1978-08011/29/2004 - WGR
ORDINANCE NO. 2004- 106
AN ORDINANCE AMENDING CHAPTER 5.44, MASSAGE ESTABLISHMENTS,
OF THE VILLAGE OF BUFFALO GROVE
MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Public Act 92 -0860 enacted the Illinois Massage Licensing Act (225
Illinois Compiled Statutes 57/1 et seq.) ( "Act') which Act was subsequently amended by Public
Act 93 -0524; and
WHEREAS, the Illinois Massage Licensing Act provided that the regulation and
licensing of massage therapy is an exclusive power and function of the State of Illinois and
further provided that beginning January 1, 2005 a home rule unit of government may not regulate
or license massage therapists.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and
made a part of this Ordinance as if fully set forth herein.
Section 2. Chapter 5.44, entitled Massage Establishments, of the Village of Buffalo
Grove Municipal Code is hereby amended to read as follows:
5.44.010 Definitions.
For the purpose of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them:
A. "Act' means the Illinois Massage Licensing Act (225 Illinois Compiled
Statutes 57/1 et seq.)
B. 'Employee" means any and all persons other than the massage therapist,
who render any service to the licensee, who receive compensation directly
from the licensee, and who have no physical contact with customers and
clients.
C. "Health Officer" means an inspecting officer of the Buffalo Grove Health
Department.
D. "Massage" or "massage therapy" shall have the meaning described to it in
the Act.
E. "Massage establishment' means any establishment having a fixed place of
business where any person, firm, association, or corporation engages in, or
carries on, or permits to be engaged in or carried on any of the activities of
the practice of massage.
F. "Massage therapist" means a person who is licensed by the Illinois
Department of Financial and Professional Regulation, Division of
Professional Regulation and administers massage for compensation.
G. "Massage therapist license" means a license issued by the Ilinois
Department of Financial and Professional Regulation, Division of
Professional Regulation.
H. "Licensee" means the operator or owner of a massage establishment.
L "Person" means any individual, co- partnership, firm, association, joint
stock company, corporation, limited liability company or combination of
individuals of whatever form or character.
J. "Sexual or genital area" means the genitals, pubic area, buttocks, anus or
perineum of any person or the vulva or the breasts of a female.
5.44.020 License — Required.
It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged
in, conducted or carried on, in or upon any premises in the Village, the operation of a
massage establishment, without first having obtained a license therefore.
5.44.030 License -- Application -- Filing.
Every applicant for a license to maintain, operate or conduct a massage establishment shall
file an application with the Village Clerk.
5.44.040 License — Application -- Information required.
The applicant for a license to operate a massage establishment shall furnish the following
information:
A. Name (including any alias) and address;
B. Written proof that the individual is at least eighteen years of age;
C. All residential addresses for the past three years;
D. The business, occupation or employment of the applicant for the four
years immediately preceding the date of the application;
E. The massage or similar business license or permit history of the applicant,
i.e., whether such person, previously operating in this or another village,
or city or state under a license or permit, has had such license or permit
revoked or suspended, the reason therefore, and the business activity or
occupation subsequent to such action of suspension or revocation;
F. All criminal or Village ordinance violation convictions, including
forfeiture of bond and pleadings of nolo contendere, on all federal, state
and local charges, except minor traffic violations;
G. A recent photograph of the applicant;
H. If the applicant is a corporation, a limited liability company or a
partnership, the name of the entity as shown in its document(s)
establishing the entity;
I. A drawing or written description which adequately describes the space in
the building where the massage business of the applicant is to be
conducted;
J. The information required above in subsections A through H for the
following individuals:
1. The operator, manager or owner,
2. Any partner or limited partner of a partnership application,
3. Any stockholder of a corporate applicant or a member of a limited
liability company owning in the aggregate ten percent or more of such
entity.
2
5.44.050 License —Fee.
Every such applicant shall pay a nonrefundable application fee of two hundred fifty dollars
to the Village Clerk. The fee for licenses issued for less than a calender year shall be
prorated for the period from the date of issuance to December 315` of that year.
5.44.060 License — Transferability.
No license for the operation of a massage establishment issued pursuant to the provisions
of this Chapter shall be transferable.
5.44.070 License —Term.
All massage establishment licenses shall terminate on December 31St of each year.
5.44.080 Massage Therapist License — Required.
It is unlawful for any person to massage any person or engage in the practice of massage
therapy without having first obtained an Illinois message therapist license.
5.44.090 Massage Therapist License — Display.
Every massage establishment licensee shall display a valid massage therapist license for
any individual conducting a massage within the licensed premises; said license shall be
displayed in a conspicuous place within the massage establishment so that the same may
be readily seen by any person entering the premises.
5.44.100 License — Revocation or suspension.
Any suspension or revocation of massage establishment license shall be pursuant to the
suspension, revocation and appeal procedures set forth in Chapter 1.12.
5.44.110 Facility requirements.
A. No massage establishment shall be issued a license, nor be operated,
established or maintained in the Village unless an inspection by the Health
Officer reveals that the establishment complies with each of the following
minimum requirements:
1. Construction of rooms used for toilets, tubs, steam baths, and showers
shall be made waterproof with approved waterproof materials and
shall be installed in accordance with the building code of the Village;
2. All massage tables, bathtubs, shower stalls, steam or bath areas and
floors shall have surfaces which may be readily disinfected;
3. Adequate bathing, dressing and locker facilities shall be provided for
the patrons to be served at any given time. In the event male and
female patrons are to be served simultaneously, separate bathing,
dressing, locker and massage rooms facilities shall be provided;
4. The premises shall have adequate equipment for disinfecting and
sterilizing nondisposable instruments and materials used in
administering massages. Such nondisposable instruments and
materials shall be disinfected after use on each patron;
5. 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;
6. Toilet facilities shall be provided in convenient locations. Then
employees and patrons of different sexes are on the premises at the
same time, separate toilet facilities shall be provided for each sex. A
single water closet per sex shall be provided for each twenty or fewer
employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for water closets after one water closet has
been provided. Toilets shall be designated as to the sex accommodated
therein;
7. 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;
8. The premises shall be equipped with a service sink for custodial
services.
B. The Health Officer shall certify or report that the proposed massage
establishment complies or does not comply with all the requirements of
this section and shall send such certification or report to the Village Clerk.
5.44.120 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, and massage therapists, shall be clean and wear clean,
nontransparent outer garments, covering the sexual and genital areas. A
separate dressing room for each sex must be available on the premises
with individual lockers for each employee.
D. All massage establishments shall be provided with clean, laundered sheets
and towels in sufficient quantity and shall be laundered after each use
thereof and stored in a sanitary manner.
E. The sexual or genital areas of patrons must be covered by towels, cloths or
undergarments when in the presence of an employee or massage therapist.
F. It is unlawful for any person, in a massage establishment, knowingly, to
place his or her hand upon, to touch with any part of his or her body, to
fondle in any manner, or to massage a sexual or genital area of any other
person.
G. No massage therapist, employee or operator shall perform, offer or agree
to perform any act which would require the touching of a patron's genital
area.
H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all
other physical facilities shall be in good repair and maintained in a clean
and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or
steam and vapor cabinets, shower compartments and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs and
showers shall be thoroughly cleaned after each use. When carpeting is
used on the floors, it shall be kept dry.
1. Oils, creams, lotions or other preparations used in administering massages
shall be kept clean and in closed containers or cabinets.
J. Eating in the massage work areas shall not be permitted. Animals, except
for Seeing Eye dogs, shall not be permitted in the massage work areas.
4
K. No massage therapist shall administer a massage on a patron's skin
inflammation, or skin eruption, unless a physician duly licensed by the
State certifies in writing that such person may be safely massaged on that
area.
L. Each massage therapist shall wash his or her hands in hot running water,
using a proper soap or disinfectant before administering a massage to each
patron.
5.44.130 Inspections -- Reports.
A. The Village Clerk shall issue no license or license renewal for the
conduct, operation, or maintenance of the massage establishment proposed
in the application until the following officers, after inspection or
investigation, report favorable as to the matters indicated below:
1. Health Officer. The Health Officer shall inspect and report in
connection with the prevention of nuisances and the spread of disease;
2. Plumbing Inspector, Building Inspector and Electrical Inspector. The
Plumbing, Building and Electrical inspectors shall inspect and report
in connection with full compliance with respective Village Plumbing,
Building and Electrical Codes;
3. Chief of Police. The Chief of Police shall investigate and report in
connection with the accuracy of the information required above in
Section 5.44.040:
a. The Chief of Police shall report favorably if he finds no substantial
inaccuracies in the information furnished and shall not report
favorably if investigative findings show substantial inaccuracies,
b. The Chief of Police shall not report favorably if investigative
findings show that, within four years of the date of the application, the
applicant or any other person who will be directly or indirectly
engaged in the management or operations of a massage establishment
has been convicted of: (i.) a felony, (ii.) an offense involving sexual
misconduct with children, (iii.) prostitution, soliciting for a prostitute,
pandering, keeping or residing in a place of prostitution, pimping or
any other offense involving moral turpitude in relation to sexual
conduct,
c. The Chief of Police may delegate the investigative, inspecting
and reporting responsibilities imposed by this Chapter.
B. Upon receipt of favorable reports from the offices as indicated above, the
Village Clerk shall issue a massage establishment license to the applicant.
Reports shall be submitted or deemed favorable within thirty days after
the applicant's submission of an application.
5.44.140 Advertising restrictions.
No massage establishment granted a license under the provisions of this Chapter shall
place, publish or cause to be placed, published or distributed any advertising matter that
depicts any portion of the human body that would reasonably suggest to prospective
patrons that any services are available other than authorized massage services.
5.44.150 Employment — Massage Therapists
It shall be the responsibility of the licensee for the massage establishment or the employer
of any persons purporting to act as massage therapists to insure that each person employed
as a massage therapist shall first have obtained a valid massage therapist license.
5.44.160 Applicability of provisions.
This Chapter shall not apply to hospitals, nursing homes, sanitaria or persons holding an
unrevoked certificate to practice the healing arts under the laws of the state, or persons
working under the direction of any such persons or in any such establishments, nor shall
this Chapter apply to barbers or cosmetologists lawfully carrying out their particular
profession or business and holding a valid, unrevoked license or certificate of registration
issued by the State.
5.44.170 Violation — Penalty.
Any person violating any provision of this Chapter shall be punished as provided for in
Chapter 1.08. In addition, any person violating any provision of this Chapter shall be
subject to the provisions of Chapter 1.12.
Section 3. If any section, paragraph, clause or provision of this ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 4. Any person violating any portion of this ordinance shall be punished
according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. In addition.
any person violating any provision of this Chapter shall be subject to the provisions of Chapter
1.12 of the Buffalo Grove Municipal Code.
Section 5. This ordinance shall be in full force and effect from and after its passage,
approval and publication. This ordinance may be published in pamphlet form.
AYES: 4 - Braiman Berman Johnson, Trilling
NAYES: 0 - None
ABSENT:
2 - Glover, Kahn
PASSED: December 6 12004.
APPROVED: December 6 , 2004.
PUBLISHED: December 7 , 2004.
APPROVED:
Village President
ATTEST:
"Village Clerk
F:1Buffalo Grove \ordinance- Wassage Establishments 11 /29 /04.doc
r
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
I further certify that on December 6, 2004, the
Corporate Authorities of the Village passed and
approved Ordinance No. 2004 -106 entitled: An
Ordinance Amending chapter 5.44, Massage
Establishments, of the village of Buffalo Grove
Municipal Code provided by its terms that it should
be published in pamphlet form.
The pamphlet form of Ordinance No. 2004 -106,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing December 6,
2004, and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 7th day of
December, 2004.
Vill e Clerk rr
By �—
11/29/2004 - WGR
ORDINANCE NO. 2004- 106
AN ORDINANCE AMENDING CHAPTER 5.44, MASSAGE ESTABLISHMENTS,
OF THE VILLAGE OF BUFFALO GROVE
MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Public Act 92 -0860 enacted the Illinois Massage Licensing Act (225
Illinois Compiled Statutes 57/1 et seq.) ( "Act") which Act was subsequently amended by Public
Act 93 -0524; and
WHEREAS, the Illinois Massage Licensing Act provided that the regulation and
licensing of massage therapy is an exclusive power and function of the State of Illinois and
further provided that beginning January 1, 2005 a home rule unit of government may not regulate
or license massage therapists.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and
made a part of this Ordinance as if fully set forth herein.
Section 2. Chapter 5.44, entitled Massage Establishments, of the Village of Buffalo
Grove Municipal Code is hereby amended to read as follows:
5.44.010 Definitions.
For the purpose of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them:
A. "Act" means the Illinois Massage Licensing Act (225 Illinois Compiled
Statutes 57/1 et seq.)
B. "Employee" means any and all persons other than the massage therapist,
who render any service to the licensee, who receive compensation directly
from the licensee, and who have no physical contact with customers and
clients.
C. "Health Officer" means an inspecting officer of the Buffalo Grove Health
Department.
D. "Massage" or "massage therapy" shall have the meaning described to it in
the Act.
E. "Massage establishment" means any establishment having a fixed place of
business where any person, firm, association, or corporation engages in, or
carries on, or permits to be engaged in or carried on any of the activities of
the practice of massage.
F. "Massage therapist" means a person who is licensed by the Illinois
Department of Financial and Professional Regulation, Division of
Professional Regulation and administers massage for compensation.
G. "Massage therapist license" means a license issued by the Ilinois
Department of Financial and Professional Regulation, Division of
Professional Regulation.
H. "Licensee" means the operator or owner of a massage establishment.
1. "Person" means any individual, co-partnership, firm, association, joint
stock company, corporation, limited liability company or combination of
individuals of whatever form or character.
J. "Sexual or genital area" means the genitals, pubic area, buttocks, anus or
perineum of any person or the vulva or the breasts of a female.
5.44.020 License — Required.
It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged
in, conducted or carried on, in or upon any premises in the Village, the operation of a
massage establishment, without first having obtained a license therefore.
5.44.030 License— Application -- Filing.
Every applicant for a license to maintain, operate or conduct a massage establishment shall
file an application with the Village Clerk.
5.44.040 License — Application -- Information required.
The applicant for a license to operate a massage establishment shall furnish the following
information:
A. Name (including any alias) and address;
B. Written proof that the individual is at least eighteen years of age;
C. All residential addresses for the past three years;
D. The business, occupation or employment of the applicant for the four
years immediately preceding the date of the application;
E. The massage or similar business license or permit history of the applicant,
i.e., whether such person, previously operating in this or another village,
or city or state under a license or permit, has had such license or permit
revoked or suspended, the reason therefore, and the business activity or
occupation subsequent to such action of suspension or revocation;
F. All criminal or Village ordinance violation convictions, including
forfeiture of bond and pleadings of nolo contendere, on all federal, state
and local charges, except minor traffic violations;
G. A recent photograph of the applicant;
H. If the applicant is a corporation, a limited liability company or a
partnership, the name of the entity as shown in its document(s)
establishing the entity;
1. A drawing or written description which adequately describes the space in
the building where the massage business of the applicant is to be
conducted;
J. The information required above in subsections A through H for the
following individuals:
1. The operator, manager or owner,
2. Any partner or limited partner of a partnership application,
3. Any stockholder of a corporate applicant or a member of a limited
liability company owning in the aggregate ten percent or more of such
entity.
5.44.050 License —Fee.
Every such applicant shall pay a nonrefundable application fee of two hundred fifty dollars
to the Village Clerk. The fee for licenses issued for less than a calender year shall be
prorated for the period from the date of issuance to December 31' of that year.
5.44.060 License — Transferability.
No license for the operation of a massage establishment issued pursuant to the provisions
of this Chapter shall be transferable.
5.44.070 License —Term.
All massage establishment licenses shall terminate on December 31" of each year.
5.44.080 Massage Therapist License — Required.
It is unlawful for any person to massage any person or engage in the practice of massage
therapy without having first obtained an Illinois message therapist license.
5.44.090 Massage Therapist License — Display.
Every massage establishment licensee shall display a valid massage therapist license for
any individual conducting a massage within the licensed premises; said license shall be
displayed in a conspicuous place within the massage establishment so that the same may
be readily seen by any person entering the premises.
5.44.100 License — Revocation or suspension.
Any suspension or revocation of massage establishment license shall be pursuant to the
suspension, revocation and appeal procedures set forth in Chapter 1.12.
5.44.110 Facility requirements.
A. No massage establishment shall be issued a license, nor be operated,
established or maintained in the Village unless an inspection by the Health
Officer reveals that the establishment complies with each of the following
minimum requirements:
1. Construction of rooms used for toilets, tubs, steam baths, and showers
shall be made waterproof with approved waterproof materials and
shall be installed in accordance with the building code of the Village;
2. All massage tables, bathtubs, shower stalls, steam or bath areas and
floors shall have surfaces which may be readily disinfected;
3. Adequate bathing, dressing and locker facilities shall be provided for
the patrons to be served at any given time. In the event male and
female patrons are to be served simultaneously, separate bathing,
dressing, locker and massage rooms facilities shall be provided;
4. The premises shall have adequate equipment for disinfecting and
sterilizing nondisposable instruments and materials used in
administering massages. Such nondisposable instruments and
materials shall be disinfected after use on each patron;
5. 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;
6. Toilet facilities shall be provided in convenient locations. Then
employees and patrons of different sexes are on the premises at the
same time, separate toilet facilities shall be provided for each sex. A
single water closet per sex shall be provided for each twenty or fewer
employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for water closets after one water closet has
been provided. Toilets shall be designated as to the sex accommodated
therein;
7. 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;
8. The premises shall be equipped with a service sink for custodial
services.
B. The Health Officer shall certify or report that the proposed massage
establishment complies or does not comply with all the requirements of
this section and shall send such certification or report to the Village Clerk.
5.44.120 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, and massage therapists, shall be clean and wear clean,
nontransparent outer garments, covering the sexual and genital areas. A
separate dressing room for each sex must be available on the premises
with individual lockers for each employee.
D. All massage establishments shall be provided with clean, laundered sheets
and towels in sufficient quantity and shall be laundered after each use
thereof and stored in a sanitary manner.
E. The sexual or genital areas of patrons must be covered by towels, cloths or
undergarments when in the presence of an employee or massage therapist.
F. It is unlawful for any person, in a massage establishment, knowingly, to
place his or her hand upon, to touch with any part of his or her body, to
fondle in any manner, or to massage a sexual or genital area of any other
person.
G. No massage therapist, employee or operator shall perform, offer or agree
to perform any act which would require the touching of a patron's genital
area.
H. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all
other physical facilities shall be in good repair and maintained in a clean
and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or
steam and vapor cabinets, shower compartments and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs and
showers shall be thoroughly cleaned after each use. When carpeting is
used on the floors, it shall be kept dry.
I. Oils, creams, lotions or other preparations used in administering massages
shall be kept clean and in closed containers or cabinets.
J. Eating in the massage work areas shall not be permitted. Animals, except
for Seeing Eye dogs, shall not be permitted in the massage work areas.
K. No massage therapist shall administer a massage on a patron's skin
inflammation, or skin eruption, unless a physician duly licensed by the
State certifies in writing that such person may be safely massaged on that
area.
L. Each massage therapist shall wash his or her hands in hot running water,
using a proper soap or disinfectant before administering a massage to each
patron.
5.44.130 Inspections -- Reports.
A. The Village Clerk shall issue no license or license renewal for the
conduct, operation, or maintenance of the massage establishment proposed
in the application until the following officers, after inspection or
investigation, report favorable as to the matters indicated below:
1. Health Officer. The Health Officer shall inspect and report in
connection with the prevention of nuisances and the spread of disease;
2. Plumbing Inspector, Building Inspector and Electrical Inspector. The
Plumbing, Building and Electrical inspectors shall inspect and report
in connection with full compliance with respective Village Plumbing,
Building and Electrical Codes;
3. Chief of Police. The Chief of Police shall investigate and report in
connection with the accuracy of the information required above in
Section 5.44.040:
a. The Chief of Police shall report favorably if he finds no substantial
inaccuracies in the information furnished and shall not report
favorably if investigative findings show substantial inaccuracies,
b. The Chief of Police shall not report favorably if investigative
findings show that, within four years of the date of the application, the
applicant or any other person who will be directly or indirectly
engaged in the management or operations of a massage establishment
has been convicted of: (i.) a felony, (ii.) an offense involving sexual
misconduct with children, (iii.) prostitution, soliciting for a prostitute,
pandering, keeping or residing in a place of prostitution, pimping or
any other offense involving moral turpitude in relation to sexual
conduct,
c. The Chief of Police may delegate the investigative, inspecting
and reporting responsibilities imposed by this Chapter.
B. Upon receipt of favorable reports from the offices as indicated above, the
Village Clerk shall issue a massage establishment license to the applicant.
Reports shall be submitted or deemed favorable within thirty days after
the applicant's submission of an application.
5.44.140 Advertising restrictions.
No massage establishment granted a license under the provisions of this Chapter shall
place, publish or cause to be placed, published or distributed any advertising matter that
depicts any portion of the human body that would reasonably suggest to prospective
patrons that any services are available other than authorized massage services.
5.44.150 Employment— Massage Therapists
It shall be the responsibility of the licensee for the massage establishment or the employer
of any persons purporting to act as massage therapists to insure that each person employed
as a massage therapist shall first have obtained a valid massage therapist license.
5.44.160 Applicability of provisions.
This Chapter shall not apply to hospitals, nursing homes, sanitaria or persons holding an
unrevoked certificate to practice the healing arts under the laws of the state, or persons
working under the direction of any such persons or in any such establishments, nor shall
this Chapter apply to barbers or cosmetologists lawfully carrying out their particular
profession or business and holding a valid, unrevoked license or certificate of registration
issued by the State.
5.44.170 Violation — Penalty.
Any person violating any provision of this Chapter shall be punished as provided for in
Chapter 1.08. In addition, any person violating any provision of this Chapter shall be
subject to the provisions of Chapter 1.12.
Section 3. If any section, paragraph, clause or provision of this ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 4. Any person violating any portion of this ordinance shall be punished
according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. In addition.
any person violating any provision of this Chapter shall be subject to the provisions of Chapter
1.12 of the Buffalo Grove Municipal Code.
Section 5. This ordinance shall be in full force and effect from and after its passage,
approval and publication. This ordinance may be published in pamphlet form.
AYES: 4 - Braiman Berman Johnson, Trilling
NAYES: 0 - None
ABSENT: 2 - Glover, Kahn
PASSED: December 6 2004.
APPROVED: December 6 , 2004.
PUBLISHED: December 7 2004.
APPROVED:
Village President
ATTEST:
"Village Clerk
F:\Buffalo Grove \Ordinances \Massage Establishments 1 1/29 /04.doc
Gi
ORDINANCE NO. 78 -80
AN ORDINANCE REGULATING AND LICENSING MAS-
SAGE ESTABLISHMENTS AND MASSAGE SERVICES
WHEREAS, The President and Board of Trustees of the Village of
Buffalo Grove have determined it is in the best interests of the
public health, safety, welfare and morals to regulate and license
massage establishments and massage services.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
SECTION 1. DEFINITIONS
For the purpose of this Ordinance, the following words and phrases
shall have the meanings respectively ascribed to them:
(a) Massage or Practice of Massage. Any method of pressure on or
friction against or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of the external soft parts of the body with
the hands or with the aid of any mechanical or electrical apparatus
of appliance, with or without such supplementary aids as rubbing al-
cohol, liniments, antiseptics, oils, powder, creams, lotions, oint-
ments or other similar preparations.
(b) Massage Establishment. Any establishment having a fixed place
of business where any person, firm, association, or corporation en-
gages in, or carries on, or permits to be engaged in or carried on
any of the activities of the practice of massage.
(c) Masseur or Masseuse. Any person who, for any consideration
whatsoever, engages of the practice of massage.
(d) Employee. Any and all persons other than the masseurs or
masseuses, who render any service to the permittee, who receive com-
pensation directly from the permittee, and who have no physical con-
tact with customers and clients.
(e) Person. Any individual, co- partnership, firm, association,
joint stock company, corporation or combination of individuals of
whatever form or character.
(f) Health Officer. An inspecting officer of the Buffalo Grove
Health Department.
(g) Permittee or Licensee. The operator or owner (if an individual)
of a massage establishment.
-2-
(h) Sexual or Genital Area. The genitals, pubic area, buttocks,
anus or perineum of any person or the vulva or the breasts of a fe-
male.
(i) Out Call Massage Service. Any business, the function of which
is to engage in or carry on massages at a location designated by the
customer or client rather than at a massage establishment.
SECTION 2. LICENSE REQUIRED
(a) It shall be unlawful for any person to engage in, conduct or
carry on, or to permit to be engaged in, conducted or carried on, in
or upon any premises in the Village of Buffalo Grove, the operation
of a massage establishment, without first having obtained a license.
(b) Filing of Application. Every applicant for a license to main-
tain, operate or conduct a massage establishment shall file an appli-
cation with the Village Clerk.
(c) Fee. Every such applicant shall pay a non - refundable applica-
tion fee of One Hundred Dollars ($100.00) to the Village Clerk.
(d) The applicant for a license to operate a massage establishment
shall furnish the following information:
1. Name (including any alias) and address;
2. Written proof that the individual is at least eighteen (18)
years of age;
3. All residential addresses for the past three (3) years;
4. The business, occupation or employment of the applicant for
the four (4) years immediately preceding the date of application;
5. The massage or similar business license or permit history
of the applicant, i.e., whether such person, in previously opera-
ting in this or another Village, or City or State under a license
or permit, has had such license or permit revoked or suspended, the
reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation;
6. All criminal or Village ordinance violation convictions, in-
cluding forfeiture of bond and pleadings of nolo contendere, on all
federal, state and local charges, except minor traffic violations;
7. A recent photograph of the applicant;
-3-
8. If the applicant is a corporation, or a partner of a partner-
ship is a corporation, the name of the corporation exactly as shown
in its articles of incorporation;
9. A drawing or written description which adequately describes the
space in the building where the massage business of the applicant is to
be conducted;
10. The information required above in 1 -8 for the following indivi-
duals:
(a) The operator, manage or owner;
(b) Any partner or limited partner of a partner-
ship application;
(c) Any officer, director, or greater than 10%
stockholder of a corporate applicant or cor-
porate partner of a partnership.
SECTION 3. INSPECTIONS
The Village Clerk shall issue no license or license renewal for the
conduct, operation, or maintenance of the massage establishment pro-
posed in the application until the following officers, after inspection
or investigation, report favorably as to the matters indicated below:
(a) Health Officer. The Health Officer shall inspect and report in
connection with the prevention of nuisances and the spread of disease.
(b) Plumbing Inspector, Building Inspector and Electrical Inspector.
The plumbing, building and electrical inspectors shall inspect and re-
port in connection with full compliance with respective Village plumb-
ing, building and electrical codes.
(c) Chief of Police. The Chief of Police shall investigate and re-
port in connection with the accuracy of the information required above
in section 2 of this Ordinance:
1. The Chief of Police shall report favorably if he finds
no substantial inaccuracies in the information furnish-
ed and shall not report favorably if investigative find-
ings show substantial inaccuracies;
2. The Chief of Police shall not report favorably if inves-
tigative findings show that, within four (4) years of
the date of the application, the applicant or any other
person who will be directly or indirectly engaged in the
management or operations of a massage establishment has
been convicted of (i) a felony, (ii) an offense involv-
ing sexual misconduct with children, (iii) prostitution,
soliciting for a prostitute, pandering, keeping or re-
siding in a place of prostitution, pimping or any other
offense involving moral turpitude in relation to sexual
conduct.
-4-
3. The Chief of Police may delegate the investi-
gative, inspecting and reporting responsibili-
ties imposed by this Ordinance.
Upon receipt of favorable reports from the offices as indicated
above, the Village Clerk shall issue a massage establishment license
to the applicant. Reports shall be submitted or deemed favorable with-
in thirty (30) days after the applicant's submission of an application.
SECTION 4. TERMINATION OF LICENSE(s)
Every massage establishment license shall /will terminate at the ex-
piration of one (1) year from the date of its issuance, unless sooner
suspended or revoked.
SECTION 5. REVOCATION OR SUSPENSION OF MASSAGE ESTABLISHMENT OR
MASSEUR /MASSEUSE PERMITS.
(a) Any license issued to an owner or operator of a massage establish-
ment or any permit issued to a masseur or a masseuse may be revoked or
may be suspended for any length of time during the remaining period of
validity of the license or permit for any one or more of the following
reasons: For any violation by the licensee or permittee of the ordi-
nance provisions relating to the license or permit, the subject matter
of the license or permit, or to the premises occupied by the massage
establishment.
(b) No license or permit issued pursuant to this Article shall be
revoked or suspended without first giving the licensee or permittee
notice of such action and an opportunity to be heard in accordance
with the provisions of this Code.
(c) Before any license or permit is revoked or suspended at least
five (5) days written advance notice shall be given to the licensee
or permittee by certified mail, return receipt requested. In the case
of a revocation or suspension of a massage establishment license no-
tice shall be sent to the licensee at the business address indicated
on the licensee's application for a massage establishment license.
In the case of a revocation or suspension of a masseur or a masseuse
permit, notice shall be sent to the masseur or masseuse at the resi-
dence address indicated in the application for the permit. The notice
shall set forth the date, time and place of the hearing and shall state
the facts which constitute the reasons for the hearing on the revocation
or suspension of the license or permit.
-5-
(d) It shall be the duty of all licensee and permittees to inform
the Village Clerk of any changes in address which are needed to in-
form them of any h aring conducted pursuant to this Section. All chan-
ges in address shall be reported to the Village Clerk within ten (10)
days of any such change. Failure by any licensee or permittee to in-
form the Village Clerk of any change in address required pursuant to
this Section shall not prevent or preclude the bringing of any action
or the holding of any hearing pursuant to this Section for a revoca-
tion or suspension of the license or permit.
(e) Any licensee or permittee may appeal any decision by the Presi-
dent to revoke or suspend a license or permit to the Village Board of
Trustees. All appeals shall be in writing setting forth the reasons
for the appeal and shall be filed with Village Clerk within ten (10)
days after the receipt of the notice from the President to revoke or
suspend the license or permit. Upon receipt of the notice, the Board
of Trustees shall fix a time and place for hearing the appeal. The
hearing shall be held not more than twenty (20) days following the
receipt of the notice of appeal by the Village Clerk. The filing of
an appeal by a licensee or permittee shall not operate as a stay of
the determination by the President to revoke or suspend the license
or permit.
(f) If in any twelve (12) month period any license or permit has
been suspended for any reason for any length of time, two (2) or more
times or if within that period any licensee or permittee has been
penalized by any fine or has forfeited any bond two (2) or more times
pursuant to any action brought for any violation of this Ordinance,
upon giving notice and an opportunity to be heard in accordance with
this Ordinance, the President shall revoke that license or permit.
Any revocation or suspension of any license or permit shall be in
addition to any fine imposed.
SECTION 6. MASSEUR AND MASSEUSE PERMIT REQUIRED
It shall be unlawful for any person including an applicant for a
massage establishment license for any legal consideration to massage
any person or engage in the practice of massage without having first
obtained a masseur or masseuse permit. The application for a masseur
or a masseuse permit shall be filed with the Village Clerk, and the
10
applicant shall pay to the Village Clerk a non - refundable filing
fee of Fifty Dollars ($50.00) for an original application and Twenty
Dollars ($20.00) for a renewal application. No application shall be
processed by any department until the application fee is paid in full.
SECTION 7. APPLICATION FORM FOR MASSEUR OR MASSEUSE PERMIT
The applicant for a masseur or masseuse permit shall furnish the
following information:
1. Name (including any alias) and address;
2. Social Security Number and driver's license number, if any;
3. Applicant's weight, height, color of hair and eyes;
4. Business, occupation or employment of the applicant for the
four (4) years immediately preceding the date of application;
5. Whether the applicant has ever been convicted of, pleaded
nolo contendere to, or suffered a forfeiture on a bond in rela-
tion to charges of committing any federal, state or local crime
except minor traffic violations. If the answer is in the affir-
mative, a statement must be made giving the place and the court
in which such conviction plea or forfeiture was had, the speci-
fic charge under which the conviction plea or forfeiture was ob-
tained and the sentence imposed.
6. A recent photograph of the applicant;
7. The results of a physical examination for contagious and
communicable diseases, which shall include a recognized blood
test for syphillis, a culture for gonorrhea, a test or.tests
which will demonstrate freedom from tuberculosis, which is to
be made and interpreted by a licensed physician acceptable to
the health officer and such other laboratory tests done in a
laboratory acceptable to the health officer, as may be necessi-
tated by the above examination; a certificate based upon the
applicant's physical examination and issued within thirty (30)
days of such examination, signed by a physician duly licensed
by the State of Illinois and stating that the person examined
is either free from any contagious or communicable disease or
incapable of communicating any of such diseases to others. Appli-
cants shall undergo the physical examination referred to above
and submit to the health officer the certificate required herein
prior to commencement of their employment and at least once every
twelve (12) months thereafter.
SECTION 8. ISSUANCE OF MASSEUR OR MASSEUSE PERMIT
The Village Clerk shall issue a masseur or masseuse permit within
thirty (30) days following application, unless an investigative re-
port of the Chief of Police indicates that, within four (4) years of
the date of application, the applicant for masseur or masseuse permit
has been convicted of: (1) a felony; (2) an offense involving sexual
misconduct with children; (3) keeping or residing in a place of pros-
titution, solicitation for a prostitute, prostitution, pandering or
any other offense involving moral turpitude in relation to sexual
conduct. After reviewing the information furnished by the applicant,
-7-
further investigation is at the option of the Chief of Police.
SECTION 9. FACILITIES NECESSARY
(a) No massage establishment shall be issued a permit, nor be
operated, established or maintained in the Village unless an inspec-
tion by the health officer reveals that the establishment complies
with each of the following minimum requirements:
1. Construction of rooms used for toilets, tubs, steam baths,
and showers shall be made waterproofed with approved water-
proof materials and shall be installed in accordance with
the building code of the Village of Buffalo Grove;
2. All massage tables, bathtubs, shower stalls, steam or bath
areas and floors shall have surfaces which may be readily
disinfected;
3. Adequate bathing, dressing and locker facilities shall be
provided for the patrons to be served at any given time.
In the event male and female patrons are to be served si-
multaneously, separate bathing, dressing, locker and mas-
sage room facilities shall be provided.
4. The premises shall have adequate equipment for disinfect-
ing and sterilizing non - disposable instruments and materials
used in administering massages. Such non - disposable instru-
ments and materials shall be disinfected after use on each
patron;
5. Closed cabinets shall be provided and used for the storage
of clean linen, towels and other materials used in connec-
tion with administering massages. All soiled linens, towels
and other materials shall be kept in properly covered con-
tainers or cabinets, which containers or cabinets shall be
kept separate from the clean storage areas;
6. Toilet facilities shall be provided in convenient locations.
When employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities'shall
be provided for each sex. A single water closet per sex
shall be provided for each twenty (20) or fewer employees
or patrons of that sex on the premises at any one time. Uri-
nals may be substituted for water closets after one water
closet has been provided. Toilets shall be designated as to
the sex accomodated therein;
7. 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;
8. The premises shall be equipped with a service sink for cus-
todial services.
(b) The health officer shall certify or report that the proposed
massage establishment complies or does not comply with all the re-
quirements of this section of this Ordinance and shall send such
certification or report to the Village Clerk.
SECTION 10. OPERATING REQUIREMENTS
1. Every portion of the massage establishment, including
appliances and apparatus, shall be kept clean and op-
erated in a sanitary condition;
M
2. Price rates for all services shall be prominently posted
in the reception area in a location available to all pro-
spective customers;
3. All employees, including masseurs and masseuses, shall be
clean and wear clean, non - transparent outer garments,
covering the sexual and genital areas. A separate dressing
room for each sex must be available on the premises with
individual lockers for each employee;
4. All massage establishments shall be provided with clean,
laundered sheets and towels in sufficient quantity and
shall be laundered after each use thereof and stored in
a sanitary manner;
5. The sexual or genital areas of patrons must be covered
by towels, cloths or undergarments when in the presence
of an employee, masseur or masseuse;
6. It shall be unlawful for any person, in a massage es-
tablishment, knowingly, to place his or her hand upon,
to touch with any part of his or her body, to fondle
in any manner, or to massage a sexual or genital area
of any other person;
7. No masseur or masseuse, employee or operator shall per-
form, offer or agree to perform any act which would re-
quire the touching of a patrons genital area;
8. All walls, ceilings, floors, pools, showers, bathtubs,
steam rooms and all other physical facilities shall be
in good repair and maintained in a clean and sanitary
condition. Wet and dry heat rooms, steam or vapor rooms,
or steam and vapor cabinets, shower compartments and
toilet rooms shall be thoroughly cleaned each day the
business is in operation. Bathtubs and showers shall
be thoroughly cleaned after each use. When carpeting
is used on the floors, it shall be kept dry.
9. Oils, creams, lotions or other preparations used in
administering massages shall be kept clean and in
closed containers or cabinets;
10. Eating in the massage work areas shall not be permitted.
Animals, except for seeing -eye dogs, shall not be per-
mitted in the massage work areas;
11. No masseur or masseuse shall administer a massage on a
patron's skin inflamation, or skin eruption, unless a
physician's duly licensed by the State of Illinois cer-
tifies in writing that such person may be safely massaged
on that area.
12. Each masseur and masseuse shall wash his or her hands in
hot running water, using a proper soap or disinfectant
before administering a massage to each patron.
SECTION 11. ADVERTISING
No massage establishment granted a license under the provisions
of this Ordinance shall place, publish or cause to be placed, pub-
lished or distributed any advertising matter that depicts any por-
tion of the human body that would reasonably suggest to prospective
patrons that any services are available other than authorized mas-
sage services.
ME
SECTION 12. INSPECTIONS
The Chief of Police and the Health Officer shall from time to
time and at least twice a year, make an inspection of each es-
tablishment granted a license under the provisions of this Ordi-
nance for the purposes of determining that there is compliance
with the provisions of this Ordinance. Such inspections shall be
made at reasonable times and in a reasonable manner.
SECTION 13. EMPLOYMENT OF PERSON UNDER THE AGE OF EIGHTEEN
(18) PROHIBITED
It shall be unlawful for any owner, proprietor, manager or
other person in charge of any massage establishment to employ any
person who is not at least eighteen (18) years of age.
SECTION 14. IDENTIFICATION CARD
The Village Clerk shall provide each masseur or masseuse granted
a permit with an identification card which shall contain a photo-
graph of the masseur or masseuse and the full name and permit num-
ber assigned to the said masseur or masseuse, which must be worn
on the front of the outer garment at all times during the hours
of operation of any establishment granted a permit pursuant to
this Ordinance.
SECTION 15. TRANSFER OF PERMITS
No license for the operation of a massage establishment issued
pursuant to the provisions of this Ordinance shall be transferable.
However, upon the death or incapacity of the licensee, the massage
establishment may continue in business for a reasonable period of
time to allow for an orderly transfer of the license, but such
period shall not exceed sixty (60) days.
SECTION 16. DISPLAY OF LICENSE
Every licensee shall display a valid permit in a conspicuous
place within the massage establishment so that the same may be
readily seen by person entering the premises.
SECTION 17. EMPLOYMENT OF MASSEURS AND MASSEUSES
It shall be the responsibility of the licensee for the massage
establishment or the employer of any persons purporting to act as
masseurs and masseuses to insure that each person employed as mas-
seur or masseuse shall first have obtained a valid permit pursuant
to this Ordinance.
-10-
SECTION 18. OUT CALL REGISTRATION
Any masseuse or masseur who provides any of the services listed
in Section 1(a) of this Ordinance at any hotel or motel must first
register his or her name and permit number with the owner, manager,
or person in charge of the hotel or motel.
SECTION 19. OUT CALL SERVICE
No "out call massage service" may be operated other than by a
licensed massage establishment. All massages performed by an 'but
call massage service" must be performed in the manner prescribed
in Section 10.
SECTION 20. TIME LIMIT FOR FILING APPLICATION FOR LICENSE
AND PERMIT
All persons who presently operate a massage
who are employed as a masseur or masseuse must
or permit within three (3) months of the effec
Ordinance. Applications for renewal of permits
more than two (2) months nor less than one (1)
mination of an existing license and permit.
establishment or
file for a license
tive date of this
must be filed not
month prior to ter-
SECTION 21. NON- APPLICABILITY OF THIS ORDINANCE
This Ordinance shall not apply to hospitals, nursing homes,
sanitaria or persons holding an unrevoked certificate to practice
the healing arts under the laws of the State of Illinois, or per-
sons working under the direction of any such persons or in any
such establishments, nor shall this Ordinance apply to barbers
or cosmotologists lawfully carrying out their particular profes-
sion or business and holding a valid, unrevoked license or certi-
ficate of registration issued by the State of Illinois.
SECTION 22. SEVERABILITY
If any section, sub- section, subdivision, paragraph, sentence,
clause or phrase in this Ordinance, or any part thereof, is for
any reason held to be unconstitutional or invalid or ineffective
by any court of competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remaining portions of
this Ordinance or any part thereof.
-11-
SECTION 23. GENERAL PENALTY
A. Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of this Ordinance
is guilty of a misdemeanor. Any person convicted of a misdemeanor
under the ordinances of the Village shall be punished by a fine
not to exceed $500.00.
B. Each such person is guilty of a separate offense for each
and every day during any portion of which any violation of this
Ordinance is committed, continued or permitted by any such per-
son, and he is punishable accordingly.
SECTION 24. ENACTMENT
This Ordinance shall be in full force and effect from and
after its passage, approval and publication according to law.
This Ordinance may be published in pamphlet form.
6 -Rech, Bogart,
AYES: Marienthal, Stone, NAPES: 0 - None
Mendenhall, Kande
PASSED: November 6, _t 1978.
APPROVED:
November
6,
,1978.
PUBLISHED:
November
9,
,1978.
ABSENT: 0 - None
APPROVED:
VILLAGE PRESIDENT
ATTEST:
OitT,A E CLERK j
1
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. /) 8- S"d
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS &t& DAY OF 197?1.
Published in pamphlet form by authority
of the President and Board of Trustees of
the Village of Buffalo Grove, Cook and Lake
Counties, Illinois,. this day of
Village Cler
ORDINANCE NO. 78 -80
AN ORDINANCE REGULATING AND LICENSING MAS-
SAGE ESTABLISHMENTS A14D 14ASSAGE SERVICES
WHEREAS, The President and-Board of Trustees of the Village of
Buffalo Grove have determined it is in the best interests of the
public health, safety, welfare and morals to regulate and license
massage establishments and massage services.
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
SECTION 1. DEFINITIONS
For the purpose of this Ordinance, the following words and phrases
shall have the meanings respectively ascribed to them:
(a) Massage or Practice of Massage. Any method of pressure on or
friction against or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of the external soft parts of the body w`_th
the hands or with the aid of any mechanical or electrical apparatus
of appliance, with or without such supplementary aids as rubbing al-
cohol, liniments, antiseptics, oils, powder, creams, lotions, oint-
ments or other similar preparations.
(b) Massage Establishment. Any establishment having a fixed place
of.;usiness where any person, firm, association, or corporation en-
.gages in, or carries on, or permits to be engaged in or carried on
any of the activities of the practice of massage.
(c) Masseur or Masseuse. Any person who, for any consideration
whatsoever, engages of the practice of massage.
(d) Employee. Any and all persons other than the masseurs or
masseuses, who render any service to the permittee, who receive com-
pensation directly from the permittee, and who have no physical con-
tact with customers and clients.
(e) Person. Any individual, co- partnership, firm, association,
joint stock company, corporation or combination of individuals of
whatever form or character.
(f) Health Officer. An inspecting officer of the Buffalo Grove
Health Department.
(g) Permittee or Licensee. The operator or owner (if an individual)
of a massage establishment.
-2-
(h) Sexual or Genital Area. The genitals, pubic
anus or perineum of any person or the vulva or the
male.
(i) Out Call Massage Service. Any business, the
is to engage in or carry on massages at a location
customer or client rather than at a massage establ
area, buttocks,
breasts of a fe-
function of which
designated by the
ishment.
SECTION 2. LICENSE REQUIRED
(a) It shall be unlawful for any person to engage in, conduct or
carry on, or to permit to be engaged in, conducted or carried on, in
or upon any premises in the Village of Buffalo Grove, the operation
of a massage establishment, without first having obtained a license.
(b) Filing of Application. Every applicant for a license to main-
tain, operate or conduct a massage establishment shall file an appli-
cation with the Village Clerk.
(c) Fee. Every such applicant shall pay a non - refundable applica-
tion fee of One Hundred Dollars ($100.00) to the Village Clerk.
(d) The applicant for a license to operate a massage establishment
shall furnish the following information:
1. Name (including any alias) and address;
2. 'Written proof that the individual is at least eighteen (18)
years of age;
3. All residential addresses for the past three (3) years;
4. The business, occupation or employment of the applicant for
the four (4) years immediately preceding the date of application;
5. The massage or similar business license or permit history
of the applicant, i.e., whether such person, in previously opera-
ting in this or another Village, or City or State under a license
or permit, has had such license or permit revoked or suspended, the
reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation;
6. All criminal or Village ordinance violation convictions, in-
cluding forfeiture of bond and pleadings of nolo contendere, on all
federal, state and local charges, except minor traffic violations;
7. A recent photograph of the applicant;
-3-
8. If the applicant is a corporation, or a partner of a partner-
ship is a corporation, the name of the corporation exactly as shown
in its articles of incorporation;
-9. A drawing or written description which adequately describes the
space in the building where the massage business of the applicant is to
be conducted;
10. The information required above in 1 -8 for the following indivi-
duals:
(a) The operator, manage or owner;
(b) Any partner or limited partner of a partner-
ship application;
(c) Any officer, director, or greater than 10%
stockholder of a corporate applicant or cor-
porate partner of a partnership.
SECTION 3. INSPECTIONS
The Village Clerk shall issue no license or license renewal for the
conduct, operation, or maintenance of the massage establishment pro-
posed in the application until the following officers, after inspection
or investigation, report favorably as to the matters indicated below:
(a) Health Officer. The Health Officer shall inspect and report in
connection with the prevention of nuisances and the spread of disease.
(b) Plumbing Inspector_, Buildin_& Inspector and Electrical Inspector.
The plumbing, building and electrical inspectors shall inspect and re-
port in connection with full compliance with respective Village plumb-
ing, building and electrical codes.
(c) Chief of Police. The Chief of Police shall investigate and re-
port in connection with the accuracy of the information required above
in section 2 of this Ordinance:
1. The Chief of Police shall report favorably if he finds
no substantial inaccuracies in the information furnish-
ed and shall not report favorably if investigative find-
ings show substantial inaccuracies;
2. The Chief of Police shall not report favorably if inves-
tigative findings show that, within four (4) years of
the date of the application, the applicant or any other
person who will be directly or indirectly engaged in the
management or operations of a massage establishment has
been convicted of (i) a felony, (ii) an offense involv-
ing sexual misconduct with children, (iii) prostitution,
soliciting for a prostitute, pandering, keeping or re-
siding in a place of prostitution, pimping or any other
offense involving moral turpitude in relation to sexual
conduct.
-4-
3. The Chief of Police may delegate the investi-
gative, inspecting and reporting responsibili-
ties imposed by this Ordinance.
Upon receipt of favorable reports from the offices as indicated
above, the Village Clerk shall issue a massage establishment license
to the applicant. Reports shall be submitted or deemed favorable with-
in thirty (30) days after the applicant's submission of an application.
SECTION 4. TERMINATION OF LICENSE(s)
Every massage establishment license shall /will terminate at the ex-
piration of one (1) year from the date of its issuance, unless sooner
suspended or revoked.
SECTION 5. REVOCATION OR SUSPENSION OF MASSAGE ESTABLISHMENT OR
MASSEUR /MASSEUSE PER11ITS.
(a) Any license issued to an owner or operator of a massage establish-
ment or any permit issued to a masseur or a masseuse may be revoked or
may be suspended for any length of time during the remaining period of
validity of the license or permit for any one or more of the following
reasons: For any violation by the licensee or permittee of the ordi-
nance provisions relating to the license or permit, the subject matter
of the license or permit, or to the premises occupied by the massa;;e
establishment.
(b) No license or permit issued pursuant to this Article shall be
revoked or suspended without first giving the licensee or permittee
notice of such action and an opportunity to be heard in accordance
with the provisions of this Code.
(c) Before any license or permit is revoked or suspended at least
five (5) days written advance notice shall be given to the licensee
or permittee by certified mail, return receipt requested. In the case
of a revocation or suspension of a massage establishment license no-
tice shall be sent to the licensee at. the business address indicated
on the licensee's application for a massage establishment license.
In the case of a revocation or suspension of a masseur or a masseuse
permit, notice shall be sent to the masseur or masseuse at the resi-
dence address indicated in the application for the permit. The notice
shall set forth the date, time and place of the hearing and shall state
the facts which constitute the reasons for the hearing on the revocation
or suspension of the license or permit.
-5-
(d) It shall be the duty of all licensee and permittees to inform
the Village Clerk of any changes in address which are needed to in-
form them of any h aring conducted pursuant to this Section. All chan-
ges in address shall be reported to the Village Clerk within ten (10)
days of any such change. Failure by any licensee or permittee to in-
form the Village Clerk of any change in address required pursuant to
this Section shall not prevent or preclude the bringing of any action
or the holding of any hearing pursuant to this Section for a revoca-
tion or suspension of the license or permit.
(e) Any licensee or permittee may appeal any decision by the Presi-
dent to revoke or suspend a license or permit to the Village Board of
Trustees. All appeals shall be in writing setting forth the reasons
for the appeal and shall be filed with Village Clerk within ten (10)
days after the receipt of the notice from the President to revoke: or
suspend the license or permit. Upon receipt of the notice, the Board
of Trustees shall fix a time and place for hearing the appeal. The
hearing shall be held not more than twenty (20) days following the
receipt of the notice of appeal by the Village Clerk. The filing of
an appeal by a licensee or permittee shall not operate as a stay of
the determination by the President to revoke or suspend the license
or permit.
(f) If in any twelve (12) month period any license or permit has
been suspended for any reason for any length of time, two (2) or more
times or if within that period any licensee or permittee has been
penalized by any fine or has forfeited any bond two (2) or more times
pursuant to any action brought for any violation of this Ordinance,
upon giving notice and an opportunity to be heard in accordance with
this Ordinance, the President shall revoke that license or permit.
w
Any revocation or suspension of any license or permit shall be in
addition to any fine imposed.
SECTION 6. MASSEUR AND MASSEUSE PERMIT REQUIRED
It shall be unlawful for any person including an applicant for a
massage establishment license for any legal consideration to massage
any person or engage in the practice of massage without having first
obtained a masseur or masseuse permit. The application for a masseur
or a masseuse permit shall be filed with the Village Clerk, and the
-6-
applicant shall pay to the Village Clerk a non - refundable filing
fee of Fifty Dollars ($50.00) for an original application and Twenty
Dollars ($20.00) for a renewal application. No application shall be
processed by any department until the application fee is paid in full.
SECTION 7. APPLICATION FORM FOR MASSEUR OR MASSEUSE PERMIT
The applicant for a masseur or masseuse permit shall furnish the
following information:
1. Name (including any alias) and address;
2. Social Security Number and driver's license number, if any;
3. Applicant's weight, height, color of hair and eyes;
4. Business, occupation or employment of the applicant for the
four (4) years immediately preceding the date of application;
5. Whether the applicant has ever been convicted of, pleaded
nolo contendere to, or suffered a forfeiture on a bond in rela-
tion to charges of committing any federal, state or local crime
except minor traffic violations. If the answer is in the affir-
mative, a statement must be made giving the place and the court
in which such conviction plea or forfeiture was had, the speci-
fic charge under which the conviction plea or forfeiture was ob-
tained and the sentence imposed.
6. A recent photograph of the applicant;
7. The results of a physical examination for contagious and
communicable diseases, which shall include a recognized blood
test for syphillis, a culture for gonorrhea, a test or tests
which will demonstrate freedom from tuberculosis, which is to
be made and interpreted by a licensed physician acceptable to
the health officer and such other laboratory tests done in a
laboratory acceptable to the health officer, as may be necessi-
aed by the above examination; a certificate based upon the
applicant's physical examination and issued within thirty (30)
days of such examination, signed by a physician duly licensed
by the State of Illinois and stating that the person examined
is either free from any contagious or communicable disease or
incapable of communicating any of such diseases to others. Appli-
cants shall undergo the physical examination referred to above
and submit to the health officer the certificate required herein
prior to commencement of their employment and at least once every
twelve (12) months thereafter.
SECTION 8. ISSUANCE OF MASSEUR OR MASSEUSE PERMIT
The Village Clerk shall issue a masseur or masseuse permit within
thirty (30) days following application, unless an investigative re-
.% port of the Chief of Police indicates that, within four (4) years of
the date of application, the applicant for masseur or masseuse permit
has been convicted of: (1) a felony; (2) an offense involving sexual
misconduct with children; (3) keeping or residing in a place of pros-
titution, solicitation for a prostitute, prostitution, pandering or
any other offense involving moral turpitude in relation to sexual
conduct. After reviewing the information furnished by the applicant,
-7-
further investigation is at the option of the Chief of Police.
SECTION 9. FACILITIES NECESSARY
(a) No massage establishment shall be issued a permit, nor be
operated, established or maintained in the Village unless an inspec-
tion by the health officer reveals that the establishment complies
with each of the following minimum requirements:
1. Construction of rooms used for toilets, tubs, steam baths,
and showers shall be made waterproofed with approved water-
proof materials and shall be installed in accordance with
the building code of the Village of Buffalo Grove;
2. All massage tables, bathtubs, shower stalls, steam or bath
areas and floors shall have surfaces which may be readily
disinfected;
3. Adequate bathing, dressing and locker facilities shall be
provided for the patrons to be served at any given time.
In the event male and female patrons are to be served si-
multaneously, separate bathing, dressing, locker and mas-
sage room facilities shall be provided.
4. The premises shall have adequate equipment for disinfect-
ing and sterilizing non - disposable instruments and materials
used in administering massages. Such non - disposable instru-
ments and materials shall be disinfected after use on each
patron;
5. Closed cabinets shall be provided and used for the storage
of clean liner,, towels and other materials used in connec-
tion with administering massages. All soiled linens, towels
and other materials shall be kept in properly covered con-
tainers or cabinets, which containers or cabinets shall be
kept separate from the clean storage areas;
6. Toilet facilities shall be provided in convenient locations.
When employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities 'shall
be provided for each sex. A single water closet per sex
shall be provided for each twenty (20) or fewer employees
or patrons of that sex on the premises at any one time. Uri. -
pals may be substituted for water closets after one water
closet has been provided. Toilets shall be designated as to
the sex accomodated therein;
7. 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;
8. The premises shall be equipped with a service sink for cus-
todial services.
(b) The health officer shall certify or report that the proposed
massage establishment complies or does not comply with all the re-
quirements of this section of this Ordinance and shall send such
certification or report to the Village Clerk.
SECTION 10. OPERATING REQUIMI NTS
1. Every portion of the massage establishment, including
appliances and apparatus, shall be kept clean and op-
erated in a sanitary condition;
_L
H
2. Price rates for all services shall be prominently posted
in the reception area in a location available to all pro-
spective customers;
3. All employees, including masseurs and masseuses, shall be
clean and wear clean, non - transparent outer garments,
covering the sexual and genital areas. A separate dressing
room for each sex must be available on the premises with
individual lockers for each employee;
4. All massage establishments shall be provided with clean,
laundered sheets and towels in sufficient quantity and
shall be laundered after each use thereof and stored in
a sanitary manner;
5. The sexual or genital areas of patrons must be covered
by towels, cloths or undergarments when in the presence
of an employee, masseur or masseuse;
6. It shall be unlawful for any person, in a massage es-
tablishment, knowingly, to place his or her hand upon,
to touch with any part of his or her body, to fondle
in any manner, or to massage a sexual or genital area
of any other person;
7. No masseur or masseuse, employee or operator shall per-
form, offer or agree to perform any act which would re
quire the touching of a patrons genital area;
8. All walls, ceilings, floors, pools, showers, bathtubs,
steam rooms and all other physical facilities shall be
in good repair and maintained. in a clean and sanitary
condition. Wet and dry heat rooms, steam or vapor rooms,
or steam and vapor cabinets, shower compartments and
toilet rooms shall be thoroughly cleaned each day the
business is in operation. Bathtubs and showers shall
be thoroughly cleaned after each use. When carpeting
is used on the floors, it shall be kept dry.
9. Oils, creams, lotions or other preparations used in
administering massages shall be kept clean and in
closed containers or cabinets;
10. Eating in the massage work areas shall not be permitted.
Animals, except for seeing -eye dogs, shall not be per-
mitted in the massage work areas;
11. No masseur or masseuse shall administer a massage on a
patron's skin inflamation, or skin eruption, unless a
physician's duly licensed by the State of Illinois cer-
tifies in writing that such person may be safely massaged
on that area.
12. Each masseur and masseuse shall wash his or her hands in
hot running water, using a proper soap or disinfectant
before administering a massage to each patron.
SECTION 11. ADVERTISING
No massage establishment granted a license under the provisions
of this Ordinance shall place, publish or cause to be placed, pub-
lished or distributed any advertising matter that depicts any por-
tion of the human body that would reasonably suggest to prospective
patrons that any services are available other than authorized mas-
sage services.
A
-9-
SECTION 12. INSPECTIONS
The Chief of Police and the Health Officer shall from time to
time and at least twice a year, make an inspection of each es-
tablishment granted a license under the provisions of this Ordi-
nance for the purposes of determining that there is compliance
with the provisions of this Ordinance. Such inspections shall be
made at reasonable times and in a reasonable manner.
SECTION 13. EMPLOYMENT OF PERSON UNDER THE AGE OF EIGHTEEN
(18) PROHIBITED
It shall be unlawful for any owner, proprietor, manager or
other person in charge of any massage establishment to employ any
person who is not at least eighteen (18) years of age.
SECTION 14. IDENTIFICATION CARD
The Village Clerk shall provide each masseur or masseuse granted
a perrait with an identification card which shall contain a photo-
graph of the masseur or masseuse and the full name and permit num-
ber assigned to the said masseur or masseuse, which must be worn
on the front of the outer garment at all times during the hours
of operation of any establishment granted a permit pursuant to
this Ordinance.
SECTION 15. TRANSFER OF PERMITS
No license for the operation of a massage establishment issued
pursuant to the provisions of this Ordinance shall be transferable.
However, upon the death or incapacity of the licensee, the massage
establishment may continue in business for a reasonable period of
time to allow for an orderly transfer of the license, but such
period shall not exceed sixty (60) days.
SECTION 16. DISPLAY OF LICENSE
Every licensee shall display a valid permit in a conspicuous
place within the massage establishment so that the same may be
readily seen by person entering the premises.
SECTION 17. EMPLOYMENT OF MASSEURS AND MASSEUSES
It shall be the responsibility of the licensee for the massage
establishment or the employer of any persons purporting to act as
masseurs and masseuses to insure that each person employed as mas-
seur or masseuse shall first have obtained a valid permit pursuant
to this Ordinance.
-10-
SECTION 18. OUT CALL REGISTRATION
Any masseuse or masseur who provides any of the services listed
in Section 1(a) of this Ordinance at any hotel or motel must first
register his or her name and permit number with the owner, manager,
or person in charge of the hotel or motel.
SECTION 19. OUT CALL SERVICE
No 'but call massage service" may be operated other than by a
licensed massage establishment. All massages performed by an "out
call massage service" must be performed in the manner prescribed
in Section 10.
SECTION 20. TIME LIMIT FOR FILING APPLICATION FOR LICENSE
AND PERMIT
All persons who presently operate a massage establishment or
who are employed as a masseur or masseuse must file for a license
or permit within three (3) months of the effective date of this
Ordinance. Applications for renewal. of permits must be filed not
more than two (2) months nor less than one (1) month prior to ter-
mination of an existing license and permit.
SECTION 21. NON- APPLICABILITY OF THIS ORDINANCE
This Ordinance shall not apply to hospitals, nursing homes,
sanitaria or persons holding an unrevoked certificate to practice
the healing arts under the laws of the State of Illinois, or per-
sons working under the direction of any such persons or in any
such establishments, nor shall this Ordinance apply to barbers
or cosmotologists lawfully carrying out their particular profes-
sion or business and holding a valid, unrevoked license or certi-
ficate of registration issued by the State of Illinois.
SECTION 22. SEVERABILITY
If any section, sub - section, subdivision, paragraph, sentence,
clause or phrase in this Ordinance, or any part thereof, is for
any reason held to be unconstitutional or invalid or ineffective
by any court of competent jurisdiction, such decision shall not
affect the validity or effectiveness of the remaining portions of
this Ordinance or any part thereof.
-11-
'a
SECTION 23. GENERAL PENALTY
A. Any person violating any of the provisions or failing to
comply with any of the mandatory requirements of this Ordinance
is guilty of a misdemeanor. Any person convicted of a misdemeanor
under the ordinances of the Village shall be punished by a fine
not to exceed $500.00.
B. Each such person is guilty of a separate offense for each
and every day during any portion of which any violation of this
Ordinance is committed, continued or permitted by any such per-
son, and he is punishable accordingly.
SECTION 24. ENACTMENT
This Ordinance shall be in full force and effect from and
after its passage, approval and publication according to law.
This Ordinance may be published in pamphlet form.
6 -Rech, Bogart,
AYES: Marienthal, Stone, NAPES: 0 - Hone
Mendenhall, Kande
PASSED: November 6, ,1978.
APPROVED: November 6,
PUBLISHED: November 9, ,1978.
ATTEST: �
V LLAGE LERI:
c
ABSENT: 0 - None
APPROVED:
tiVEl a ,t �
t �% T