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Ordinance 2014-19 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2014-19 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, REGARDING MASSAGE ESTABLISHMENTS Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 13'h day of May, 2014 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on May 27, 2014. Ordinance No. 2014-IT AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, REGARDING MASSAGE ESTABLISHMENTS WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the Massage Licensing Act (225 ILCS 57/1 et seq.) provides that the Massage Licensing Board of the Department of Financial and Professional regulation created by the Act has exclusive power over the regulation and licensing of massage therapists; and, WHEREAS, the Yorkville City Code contains licensing regulations that must be amended to comply with the Massage Licensing Act. Section 1: Title 3, Chapter 9 is hereby deleted and a new Chapter 9 in the form attached hereto as Exhibit A is to be inserted in its stead. Section 2: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this�_day of 12014. S&7zv� CITY CLERK CARLO COLOSIMO KEN KOCH y JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER Al JOEL FRIEDERS ROSE ANN SPEARS 1— DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this as day of M,4� 2014. .,4441 MA Ordinance No. 2014-A Page 2 Exhibit A Chapter 9 MASSAGE ESTABLISHMENTS 3-9-1: DEFINITIONS: 3-9-2: PERMIT REQUIRED: 3-9-3: EXEMPTIONS: 3-9-4: APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE: 3-9-5: ISSUANCE OF LICENSE OR PERMIT FOR ESTABLISHMENT: 3-9-6: APPROVAL OR DENIAL OF APPLICATION: 3-9-7: POSTING OF LICENSE: 3-9-8: REGISTER OF EMPLOYEES: 3-9-9: FACILITIES NECESSARY: 3-9-10: OPERATING REQUIREMENTS: 3-9-11: ALCOHOLIC BEVERAGES PROHIBITED: 3-9-12: EMPLOYMENT OF MASSAGIST: 3-9-13: INSPECTION REQUIRED: 3-9-14: UNLAWFUL ACTS: 3-9-15: SALE, TRANSFER OR CHANGE OF LOCATION: 3-9-16: NAME AND LOCATION OF BUSINESS: 3-9-17: TRANSFER OF LICENSE: 3-9-18: ZONING: 3-9-1: DEFINITIONS: For purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively: APPROVED MASSAGE SCHOOL: means a facility as defined in section 10 of the Massage Licensing Act (225 ILCS 57/10) EMPLOYEE: Any person over eighteen (18) years of age, other than a massagist, 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 person to whom a license has been issued to own or operate a massage establishment. MASSAGE: means massage or massage therapy as defined in section 10 of the Massage Licensing Act (225 ILCS 57/10). MASSAGE ESTABLISHMENT: Any establishment having a source of income or compensation derived from the practice of"massage" as defined in this section and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities as defined in this section. MASSAGE THERAPIST: a person as defined in section 10 of the Massage Licensing Act (225 ILCS 57/10) and may be described in this Chapter as massagist, masseur or masseuse. PATRON: Any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor. SEXUAL OR GENITAL AREA: Genitals,pubic area,buttocks, anus, or perineum of any person, or the vulva or breasts of a female. (Ord. 99-14, 7-8-1999) 3-9-2: PERMIT REQUIRED: A. Business License Required: No person shall engage in or carry out the business of massage for compensation unless he/she has a valid massage establishment business license issued by the City for each and every separate office or place of business conducted by such person. B. Massage Therapist Requirements: No person shall engage in massage for compensation unless he/she has a valid license issued by the Massage Licensing Board of the Department of Financial and Professional Regulation. (Ord. 99-14, 7-8-1999) 3-9-3: EXEMPTIONS: The licensing requirements of this Chapter shall not be applicable to: A. Hospitals, nursing homes and persons holding an unrevoked certificate to practice the healing arts under the laws of the Illinois Department of Professional Regulation, including but not limited to chiropractors, naprapaths, nurses, occupational therapists, physical therapists and physicians. B. Any barber, cosmetologist or nail technician lawfully carrying on their respective business to the extent authorized under a valid unrevoked license or certificate or registration issued by the State. Provided, this exemption is only intended to permit normal and customary barber, cosmetologist or nail technician services which involve incidental physical contact, such as scalp rubs and facials, which otherwise qualify as massage activities. This exemption is not intended to include, and does not permit, general massage activities as part of any barber, cosmetologist or nail technician business beyond that authorized by the state license or certification. C. Any state registered athletic trainer who administers such athletic-related massage in the normal course of training duties. D. A business which employs or includes not more than one massage therapist shall not be required to apply for or obtain a massage establishment license. Such exempt business must be located in a structure which contains no more than one room where massage activities are performed. Except for businesses which operate separate and distinct hours of operation, such exempt businesses must also be the sole massage activity within such structure. Under no circumstances shall more than two exempt businesses be permitted in any structure. Provided further, a State massage therapist's license shall be required for the individual massage therapist performing massage activities in such exempted business. E. Where massage services are actually performed at the patron's premises, including the patron's place of business or residence, a massage therapy clinic license shall not be required for such patron's premises. However, a State massage therapist's license shall be required for the massage therapist performing massage activities in such patron's premises." 3-9-4: APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE: A. An application for a license required by this chapter shall be made in writing under oath to the City Clerk on a form prescribed by the City Clerk. All references to the City Clerk in this Chapter shall be deemed to include the City Clerk or his or her authorized designee. Each application shall include,but not be limited to, the following information: 1. The name of the individual, partnership, corporation or association applying for a license. 2. The residence, phone number, date of birth and driver's license number of the applicant or partners; or, if a corporation or association, the residence,phone number and driver's license number of the officers and all shareholders owning more than five percent (5%) of the outstanding shares of stock. 3. The location for which the license is requested. 4. Whether the applicant, its partners, officers or listed shareholders have been convicted of any criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction. 5. Such information as required by the chief of police in order to conduct a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent (5%) of the outstanding shares of stock. 6. Whether the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the purchase or sale of used property revoked for cause, and, if so, list the date of revocation and jurisdiction. 7. A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application. B. The applicant for a massage establishment license required by this Chapter shall pay the City Clerk at the time of filing an application, a license fee of two hundred dollars ($200.00) per calendar year. If at the time application is made for a license and less than six (6) months of the current license year shall have expired, the full license fee shall be charged. If more than six (6) months of such current year shall have expired, a license fee of one-half(1/2) the full fee shall be charged. C. Each applicant shall be required to submit to fingerprinting by the police department in connection with the application for a license. The applicant shall pay the fee as set by the Illinois State Police for fingerprint submissions. D. Upon receipt of an application for a license under this chapter, the City Clerk shall cause a copy thereof to be sent to the Chief of Police and the Community Development Director,both of whom shall report back to the City Clerk in thirty(30) days whether the applicant is in accordance with applicable City codes. The investigation by the Chief of Police shall include, but not be limited to, conducting a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent (5%) of the outstanding shares of stock. 3-9-5: ISSUANCE OF LICENSE OR PERMIT FOR ESTABLISHMENT: Upon approval of the Chief of Police and Community Development Director, the City Clerk shall issue a license for a massage establishment if all requirements for a massage establishment described in this Chapter are met unless it finds: A. The correct permit or license fees have not been tendered to the City, and, in the case of a check, or bank draft, honored with payment upon presentation. B. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City's building, zoning, and health regulations. C. 1. The applicant, if an individual, or any of the stockholders holding more than five percent (5%) of the stock of the corporation, any of the officers and directors, or any of the partners, including limited partners, if the applicant is a partnership, or the holder of any lien, of any nature,upon the business and the equipment used therein, and the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses or convicted of an offense outside the State that would have constituted any of the following offenses if committed within the State: a. An offense involving the use of force and violence upon the person of another that amounts to a felony. b. An offense involving sexual misconduct. c. An offense involving narcotics, dangerous drugs, or dangerous weapons that amounts to a felony. 2. The City may issue a license or permit to any person convicted of any of the crimes described in subsection C 1 a, C 1 b or C 1 c of this Section if it finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor or convictions for crime mentioned in this Section. D. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City. E. The applicant has had a massage business,masseur, or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of the application. F. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years. (Ord. 99-14, 7-8-1999) 3-9-6: APPROVAL OR DENIAL OF APPLICATION: The City shall act to approve or deny an application for the license or permit under this Chapter within a reasonable period of time and in no event shall the City act to approve or deny the license or permit later than ninety(90) days from the date that the application was filed with the City Clerk (Ord. 99-14, 7-8-1999) 3-9-7: POSTING OF LICENSE: A. Every massage therapist shall post his or her State license in his/her work area. B. Every person, corporation,partnership, or association licensed under this Chapter shall display such license in a prominent place. (Ord. 99-14, 7-8-1999) 3-9-8: 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 as massage therapists and their State licenses. The register shall be available at the massage establishment to representatives of the City during regular business hours. (Ord. 99-14, 7-8-1999) 3-9-9: FACILITIES NECESSARY: No license to conduct a massage establishment shall be issued unless an inspection by the City reveals that the establishment complies with each of the following minimum requirements: A. Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof and shall be installed in accordance with the City building code. Plumbing fixtures shall be installed in accordance with the City plumbing code. B. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains. C. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning. D. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. These nondisposable instruments and materials shall be disinfected after use on each patron. E. 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. F. All plumbing shall meet the requirements set forth in the Illinois State Plumbing Code. G. Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels. H. All electrical equipment shall be installed in accordance with the requirements of the City electrical code. (Ord. 99-14, 7-8-1999) 3-9-10: OPERATING REQUIREMENTS: A. Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition. B. Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers. C. All employees, including masseurs and masseuses, shall be clean and wear clean, nontransparent outer garments covering the sexual and genital areas. These garments shall be restricted to the massage establishment. A separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing. D. All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use and stored in a sanitary manner. E. No massage establishment granted a license under the provisions of this Chapter shall place, publish, or distribute 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. (Ord. 99-14, 7-8- 1999) 3-9-11: ALCOHOLIC BEVERAGES PROHIBITED: No person shall sell, give, dispense,provide, or keep any alcoholic beverage on the premises of any massage business. (Ord. 99-14, 7-8-1999) 3-9-12: EMPLOYMENT OF MASSAGIST: No person shall employ as a massage therapist any person unless the employee has obtained and has in effect a license issued by the Massage Licensing Board of the Department of Financial and Professional Regulation. (Ord. 99-14, 7-8-1999) 3-9-13: INSPECTION REQUIRED: The Chief of Police or his authorized representatives shall from time to time make inspection of each massage establishment for the purposes of determining that the provisions of this Chapter are fully complied with. It shall be unlawful for any permittee to fail to allow the inspection officer access to the premises or hinder the officer in any manner. (Ord. 99-14, 7-8-1999) 3-9-14: UNLAWFUL ACTS: A. It shall be unlawful for any person, in a massage parlor, to place his or her hand or hands on, to touch with any part of his or her body, to fondle in any manner, or massage, a sexual or genital part of another person. B. It shall be unlawful for any person, in a massage parlor, to expose his or her sexual or genital parts, or portion thereof, to any other person. It shall also be unlawful for any person, in a massage parlor, to expose the sexual or genital parts, or any portions thereof, of any other person. C. It shall be unlawful for any person, while in the presence of any other person in a massage parlor, to fail to conceal with a fully opaque covering, the sexual or genital parts of his or her body. D. It shall be unlawful for any person owning, operating or managing a massage parlor, knowingly to cause, allow, or permit, in or about the massage parlor, any agent, employee, or any other person under his or her control or supervision to perform such acts prohibited in this Section. 3-9-15: 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 Section 3-9-6 of this Chapter,provided that upon the death or incapacity of the licensee or any colicensee of the massage establishment, any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee,may continue the business of the massage establishment for a reasonable period of time not to exceed sixty (60) days to allow for an orderly transfer of the license. (Ord. 99-14, 7-8-1999) 3-9-16: NAME AND LOCATION OF BUSINESS: No person granted a license pursuant to this chapter shall operate the massage establishment under a name not specified in his license, nor shall he/she conduct business under any designation or location not specified in his/her license. (Ord. 99-14, 7-8-1999) 3-9-17: TRANSFER OF LICENSE: No license or permit shall be transferable except with the consent of the city. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in sections 3-9-4 and 3-9-5 of this chapter. The written application for transfer shall contain the same information as requested for initial application for the license or permit. (Ord. 99-14, 7-8-1999) 3-9-18: ZONING: Massage Parlor establishments shall be allowed as permitted uses in the B-1 Limited Business District, B-2 General Business Districts, B-3 Service Business Districts and B-4 Business District.