Ordinance 2018-10 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-10
ORDINANCE AMENDING TITLE 3,CHAPTER 9 OF THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
(MASSAGE ESTABLISHMENTS)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 23'd day of January,2018
I
I
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on January 24,2018.
Ordinance No. 2018-10
ORDINANCE AMENDING TITLE 3,CHAPTER 9 OF THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a non-
home rule municipality duly organized in accordance with the 1970 Constitution and the laws of
the State of Illinois; and,
WHEREAS, the City has determined that Chapter 9 of its Code of Ordinances regulating
massage establishments should be amended in order to reflect current business practices within
the industry all as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that Title 3, Chapter 9 of the Code of
Ordinances be deleted in the entirety and replaced with the following:
Ordinance No.2018-10
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CHAPTER 9
MESSAGE ESTABLISHMENTS
3-9-1. Definitions
For purposes of this Chapter,the following words and phrases shall have the following
meanings ascribed to them respectively:
Act: Illinois Massage Licensing Act, 225 ILCS 57/5 et seq.
Advertise: The issuance of any card, sign or device to any person; the causing,permitting
or allowing of any sign of marking on or in any building, vehicle or structure; advertising
in any newspaper, magazine, television, radio, internet streaming, blog, chat room,
website or social media, any listing or advertising in any directory; or commercials
broadcast by any means and any similar or equivalent communications of a person,
business or establishment.
Applicant: Any person or entity seeking a bodywork establishment license. If the
applicant is a sole proprietorship, the information sought to be provided shall be for the
individual owner; if a partnership, by each general and each limited partner; if a joint
venture, by each joint venture; if a corporation, by each officer and director, and unless
the corporation's stock is publicly traded, by each shareholder owning or holding more
than five percent (5%) of the outstanding stock in said corporation; if a limited liability
company, by each manager and by each member owning or holding more than a five
percent (5%) membership interest; if an entity is made up of one or more subentitites,
then the foregoing information shall be provided for each subentity. It shall also include
the business manager or other person principally in charge of the operation of the
business.
Bodywork Establishment: any commercial, fixed place of business where any person,
firm, association, or corporation advertisers, offers, engages in or carries on, or permits to
be offered, engaged in or carried on, bodywork services to patrons in exchange for
compensation, excluding home based bodywork providers.
Bodywork or Bodywork Services: any method of applying pressure on or friction against,
or stroking, kneading, rubbing, tapping, pounding, vibrating, touching or stimulating, the
external parts of the body, by another individual, with the hands, any body part, or with
the aid of any mechanical or electrical apparatus or appliances, with or without such
supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotions, ointments or similar preparations, for compensation. The definition of bodywork
for purposes of this chapter is intentionally not the same and is broader than the definition
of massage in the Act, and is intended to cover massage, bodywork services provided by
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bodywork practitioners and similar services that fit the definition, regardless of what the
services or the person providing the services is called, unless expressly excluded by this
chapter.
Bodywork Provider: Any person who provides bodywork services, including licensed
massage therapists.
Compensation: The payment, loan, advance, donation, contribution deposit, or gift of
money or anything of value.
Conviction: A plea of guilty or nolo contendere, finding of guilty, stipulation to such a
finding,jury verdict or entry of judgment either by imposing a fine in excess of$500.00
by sentencing of any crime, including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge or first offender probably under the laws
of any jurisdiction of the United States.
Employee: Any person over eighteen (18) years of age, other than a massage therapist or
a bodywork provider, who renders any service in connection with operation of a massage
establishment or a bodywork establishment and receives compensation from the owner or
operation of an establishment or from its patrons.
Licensee: The owner and/or operator of a massage establishment or bodywork
establishment.
Massage or Massage Services or Massage Therapy: A system of structured palpation or
movement of the soft tissue of the body. The system may include, but is not limited to,
techniques such as effleurage or stroking and gliding, petrissage or kneading, tapotement
or percussion, friction, vibration, compression, and stretching activities as they pertain to
massage therapy. These techniques may be applied by a licensed massage therapist with
or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal
massage, or a massage device that mimics or enhances the actions possible by human
hands. The purpose of the practice of massage, as licensed under this Code, is to enhance
the general health and well-being of the mind and body of the recipient. "Massage" does
not include the diagnosis of a specific pathology. "Massage" does not include those acts
of physical therapy or therapeutic or corrective measures that are outside the scope of
massage therapy practice as defined in this section.
Massage Therapist: any person who is licensed under the Act and administers massage
for compensation.
Owner: an individual, if a sole proprietorship, or any of the following individuals who
have a five percent (5%) or more interest in a business and/or entitled to share in five
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percent (5%) or more of the profits of the business, including, but not necessarily limited
to, general partners, shareholders and members, and including,but not necessarily limited
to, general partners, shareholders and members, and including the individuals who have
any ownership interest in any partnership, corporation, LLC or other entity that is a
partner, member or shareholder of the entity in which name a business is conducted. An
owner is intended to mean individuals, only, and if a business is owned by another entity,
the owners for that business, for purposes of this Chapter, mean the ultimate individuals
who are the owners; if a business has successive entities in ownership, the owners for
purposes of this chapter shall be the individuals at the end of the chain of ownership.
Patron: Any person who receives bodywork services or massage services under such
circumstances that are reasonably expected that he or she would pay money or give any
other form of compensation therefore.
Permit: For purposes of this Chapter, a person permits something if the person knows or
by due diligence should have known of the conduct and does not stop or prevent the
conduct from happening.
Person: Any individual, partnership, firm, association, limited liability company, joint
stock company, corporation or combination of individuals of whatever form or character.
Recognized School: Any school or educational institution licensed to do business as a
school or educational institution in the state in which it is located, or any school
recognized by or approved by or affiliated with the American Massage Therapy
Association, the National Certification Board for Therapeutic Massage and Bodywork, or
the Federation of State Massage Therapy Boards, and which has for its purpose the
teaching of the theory, method profession, or work of massage, which school requires a
resident course of study before the student shall be furnished with a diploma or certificate
of graduation from such school or institution of learning following the successful
completion of such course of study or learning.
Sexual or Genital Area: The genitals, pubic area, anus, or perineum of any person, or the
vulva or breasts of females.
3-9-2: Bodywork Establishment License Required:
No person shall advertise, offer, engage in, conduct or carry on, or permit to be
advertised, offered, engaged in, conducted or carried on, bodywork services or massage
services in any establishment, or provide bodywork or massage services in return for
compensation any establishment in the City without first having obtained an
establishment license issued by the City pursuant to the provisions of this chapter for
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each and every premise used for conducting or providing bodywork services or massage
services for compensation.
3-9-3: Massage Therapist License Required:
No person shall provide or permit another person to provide massage therapy or massage
services for compensation in any capacity in the city unless the person providing the
massage therapy or massage services is a licensed massage therapist (pursuant to state
guidelines) or demonstrates with appropriate proof that he or she is exempt the act.
3-9-4: Exemptions from Licensing and Fees:
A. A bodywork establishment or massage establishment license shall not be required for
the premises and businesses at which all of the employees, independent contractors
and agents are limited to one or more of the following exempt categories, even if the
services they perform fall under the definition of bodywork:
1. Physicians, surgeons, chiropractors, osteopaths, podiatrists, naprapaths,
occupational therapists or physical therapists who are duly licensed to practice
their respective professions in the state and persons overseen by them in the
course of such professional practice.
2. Athletic trainers for any athletic program of a private or public school, college or
university or for any athletic team regularly organized and engaging in
competition.
3. State licensed physician assistants, practical nurses and registered nurses acting in
the normal course of their medical duties under the supervision of licensed
physicians, surgeons, chiropractors, osteopaths,podiatrists,naprapaths and similar
licensed medical professionals.
4. Barbers, estheticians and cosmetologists who are duly licensed under the laws of
this state, except that this exemption shall apply solely to the massaging of the
neck, back, face, scalp, hair, hands and feet of the customer or client for cosmetic
or beautifying purposes, and provided that these services are provided to patrons
who are fully clothed.
5. Hospitals, sanatoriums, nursing homes, assisted living facilities, home health
agencies, hospice programs and other such programs as defined and licensed by
the state under Chapter 210 of the Illinois Compiled Statutes.
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6. Bodywork or massages provided by massage therapy students enrolled in a
recognized school during the course of clinical externships, practicums or
community services, provided that such bodywork services are part of the
curricular requirements of the recognized school and for which no compensation
is received.
7. Bodywork services or massages performed at the patron's premises, including the
patron's place of business or residence.
The burden of proof is on the person who claims an exemption to establish by
clear and convincing evidence that the exemption applies. Exemption from
licensing does not mean that persons owning or working in or working for such an
establishment are exempt from other provisions of this chapter.
3-9-5. Application for Bodywork Establishment License
An application shall be filed for every bodywork establishment in the City that is
required to obtain a license on the form provided by the City made under oath with the
payment of nonrefundable annual license fees in the amount set forth in Section 3-9-6
of this Chapter. The applicant must be 18 years old or older and the owner of the
business for which the application is sought or an agent of the owner with authority to
bind the owner. The application shall include consent to perform investigations of the
veracity of all of the information and documentation provided, criminal background
checks and fingerprinting of the persons required to be identified in the application.
The cost of the criminal record check and fingerprint submissions shall be borne by
the applicant.
A. Business. The application shall include the following information and
documentation:
1. The name of the business, all assumed names under which the business is
to be conducted and employer identification number of the business
providing the massage or bodywork services.
2. The federal employer identification number (FEIN) and state of Illinois
business tax number(IBT) of the business.
3. The type of business entity, i.e. sole proprietorship, partnership,
corporation, LLC, etc.
4. A copy of the records that establish the current ownership of any interest in
the business of five percent(5%) or greater(such as partners, shareholders,
members, and if the legal owner of the business is an entity, a copy of the
records that establish the individual owners of the ownership entity, and so
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on until the records establishing the individual owners at the end of the
chain of ownership are established.)
5. Proof that the business and all underlying entities with ownership interest
of five percent (5%) or more is in good standing with the State (or other
state or country) if the business is chartered by the State (such as for
corporations, LLCs, limited partnerships, etc.) or other state or country.
6. Street addresses and names under which all of the record owners
identified pursuant to Section 4 above have operated any existing or prior
business(es) owned or operated within the last five (5) years under the
same business entity or entities or any of the owners of the business for
which the application is being filed.
7. A description of the services to be provided on the premises and whether
any massage or bodywork services provided or to be provided as defined
in this Chapter whether a primary or ancillary activity that will take place
on the premises.
8. All telephone numbers, websites and internet addresses of the business
and sample copy of the advertising of the massage or bodywork services
being provided, if the business is already in operation.
9. A statement whether the business or any affiliated or predecessor business
has ever had a business license of any kind denied, suspended or revoked,
and the reasons therefore.
B. Premises. The application shall contain the following information and
documentation of the premises for which a bodywork license is sought:
1. The street address, mailing address (if different) and all telephone
numbers for the business where the bodywork services or massage
services are or will be conducted.
2. If the premises are owed or leased,
a. If leased, a copy of the Lease, and any Sub-Leases, Assignments and
Acceptances of such Sub-Leases or assignments in effect,
b. If leased, the name, address and phone number of the owner of the
premises,
c. The name, address and phone number of the owner of the premises.
3. A drawing or floor plan of the premises designating each room by its
purpose and the activity that will take place in each room.
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C. Business Owners and Supervisors. The applications shall include the following
information and documentation of the business owners, as defined in Section 3-9-
1 (collectively referenced as "owners" herein), and all directors, officers,
managers and persons with supervisory authority:
1. Name, gender, residential address and phone number(s), facsimile
number(s), e-mail address(es), and other contact information.
2. Date of birth, place of birth, driver's license number and social security
number.
3. The previous two (2)residential addresses.
4. Photo identification issued by the federal or state government, or a
subdivision or agency thereof.
5. A complete list of any aliases.
6. A statement whether the owners or any directors, officers, managers or
persons with supervisory authority have ever owned, been involved with
or worked for a business that has had a business license of any kind
denied, suspended or revoked, and the reasons therefore.
7. A statement whether the owner or any director, officer, manager, person
with supervisory authority and/or any person who has or will perform
bodywork services or massage services to the applicant's knowledge has
ever been convicted of a crime, other than misdemeanor traffic violations,
including the dates of convictions, nature of the crimes and place
convicted, including, but not limited to: (a) any felony; and, (b) any
misdemeanor, or local ordinance or code violation an essential element of
which is: (i) dishonesty; (ii) illicit drugs; (iii) sexual offenses as defined
in 720 Illinois Compiled Statutes 5/11-1, et seq., (iv) the use of violence
or force, or that is directly related to the practice of the massage or
bodywork or operation of a bodywork establishment.
8. Proof that the owners and any directors, officers, managers or persons
with supervisory authority are at least eighteen(18) years of age.
9. Authorization for the police to conduct criminal background checks and
take fingerprints for all owners and employees with supervisory authority.
10. The name and address of any other business currently owned or operated
by any owner, director, officer, manager or person with supervisory
authority.
D. Business Employees and Agents. The applications shall include the following
information and documentation of the employees and independent contractors or
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agents that have been or are intended to be employed to provide massage or
bodywork services:
1. The names,residential addresses and phone numbers.
2. Photo identification issued by the federal or state government, or a
subdivision or agency thereof.
3. A copy of the state issued massage therapy licenses or state or national
licenses of certifications by which authority the persons may perform the
massage or bodywork or proof of exemption from the requirement of
licensing or certification under Section 25 of the Act.
4. A description of the type of massage or bodywork approach or modality that
will be practiced by each employee and each independent contractor or agent
who is or will be performing massage or bodywork in the premises.
E. Miscellaneous. The application shall include the following additional information
and documentation:
1. Proof that the bodywork establishment for which the license is being sought
currently carries or has secured a commercial general liability policy and
professional liability policy reflecting limits of no less than one million
dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) in the aggregate for covered claims arising out of, but not
limited to, bodily injury, property damage, personal and advertising injury,
and contractual liability in the course of the license holder's business.
2. Any other information and documentation that may be deemed necessary or
appropriate for determination whether the criteria for obtaining a bodywork
establishment license is warranted.
F. Owner Fingerprints: Each owner shall provide a complete set of fingerprints,
unless exempted under subsection 3-94B of this Chapter.
G. Inspections: As a condition of the application and right to obtain a license, any
person filing an application and any business for which a license is issued under
this Chapter is deemed to have authorized the City, 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 a license,
including a background criminal check of the applicant and any of the owners and
employees or agents identified in the application, and the business must allow
inspections of the establishment at any time the business is advertised to be open
for business and any time a business is receiving patrons for service, even if the
business is not advertised as open to the public at that time. The deemed
authorization and submission to investigation and inspection that accompanies the
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filing of an application and issuance of a license is not intended to require or
authorize the licensee, the business or its employees, independent contractors or
agents to violate HIPAA,privacy laws or the privacy rights of patrons.
H. Information and Documentation: All of the information and documentation to be
provided with the application shall be updated and brought current at the time of
annual renewal of the license, except that all information and documentation of
the owners, directors, officers, managers, persons having supervisory authority,
employees, independent contractors and agents of the licensee who perform
bodywork services shall be updated within ten (10) days after such change
occurs.
Submission of an application by a person other than the owner of the business for
which a license is sought shall be deemed to have been authorized by the
business and its owners once the application is approved, a license is issued and
the establishment holds itself out for business to the public at the licensed
premises.
3-9-6. Terms of License;License Fees;License Renewal:
A. The term for licenses issued under this Chapter is for one year beginning January
1, and ending on December 31.
B. All license fees required to be paid shall be paid at the time that the initial or
renewal application is made. All applicable license fees and any other required
fees, including costs of fingerprinting, shall be paid prior to the issuance of any
license.
C. The initial license fee and the annual license renewal fee for a Massage or
Bodywork establishment license shall be$500.00.
D. In addition to the annual license fee, the applicant is also responsible to pay for
the cost of fingerprinting, which is regulated by the state of Illinois. The
applicant is also responsible to pay for the cost of a background check which
shall be fifty dollars ($50.00).
E. An annual fee of fifty dollars ($50.00) shall be paid at time of license renewal for
each Employee providing massage or bodywork services.
F. A license may be suspended or revoked for failure to pay the fees and for those
grounds stated in Section 3-9-18 of this Chapter. Such suspension or revocation
may be in addition to any fine imposed.
G. In addition to the application fee, the applicant shall provide updated information
for all licensed massage therapists and for all persons performing massage
services who are exempt with proof of the exemption.
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H. All other information required to be provided in the initial application that has not
otherwise been updated prior to the filing of the renewal application shall be
updated at the time of renewal.
3-9-7. Sanitation and Safety Requirements.
All licensed premises shall be periodically inspected by a duly authorized representative
of the City for safety of the structure and adequacy of plumbing, ventilation, heating,
illumination and fire protection. In addition, the premises shall comply with the
following regulations:
A. The walls shall be clean and painted with washable, mold resistant paint in all
rooms where water or steam baths are given.
B. Floors shall be free from any accumulation of dust, dirt or refuse.
C. The premises shall have adequate equipment for disinfecting and sanitizing non-
disposable instruments and materials used in administering massages. Such non-
disposable instruments and materials shall be disinfected after use on each patron.
All equipment used in the bodywork establishment shall be maintained in a clean
and sanitary condition.
D. Soaps, towels, linens and laundered sheets must be provided. All such towels,
linens and items for the personal use of operators and patrons shall be clean and
freshly laundered after each use thereof and stored in a sanitary manner.
E. Towels, linens and sheets shall not be used for more than one patron.
F. All massage or bodywork services are prohibited in any cubicle, room, booth or
other area within a bodywork establishment which is fitted with a door capable of
being locked.
G. Toilets, dressing room facilities, lockers, steam baths, tubs or showers, if
provided, shall not be utilized by more than one patron and/or staff member at
any one time.
H. Closed cabinets shall be provided and used for the storage of clean linens, 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.
3-9-8. Issuance and Denial of Licenses:
A. The City Clerk shall act to approve or deny an application for a license under this
Chapter within a reasonable period of time, but in no event later than sixty (60)
days from the date that the application was accepted by the City.
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B. In the case of an initial application for a massage or bodywork establishment
license, the Building Code Official shall inspect the premises to be licensed to
assure the proposed operation complies with all applicable laws, including the
building, electrical, plumbing, health, housing, zoning, and fire codes of the City,
and any other regulations of the City relating to the public health, safety and
welfare. The Building Code Official shall make written verification to the City
Clerk concerning compliance with the Codes and Ordinances of the City.
C. The City Clerk, with the advice and consent of the City Administrator and the
Chief of Police, shall either issue a license, or notify the applicant, in writing, that
the application has been denied. The license shall be denied if the applicant fails
to comply with the requirements of this Chapter or with the requirements of any
other provision of this Code which is applicable to the establishment and/or
activities of the applicant. In addition, no license shall be issued to any applicant
if.
1. The proposed operation does not comply with all applicable laws, including,
but not limited to, the building, electrical, plumbing, health, housing, zoning
and fire codes of the City; or,
2. The applicant, if an owner; or any of the officers, directors, managers or
persons having supervisory authority or employees or other persons who have
or will perform bodywork services in the premises of the establishment have
been:
a. Convicted of a felony under the laws of the state of any other state, or
under the federal laws of the United States, within five (5) years of the
date of the application or any misdemeanor, an essential element of which
is: (i) dishonesty; (ii) illicit drugs; (iii) sexual offenses as defined in 720
Illinois Compiled Statutes 5/11-1, et seq.; (iv)the use of violence or force,
or that is directly related to the practice of the massage or bodywork;
b. Convicted of a violation of any provision of the Act or this Chapter.
3. The applicant has had a bodywork business, massage therapist or similar
license denied, suspended or revoked by the City, by a state or by a unit of
local government; or,
4. The applicant has knowingly made false, misleading or fraudulent statements
of fact in the license application or in any document required by the City in
conjunction with the license application or has knowingly withheld material
information; or,
5. The premises for which the massage or bodywork establishment license or
similar license is being sought is a premises for which a massage or
bodywork establishment license has been revoked at any time within the last
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five (5) years, or the owner or landlord of the premises has had a bodywork
establishment license or similar license revoked on the premises or any other
premises owned or rented by the owner or landlord within the last five (5)
years.
D. In the event that the license is denied for failure to comply with the requirements
of this Chapter, the City Clerk shall promptly notify the applicant in writing or by
telephone of the reasons for the proposed denial.
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3-9-9. Display of Licenses:
Every massage or bodywork establishment shall display at all times the establishment
is open for business to the public, in a prominent place in the public reception area of
the establishment, the establishment license issued pursuant to this Chapter, the
licenses of all massage therapists and the licenses or certifications of all other people
who perform services on patrons of the establishment.
3-9-10. Registration and Regulation of Employees and Agents:
A. The licensee, the owner(s) and any person designated by the licensee as a
supervisor of a licensed massage or bodywork establishment shall maintain a
register of the persons who perform services at the establishment, as employees,
independent contractors and other agents, including the names and residential
addresses for each person along with either:
1. A copy of the state massage therapy license issued by the state;
2. A copy of the license or certificate issued by an organization
recognized by the state as providing an exemption under the Act;
3. Other proof of exemption under the Act;
4. A copy of photo identification issued by the state or federal
government.
B. The licensee, the owner(s) and any person designated by the licensee as a
supervisor of a licensed bodywork establishment shall update the register
required by this Section and shall supply the updated information contained in
the register to the City when the information changes, and no person shall be
allowed to perform bodywork services on patrons at the premises who are not
listed in the register or for which the updated information has not been
provided to the City.
C. The register required by this Section shall be located and available at the
bodywork establishment for inspection by representatives of the City at all
times during regular business hours.
D. It shall be unlawful for any bodywork establishment to allow any person to
engage in massage or bodywork services or provide massage or bodywork
services in the establishment unless:
a. The massage license or equivalent license or certificate for that person is
displayed as provided in Section 3-9-9; and
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b. The information required to be maintained by this Section is in the
register is current and any updated information has been supplied to the
City.
E. It shall be unlawful for any massage or bodywork establishment to allow any
person to engage in any conduct that is in violation of the Act or this Chapter.
3-9-11. Conditions and Restrictions of Licenses.
A. Separate License for each Premise. Licenses shall apply only to the premises
described in the application, and the license issued thereon, and only one location
shall be so described in each license.
B. Transfer of License. A license shall be a purely personal privilege, effective for a
period not to exceed one year after issuance unless sooner revoked as provided in
this Chapter, and shall not constitute a property interest. No bodywork
establishment license is transferrable, separate or divisible, and such authority as
license confers shall be conferred only on the licensee named therein.
C. Minors Prohibited. No establishment or person licensed under the provisions of
this Chapter shall permit any person under the age of eighteen (18) to come or
remain on the premises of any massage or bodywork establishment including
employees and patrons unless accompanied by or with the written consent of the
adult parent or legal guardian of the minor. Persons under the age of eighteen(18)
may patronize the establishment only with the presence or written consent of their
parent or legal guardian.
i
D. Alcoholic Beverages Prohibited. No person shall sell, give, dispense, provide,
keep, possess or consume, or cause to be sold, given dispensed, provided, kept,
possessed or consumed, any alcoholic beverage on the premises of any massage
or bodywork establishment without a valid liquor license, and no liquor shall be
sold, offered or consumed in the rooms in which bodywork services are
performed unless the room is open to the public.
E. Solicitations Prohibited. No massage or bodywork establishment or person in
connection therewith shall place, publish or distribute, or cause to be placed,
published or distributed, any advertisement, picture, or statement in any manner
and in any medium of advertisement which is known to be false, deceptive or
misleading in order to induce any person to purchase or utilize any services, or
which reasonably appears to suggest or imply any sexual activity in connection
with services or which appear on any adult website or website or other platform
that is known to advertise pornographic, sexual or similar services or products.
No massage or bodywork establishment may solicit, distribute or cause to be
distributed any pamphlet, flyer, booklet, circular or brochure advertising its
services on streets, sidewalks, rights-of-way, parks or any other area open to the
public including entrances to businesses, offices or any building no matter its use.
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F. Hours of Operation. No portion of any business premises used in any way for or
by a massage or bodywork establishment shall be kept open for any purpose
between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
G. Inspections. The Chief of Police or his or her authorized representative may from
time to time make an inspection of each massage or bodywork establishment and
the books and records of the bodywork establishment for the purposes of
determining that the provisions of this Chapter are fully complied with. It shall be
unlawful for any licensee to fail to allow access to the premises for inspection or
hinder an authorized City agent who is performing an inspection in any manner.
This provision does not authorize or require a licensee, business or employee or
agent of the business to violate HIPAA, other privacy laws or the privacy of any
patron, and inspections shall be conducted in such a way as to avoid any HIPAA
violations, violations of other privacy laws or violations of the personal privacy
of patrons.
H. Residence Prohibited. No one shall reside in a massage or bodywork
establishment, and no one shall be allowed to remain overnight in the premises.
This prohibition is not intended to prohibit anyone from living in a separate
portion of a commercial building that is zoned and authorized for residential use
or from conducting massage or bodywork services out of private residential
property that is zoned for residential use and is being used in compliance with
zoning laws.
I. Open Door during Business Hours. The main entry to the massage or bodywork
establishment, other than single rented rooms in buildings with multiple tenants
that are not performing bodywork services, shall be open and unlocked all hours
that the bodywork establishment is open for and doing business, including all
hours that the bodywork establishment is advertised to be open for business
and/or services are performed in the premises.
J. Open Sign. A sign indicating the premises is open for business shall be
maintained at all times that massage or bodywork services are being provided,
and a sign indicating that the premises is not open for business shall be
maintained at all times the premises is not open for business.
K. Public Access. Every massage or bodywork establishment that operates on the
first floor of a building with direct access from outside the building shall separate
the area of the premises in which massage or bodywork services are performed
from a public reception and/or waiting room area, and the public entrance to the
establishment shall be open and unlocked during all of the hours that an
establishment is open or advertised to be open to the public while massage
services are being performed.
L. Effect of Revocation. No massage or bodywork establishment license shall be
issued to any applicant, business or any owner if the applicant, business or any
Ordinance No.2018-10
Page 17
owner has had any involvement in a business to which a similar license has been
revoked, and property shall be eligible for a massage or bodywork establishment
license in the City if a massage or bodywork license has been revoked at any time
in the previous five (5) years on that property or any other property owned or
rented by the owner or landlord of that property in the City.
3-9-12. Sale, Transfer or Sale of Establishment:
Upon the sale, transfer or relocation of bodywork establishment, the license,
therefore, shall become immediately null and void, and a new license shall be
required if a successor massage or bodywork establishment is intended in the same
location. Upon the death or incapacity of the licensee or any co-licensee of the
massage or bodywork establishment, any heir or beneficiary of a deceased licensee,
or any guardian of an heir or beneficiary of a deceased licensee, may continue the
business of the bodywork establishment for a reasonable period of time not to exceed
sixty(60) days to allow for the approval of a new license.
3-9-13. Prohibited Acts and Conditions:
A. No person shall conduct or operate a massage or massage or bodywork
establishment without first obtaining and maintaining a bodywork establishment
license as required by this Chapter unless exempted by Section 3-9-3 of this
Chapter.
B. No person shall operate or conduct any bodywork establishment that does not
comply with all of the terms and conditions of Section 3-9-11 of this Chapter.
C. No person having a license under this Chapter shall operate under any name or
conduct business under any designation not specified in that license or permit.
D. No person shall advertise, promote, or refer to him or herself as a "massage
therapist" as herein defined without qualifying and being licensed by the state as
a massage therapist pursuant to the Act.
E. No person or message establishment shall advertise or hold themselves out in any
way, including in the signage of the premises and printed materials, using the
terms "massage", "massage therapy" or "massage therapist" unless that person is
massage therapist having a current license issued by the state in compliance with
the Act or that establishment employs a person who is a massage therapist having
a current license issued by the state in compliance with the Act; providing that
this prohibition does not apply to licensed professionals who are allowed to
include massage in their scope of practice.
F. A patron's sexual and genital areas, as defined herein, must be covered by towels,
sheets, cloths or similar nontransparent garments or materials when in the
presence of a massage or a bodywork practitioner or employee.
Ordinance No.2018-10
Page 18
G. No person, knowingly, in a massage or bodywork establishment, shall expose or
fail to conceal his or her sexual and genital parts, or any portion thereof, to any
other person. It shall also be unlawful for any person,knowingly,in a massage or
a bodywork establishment, to expose the sexual or genital parts, or any portion
thereof, of any other person.
H. No person, knowingly, in a massage or bodywork establishment, shall place his
or her 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 another person, except as
authorized for a licensed massage therapist in keeping with the provisions of the
Act in the treatment of post-surgery mastectomy and lymphatic drainage patients.
I. No person shall perform or offer or agree to perform any act, whether or not for
compensation in any form, which would require the touching of the patron's
sexual or genital area, except as authorized for a licensed massage therapist in
keeping with the provisions of the Act in the treatment of post-surgery
mastectomy and lymphatic drainage patients.
J. No massage or bodywork establishment shall obstruct the windows at the
entrance, reception area or other area open to the public of the massage or
bodywork establishment, and such windows shall be maintained to provide an
open and clear view into the public areas of the massage or bodywork
establishment.
K. No person shall commit or permit any gratuitous sexual activity or sexual activity
for payment on the premises, or the solicitation of gratuitous sexual activity or
sexual activity for payment, or any procedure during the performance of services
that are performed for the purpose of or is reasonably to be expected to cause
sexual arousal or gratification of any person, or the trafficking of persons or
controlled substances or cannabis on the premises or in connection with a
massage or bodywork establishment.
L. No licensee or business licensed under this Chapter shall knowingly hire or retain
or allow massage or bodywork services to be performed on the premises by any
person who has been convicted of a crime involving sexual activity, independent
contractor or other agent, and no property owner or landlord shall knowingly rent
to a person who has been convicted of a crime involving sexual activity or who
hires or retains a person or allows bodywork services to be performed by a person
who has been convicted of a crime involving sexual activity.
M. No person shall violate any of the provisions of the Act or of this Chapter. Any
act or failure to act of an employee, a person performing massage at or on behalf
of a massage establishment as an independent contractor or otherwise, 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 Chapter.
Ordinance No.2018-10
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3-9-14. Enforcement:
The Chief of Police, police department and community development department
shall have the authority and the duty to enforce the provisions of this Chapter and to
delegate enforcement authority as the Chief of Police deems necessary and
appropriate for the health, safety and welfare of the public.
3-9-15. Suspension without a Hearing:
If the Chief of Police has reason to believe that any of the following circumstances
exist, a massage or a bodywork establishment license may be suspended upon the
issuance of a written order stating the reason for the suspension without prior notice
or hearing for not more than seven (7) days, giving the licensee an opportunity to be
heard during that period; provided that, if the licensee is also engaged in another
business on the licensed premises, such order shall not be applicable to the other
business. A license may be suspended temporarily without hearing for the following
reasons:
A. Continued operation of the licensed premises will immediately threaten the
welfare of the community;
B. Massage or bodywork services are being performed in the premises, but no
person employed by the business has a valid state massage therapy license or is
validly exempted from licensing under the Act;
C. A person who manages, supervises is employed by or was present at the massage
or bodywork establishment has been arrested and charged with any criminal
activity in connection with the massage or bodywork establishment or is
otherwise charged with any conduct involving sexual activity.
3-9-16 Revocation or Suspension;Hearing Procedure; Fines and Costs:
A. Citations or notices of violation of this Chapter shall be given to the licensee in
writing, and shall include the following information:
1. A summary of the alleged violations;
2. The right of the licensee to a hearing and presentation of evidence in the
licensee's defense;
3. Setting a hearing date after notice as mandated by Title 1, Chapter 14 of
the City Code;
4. The right of the licensee to be represented by legal counsel;
5. A finding of a violation may result in suspension or revocation of the
license and/or fines;
Ordinance No.2018-10
Page 20
6. If the licensee does not appear for the hearing, a determination shall be
made in the licensee's absence.
B. Citations or notices shall be given by:
1. Hand delivery to the licensee or any agent or employee of the licensee at the
licensed premises, or posted on the door of the licensed premises of the
massage or bodywork establishment during business hours of 8:00 a.m. to
5:00 p.m. Monday through Friday, if the door to the premises is locked and/or
the premises is not open for business during those times; or,
2. By certified and regular mail addressed to (a) the licensee or to any partner,
member, shareholder or other person having at least five percent (5%) of the
ownership interest in the bodywork establishment, (b) the person designated
as the manager or supervisor of the premises or (c) the local registered agent
at the address reflected in the application on file with the City, and any such
notice shall be deemed delivered on the second day after the day it was placed
in the U.S. mail. If the certified mailing is unclaimed, but the regular mailing
is not returned to the City as undeliverable, the notice shall be assumed to
have been received.
C. Hearings shall be open to the public, and the licensee shall be given an
opportunity to hear the charge and the testimony and evidence in support of
the charge, cross examine any witnesses called in support of the charge, and
present evidence,testify and witnesses in defense of the charge.
D. The City's Hearing Officer appointed in accordance with Chapter 14 of the
City Code shall preside over any hearing.
E. Within ten (10) days after the hearing, the Hearing Officer shall issue a
determination in writing and serve it on the licensee by hand delivery or mail
as provided in subsection C of this section, indicating whether a violation is
found to have occurred and the details of any order of suspension, revocation
or fines imposed.
F. The written determination of the Hearing Officer shall be final and appealable
to the local circuit court.
G. In addition to any suspension, revocation or fine, the Hearing Officer shall
determine the costs incurred by the City for the enforcement of this Chapter
and hearing, including but not limited to, attorney fees, court reporter fees,
fees incurred by the City, Chief of Police and the Hearing Officer, the cost of
preparing and mailing notices and orders, and all other miscellaneous
expenses incurred by the City or such lesser sum as the Hearing Officer may
allow, and the licensee who has been found in violation of this Chapter shall
pay the costs assessed by the Hearing Officer.
Ordinance No.2018-10
Page 21
H. The licensee shall pay fines and costs to the City within thirty (30) days of
notification of the fines costs by the Hearing Officer. Failure to pay such costs
within thirty (30) days of notification is a violation of this Chapter and may be
cause for license suspension or revocation, or the levy of a fine. A period of
suspension shall not lapse if any fines or costs remain unpaid.
I. If a massage or bodywork establishment license is revoked for any cause, no
massage or bodywork establishment license shall ever be granted by the City to
the owners of the business for which the license was issued or be granted for the
property on which the premises was located for which the revoked license was
issued, for a period of five(5) years after the date of the revocation that will allow
a massage or bodywork establishment to be operated on the premises described in
the revoked license unless the revocation order has been vacated by court order.
3-9-18 Cause for Suspension, Revocation and/or Fines
A massage or bodywork establishment license may be revoked or suspended and/or a fine
may be imposed after a public hearing if it is found that:
A. The licensee has violated any one or more of the provisions of this Chapter;
B. Any employee of the licensee, including a massage therapist, or bodywork
practitioner, has engaged in any conduct at the licensee's premises that violates
any provision of this Chapter and the licensee knew or by due diligence should
have known of such conduct;
C. Any applicant for a massage or bodywork establishment license has made a false
statement on the application;
D. A licensee has refused to allow any duly authorized police officer, county law
enforcement officer, local code enforcement officer or health inspector to inspect
the establishment premises;
E. The premises of the establishment are at any time not in compliance with the City
building,health or fire codes;
F. The premises of the establishment are not in compliance with any of the
conditions and restrictions set forth in Sections 3-9-11 and 3-9-13 of this Chapter;
G. The license holder has committed an act(s) of fraud or deceit in the application
for license or application for renewal thereof;
H. The license holder is engaged in the practice of massage or bodywork under a
false or assumed name, or is impersonating a massage therapist of a like or
different name;
Ordinance No.2018-10
Page 22
I. The license holder commits or permits an act of fraudulent, false, misleading or
deceptive advertising, or prescribing medicines, drugs, or engaging in the
practices of any licensed profession without legal authority therefore in
connection with the establishment;
J. The license holder commits or permits any gratuitous sexual activity or sexual
activity for payment on the premises or elsewhere commits or permits the
solicitation of gratuitous sexual activity or sexual activity for payment or commits
or permits any procedure during the performance of services that are performed
for the purpose of or is reasonably to be expected to cause sexual arousal or
gratification of any person, or commits or permits the trafficking of controlled
substances or cannabis on the premises or in connection with establishment;
K. A license holder conducts or permits massage or bodywork activities in the City
during a period of time when the license holder's license is suspended or the
license holder reasonably should have known the massage or bodyworks
activities are being conducted while the license is suspended;
L. A license holder is delinquent in payment to the City for ad valorem taxes of any
other taxes, fees or costs owed to the City.
3-9-18. Incorporation of the Massage Licensing Act:
All of the terms of the Illinois Massage Licensing Act are incorporated herein and
adopted hereby as material components of this Chapter; the provisions of this
Chapter shall be interpreted and applied in harmony with the Act; and the all of the
provisions of the Act shall be enforced as provisions of the City Code except to the
extent that the City is preempted by the Act in respect to the regulation of massage
therapy and licensing of massage therapists.
Ordinance No.2018-10
Page 23
This Ordinance shall be in full force and effect from and after its passage and approval as
provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
013 dayof OA4VAQY , A.D. 2018.
��• J�LC%1�PJU�
I)EPUTY CITY CLERK
CARLO COLOSIMO KEN KOCH a ve,
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER �
CHRIS FUNKHOUSER "e, JOEL FRIEDERSy�
SEAVER TARULIS Q e ALEX HERNANDEZ T
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this (23 day of J AJ,-IU A42.Y , A.D. 2018.
-Ille z"'&
MAY6R
Attest:
dwou Tbm ,
')F-Ptr 'Y CITY CLERK
Ordinance No.2018-10—
Page 24