet facilities shall be provided in
register of all persons employed at any time as convenient locations. When employees and patrons of
masseurs or masseuses and their permit numbers. The different sexes are on the premises at the same time,
register shall be available at the massage establishment separate toilet facilities shall be provided for each sex.
to representatives of the City during regular business A single water closet per sex shall be provided for each
hours. 20 or more employees or patrons of that sex on the
premises at any one time. Urinals may be substituted
a.12 Revocation Of Masseur Or Masseuse for water closets after one water closet has been
Permit provided. Toilets shall be designated as to the sex
accommodated therein.
A masseur or masseuse permit issued by the (G) Lavatories or washbasins provided with
Chief of Police shall be revoked or suspended where it both hot and cold running water shall be installed in
appears that the masseur or masseuse has been either the toilet room or a vestibule. Lavatories or
convicted of any offense which would be cause for washbasins shall be provided with soap and a
denial of a permit upon an original application, has dispenser and with sanitary towels.
made a false statement on an application for a permit, (H) All electrical equipment shall be installed
or has committed an act in violation of this subchapter. in accordance with the requirements of the City
Electrical Code.
116.13 Facilities Necessary
116.14 Operating Requirements
No license to conduct a massage establishment
shall be issued unless an inspection by the City reveals (A) Every portion of the massage
that the establishment complies with each of the establishment, including appliances and apparatus,
following minimum requirements: shall be kept clean and operated in a sanitary
(A) Construction of rooms used for toilets, condition.
tubs, steam baths, and showers shall be made (B) Price rates for all services shall be
waterproof and shall be installed in accordance with prominently posted in the reception area in a location
> City Building Code. Plumbing fixtures shall be available to all prospective customers.
.called in accordance with the City Plumbing Code. (C) All employees, including masseurs and
(B) Floors of wet and dry heat rooms shall be masseuses, shall be clean and wear clean,
adequately pitched to one or more floor drains properly nontransparent outer garments covering the sexual and
connected to the sewer. Dry heat rooms with wooden genital areas. These garments shall be restricted to the
massage establishment. A separate ,ssing room for subchapter are y complied with. It shall be
each sex must be available on the premises with unlawful for any permittee to fail to allow the
individual lockers for each employee. Doors to such Inspection Officer.9mess to the premises or hinder the
Aressing rooms shall open inward and shall be self- Officer in any manner.
)sing.
(D) All massage establishments shall be 116.20 Unlawful Acts
provided with clean, laundered sheets and towels in
sufficient quantity and shall be laundered after each (A) It shall be unlawful for any person, in a
use and stored in a sanitary manner. massage parlor,to place his or her hand or hands on,to
(E) No massage establishment granted a touch with any part of his or her body,to fondle in any
license under the provisions of this subchapter shall manner,or massage,a sexual or genital part of an other
place,publish,or distribute any advertisement,picture, person.
or statement which is known or through the exercise of (B) It shall be unlawful for any person, in a
reasonable care should be known to be false, massage parlor, to expose his or her sexual or genital
deceptive,or misleading in order to induce any person parts, or portion thereof, to any other person. It shall
to purchase or utilize any professional massage also be unlawful for any person, in a massage parlor,
services. to expose the sexual or genital parts, or any portions
thereof, of any other person.
116.15 Persons Under Age 18 Prohibited On (C) It shall be unlawful for any person, while
Premises in the presence of any other person in a massage
parlor,to fail to conceal with a fully opaque covering,
No person shall permit any person under the the sexual or genital parts of his or her body.
age of 18 years to come or remain on the premises of (D) It shall be unlawful for any person owning,
any massage establishment as masseur, employee, or operating or managing a massage parlor,knowingly to
^tron,unless such person is on the premises on lawful cause,allow,or permit,in or about the massage parlor,
.siness. any agent, employee, or any other person under his or
her control or supervision to perform such acts
116.16 Alcoholic Beverages Prohibited prohibited in 116.20.
(E) It shall be unlawful for any permittee
No person shall sell,give,dispense,provide,or under this subchapter to administer massage on an
keep any alcoholic beverage on the premises of any outcall basis. Such person shall administer massage
massage business. solely within an establishment licensed to carry on the
business under this chapter. Any violation of these
116.17 Hours provisions shall be deemed grounds for revocation of
the permit granted. The restriction on outcall massage
No massage business shall be kept open for any shall not apply to a permittee who performs outcall
purpose between the hours of 10:00 PM and 6:00 AM. massage as defined herein upon a customer or client
who, because of reasons of physical defects or
116.18 Employment Of Massagist incapacities or due to illness is physically unable to
travel to the massage establishment. If any outcall
No person shall employ as a massagist any massage is performed under this exception,a record of
person unless the employee has obtained and has in the date and hour of each treatment, the name and
effect a permit issued pursuant to this subchapter. address of the customer or client, the name of the
employee administering such treatment and the type of
116.19 Inspection Required treatment administered, as well as the nature of the
physical defect, incapacity, or illness of the client or
The Chief of Police or his authorized customer shall be kept by the licensee or employee
representatives shall from time to time make designated by the licensee. These records shall be
inspection of each massage establishment for the open to inspection by officials charged with the
purposes of determining that the provision of this enforcement of public health laws. The information
furnished or secured as a result of L nspection shall except with the, -,nt of the City. An application for
be confidential. Any unauthorized disclosure or use of such transfer s«a11 be in writing and shall be
such information by an employee of the business of the accompanied by fees prescribed in 116.04 and 116.05.
City shall be unlawful. The written application for transfer shall contain the
(F) It shall be unlawful for any massage same information as requested for initial application
service to be carried on within any cubicle, room, for the license or permit.
booth, or any area within a massage establishment
which is fitted with a door capable of being locked. 116.24 Penalties For Violation
All doors or doorway coverings within a massage
establishment shall have an unobstructed opening six Pursuant to this Ordinance, each day of a
inches by six inches in size capable of clear two-way violation thereof shall be deemed to be a separate and
viewing into and out of all cubicles, rooms or booths. continuing violation for purposes of penalty
The openings shall not be less than 4 %z feet from the assessments. Violation of this Ordinance shall subject
floor of establishment nor more than 5 %feet from the any offender found guilty thereof liable for a sum not
floor. Toilets and cubicles used solely for the to exceed $500.00 for each day of the continuing
application of liquid and vapor baths shall have no violation. In determining the amount of the penalty,
such opening in the covering door or curtain,but shall consideration shall be given to the permittee's history
be clearly marked as to the purpose on the exterior of previous violations of this Ordinance.
door or curtain of the cubicle,room,or booth. Nothing
contained herein shall be construed to eliminate other
requirements of statue or ordinance concerning the
maintenance of premises, nor to preclude authorized
inspection when inspection is deemed necessary by the
Police or Health Departments.
5.21 Sale, Transfer Or Change Of
Location
Upon sale,transfer, or relocation of a massage
establishment,the license shall be null and void unless
approved as provided in 116.06, provided that upon
the death or incapacity of the licensee or any co-
licensee of the massage establishment, any heir or
devisee of a deceased licensee, or any guardian of an
heir or device of a deceased licensee,may continue the
business of the massage establishment for a reasonable
period of time not to exceed 60 days to allow for an
orderly transfer of the license.
116.22 Name And Place Of Business
No person granted a license pursuant to this
subchapter shall operate the massage establishment
under a name not specified in his license, nor shall
he/she conduct business under any designation or
'-,ation not specified in his/her license.
116.23 Transfer Of License
No license or permit shall be transferable
IN WITNESS WHEREOF, this Ordinance has been enacted thisF�day of �2z� , 1999.
rASSED AND APPROVED THIS OC7-4— day of ' 1999.
MAYOR
ATTEST:
ITY CLERIL
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500