2015-08-03 - Ordinance 2015-040 - AMENDING CHAPTER 1.04, CHAPTER 1.12, AND CHAPTER 5.44 Underlined= addition
Striket4wotth=deletion
6/25/2015A
#103172
ORDINANCE NO. 2015 —40
AN ORDINANCE AMENDING CHAPER 1.04, GENERAL PROVISIONS,
CHAPTER 1.12, SUSPENSION AND REVOCATION OF LICENSES AND PERMITS,
AND CHAPTER 5.44, MASSAGE ESTABLISHMENTS,
OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule it pursuant to the Illinois
Constitution of 1970.
NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. Subsection J. of Section 1.04.010, Definitions, of the Village of Buffalo
Grove Municipal Code, is amended to provide as follows:
1.04.020 - Definitions.
"Person" includes a natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business, trust, organization, limited liability
company or comhingtinn of individiml-, of whatever form or character, or
h the manager,
lessee, agent, servant, officer or employee of any of the
Section 2. Section 1.12.030, Revocation, of the Village of Buffalo Grove Municipal
Code, is amended to provide as follows:
1.12.030 - Revocation.
A. Licenses and permits issued byte Village may be revoked by the Village President,
or designated representative, after notice and hearing as provided in this Chapter for any
oft e following causes:
1. Any fraud, misrepresentation, or false statement contained in the application
for the license-,
2. Any violation by the licensee of the provisions relating to the license, the
subject matter of the license, or to the premises occupied;
3. Conviction of the licensee of any felony or of a misdemeanor when such
conviction indicates an inability t o o perate a safe, honest or legitimate business operation;
4. Failure of the licensee to pay any fine or penalty owing to the Village.
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5. Failure of the licensee to pay any amount owing to the Village, other than a
fine or a penalty, within one hundred twenty days of its due date;
6. Refusal to pen-nit inspection or investigation or, take sample or interference
with an authorized Village officer or employee while in making inspection or
investigations-,
7. When the conduct of the business constitutes a nuisance or a clear and present
danger to the public health, safety or general welfare-,
8. Any violation of the zoning regulations or management and safety plan
pertaining to the premises; of
9. The licensee or the business is not in compliance with any provision of the
Buffalo Grove Municipal Code, state or federal laws, rules or regulations-, or
10. For other good and sufficient cause.
B. Any revocation shall not preclude prosecution and imposition of any other penalties
for the violation of other Village ordinances.
Section 3. Section 5.44.120, Operating requirements, of the Village of Buffalo Grove
Municipal Code, is amended to provide as follows:
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 gannents, 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.
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G. No massage therapist, employeeaoctit or-operator, or aiiv person m a massage
establishment 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, stearn 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 pen-nitted 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 byte 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.
M. No Dortion of the license nremises shall be designed, modified. eamoned or use as a
residence or for residential purposes. No persoii shall reside, boar(i, or other-WiSC use a
licensed massajgc establishment as a residence.
Section 4. Section 5.44.140, Advertising restrictions, of the Village of Buffalo Grove
Municipal Code, is amended to provide as follows-
5.44.140 - Advertising restrictions.
No massa2e establishment aranted a license under the provisions of this Chanter shall
Rlace, publish, distribUtc, depict or CaLlSe to be depicted, placed, published, or distributed
atiy_aLivcrtisiiig matter that SLIgge ,Lsts to prosvcctive clients that any services are available
other than those services Dermitted by this Chapter. or which would suggest that massaac
cqtablislimeirt employees are dressed in a manner other than that permitted by this
Chapter.
-.RsSage establislilneiit gtunted a keeme un(,jer- the pfovisioiis (4 thi . 1(111apler--s'
.1isli oi- cause to be a adve t4k,4
Elepiet's, ally pot4ion of 19- 1-1111jF44a4--w-*w4� -- s !iahly suggest to prospectiv
pa4folls that H!I -&"-j-4C�- Ze a 1.1 11 1 64,
-M-asslage serwiee,,-
Section 5 Section 5.44.155, Public nuisance, is hereby added tote Village of Buffalo
Grove Municipal Code, to provide as follows-
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.I -Public nuisance.
Any locatioii used as a inass;kge establishment in violation of this Chapter isjiereby
declared to be a nuisance.
Section 6 Section 5.44.170, Violation-Penalty, of the Village of Buffalo Grove
Municipal Code, is amended to provide as follows-
5.44.170 - Violation—Penalty.
A. Any person violating any provision oft is Chapter shall be punished as provided for
in Chapter 1.08 of this Code. In addition, any person violating any provision of this
Chapter shall be subject to the provisions of Chapter 1.12 oft is Code.
B. Every act or omission of whatsoever nature constitutiiig a violation of an of the
nrnuiQinnQ of this Chant,-r Nxi qnx7 li(-,- c!ip A;
ULneCtor, manager or other a-.---
emolovee. helDer, narticiDant or worker in any way of any licensee s_all be deemed and
held to be the act of such employer or licensee and such emolover or licensee shall be
punishable ig the same niaiiiier as if such act or omission had bee_n done or olilitted
him or her personally.
Section 7. 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 8. 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: 5 -Trillina, Stein, Ottenheimer, Weidenfidd, Johnson
NAYES: 0 - one
ABSENT: I - Berman
PASSED: Auggst 3, 2015.
APPROVED: August 3, 2015.
PUBLISHED: August 4, 2015,
APPROVED:
Beverly kiss an, Village President
ATTEST:
Janet Sl'rabian, Village Clerk
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