2018-07-16 - Ordinance 2018-035 - ADDING CHAPTER 5.45Underlined = addition
June 28, 2018
DM#717901
ORDINANCE NO. 2018 - 035
AN ORDINANCE ADDING CHAPTER 5.45 BODYWORK ESTABLISHMENT TO
THE BUFFALO GROVE 1"i^IUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. The foregoing recital is hereby adopted and incorporated into and made a
part of this Ordinance as if fully set forth herein.
Section 2. Section 1.16.010, Fee Schedule, of the Buffalo Grove Municipal Code is
hereby amended to add the following to the Village of Buffalo Grove Fee Schedule:
Buffalo Grove
Municipal Code Section
5.45.050
5.45.190
Classification
is Bodywork establishment license
y
qpplication fee
Bodywork practitioner's license
Fee
$ 250.00, provided the fee
for licenses issued for
less than a calendar year
shall be prorated for the
period from the date of
issuance to December
31 st of that year.
$250.00, provided the fee
qpplication fee
for licenses issued for
less than a calendar year
shall be . rorated for the
period from the date of
issuance to December
31 st of that year.
Section 3. Chapter 5.45, Bodywork Establishments, is hereby added to the Buffalo
Grove Municipal Code as follows:
Chapter 5.45 —BODYWORK ESTABLISHMENTS
Sections:
5.45.010 - 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 Com iled Statutes 57/1
et se .
B. "Bodywork" or "bodywork therapy" means the manipulation of the human body, by
pressure, touching or otherwise, that does not constitute a massage or massage therapy
as defined by the Act.
C. "Bodywork 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 bodywork.
D. "Bodywork therapist" those engaged in the practice of bodywork
E. "Employee" means any and all persons other than the bodywork therapist, who renders
any service to the licensee who receives compensation directly from the licensee and
who have no )h sical contact with customers and clients.
F. "Health Officer" means an inspecting officer of the Buffalo Grove Health Department.
G. "Massage" or "massage therapy" shall have the meaning described to it in the Act.
H. "Licensee" means the o eratorwor owner of a bodywork establishment.
I. "Person" means any individual, co -partnership, firm, association, joint stock company,
cWoration, limited liability company or combination of individuals of whatever form
or character.
J. "Sexual or genital area" means wthe.genitals pubic area buttocks anus or erineum of
anTerson or the vulva or the breasts of a female.
5.45.020 - 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 bodywork
establishment without first having; obtained a license.
5.45.030 - License —Application for Bodywork Establishment —Filing.
Every applicant for a license to maintain, operate or conduct a bodywork establishment shall
file an application with the Village Clerk.
5.45.040 - License —Application —Information re uired.
The applicant for a license to operate a bodywork establishment shall furnish the following
information:
A. Name (including an alias and address
B. Written proof that the individual is at least eighteen _years of age;
C. All residential addresses for the past threeyears;
D. The business, occupation or employment of the applicant for the four years
immediately preceding the date of the application;
E. The massage, bodywork or similar business license or permit history of the applicant,
i.e., whether such person, in previously operating in this or another village, or city or
state under a license or permit, has had such license or permit revoked or sus ended the
reason therefor, and the business activity or occupation subsequent to such action of
suspension or revocation-
F. All criminal ory Villagev_ordinance violation convictions including forfeiture of bond
and vleadin s 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, or a partner of a partnership is a corporation, the name
of the corporation exactly as shown in its articles of inco )oration•
I. Each applicant shall have his or her fingerprints submitted to the Village for the purpose
of a criminal history records check.
J. A drawing,or written description which adequately describes the space in the buildin g
where the bodywork business of the applicant is to be conducted;
K. The information required above in subsections A through I for the followin
individuals:
1. The operator, manager or owner,
2. Any partner or limited partner of a partnership application,
3. An stockholder of a corporate applicant or a member of a limited liability
company applicant owning in the aggregate ten percent or more of such corporation
or such limited liability company_
L. Proof that each bodywork therapist at the proposed bodywork establishment has a valid
bodywork aractitioner's license from the Village of Buffalo Grove.
5.45.050 - License —Fee.
Every such applicant shall pay a nonrefundable application fee set forth in Chapter 1.16 of
this Code to the Village Clerk.
5.45.060 - License—Transferabilily.
No license for the operation of a bodyEork establishment issued pursuant to the provisions
of this Chapter shall be transferable.
5.45.070 - License —Term.
All bodywork establishment licenses shall terminate on December 31 st of each year.
5.45.080 - Bodywork therapist license —Required.
It is unlawful for any person to practice bodywork on any person or engage in bodes
therapy without being, either i a certified practitioner and member of the American
Organization of Bodywork Therapies of Asia or (ii) approved by a bodywork organization based
on a minimum level of training, demonstration of competency and adherence to ethical standard
set by their governing bodes
5.45.090 - Bodywork therapist license —Display.
Every bodywork establishment licensee shall display a valid bodywork therapist license for
any individual conducting bodywork therapy within the licensed premises; said license shall be
dis lg ed in a conspicuous place within the bod ork establishment so that the same mqy be
readily seen by any person entering the premises.
5.45.100 - License —Revocation or,susfrension.
A._Any suspension or revocation of a bodywork establishment license shall be pursuant „ITto
the suspension, revocation and appeal procedures set forth in Chapter 1.12 of this Code.
B. When any bodywork establishment license is revoked under Subsections 1.12.030.A.1.
A.3. A.6. or A.7. no license shall bg__pr anted to ,any -,,Person for twenty-four months
following the revocation for the conduct of a bod ork establishment in the premises
described in the revoked license.
5.45.110 - Facilijy requirements.
A. No bodywork 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
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establishment complies with each of the following minimum re uirements:
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 bodnvork 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 theeventmale and female patrons are to be served
simultaneously, separate bathing, dressing, locker and bodywork rooms facilities
shall be provided;
4. The premises shall have adequate equipment for disinfecting and sterilizing
nondis osable instruments and materials used in administerinbodywork. Such
nondis osable 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 administerin bodywork. 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. When employees and
atrons 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
rovided__for each twenty or fewer emplo ees or patrons of that sex on the premises
qt..any one time. Urinals ma 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 vrovided with both hot and cold nmping water shall be
installed in either the toilet room or 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.
9. If the premises serves as a both a massage establishment and as a bodywork establishment
then the premises must be partitioned in a manner that separates the areas being used as a
massage establishment from the areas being used as a bodywork establishment.
B. The Healthww Officer shall certify or re oft that _the_�roposed bodywork establishment
complies or does not comply with all the requirements of this Section and shall send
such certification or report to the Village Clerk.
5.45.120 - Operating requirements.
A. Every portion of the bodywork 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 bodyLvork therapists shall be clean and wear clean nontrans arent
outer garments covering their sexual and genital areas. A separate dressing room for
each sex must be available on the premises with individual lockers for each em to ee.
D. All bodork establishments shall be provided withIT 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 bodywork therapist.
F. It is unlawful for any person in a bodywork establishment, knowingly, to place his or
her hand upon, to touch with anyTart of his or her body, to fondle in any manner, or to
massage a sexual or genital area of any other persona
G. No bodywork therapist employee, agent, operator, or any person in a bodes
establishment shall perform offer or agree a to perform any act which would require the
touching of a patron's genital area.
H. All walls ceilings. floors ools showers, bathtubs steam rooms and all other h sical
facilities shall be in good repair and maintained in a clean and sanitary condition. Wet
and d heat rooms steam or vapor rooms or steam and va or cabinets shower
compartments and toilet rooms shall be thorou lily 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 bodywork shall be kept
clean and in closed containers or cabinets.
J. Eating in the bodywork therapy areas shall not be permitted. Animals, except for seeing
eye dogs, shall not be permitted in the bodywork therapy areas.
K. No bodywork therapist shall administer bodywork therapy on a patron's skin
inflammation or skin eruption, unless a physician duly licensed by the State of Illinois
certifies in writing that such person mgy be safely treated on that area.
L. Each bodywork therapist shall wash his or her hands in hot running water, using a proper
soap or disinfectant before administering bodywork therapy to each patron.
M. No portion of the license premises shall be designed, modified, equipped or used as a
residence or for residential purposes. No person shall reside, board or otherwise use a
licensed bodywork establishment as a residence.
5.45.130 - Inspections —Reports.
A. The Village Clerkshall_ issue _nomlicense or license renewal for the conduct o erationor
maintenance of the bodywork establishment proposed in the application until the
following officers after inspection or investiYgation, resort favorable as to the matters
indicated below:
1. Health Officer. The Health Officer shall inspect and report in connection with the
prevention of nuisances andthespread 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 investi ate and report in connection with
the accuracyof the information required in Section 5.45.040 of this Code:
a. The Chief of Police shall report favorably if he finds no substantial
inaccuracies in the information furnished and shall not re ort favorably
investigative findings show substantial inacguracies,
b. The Chief of Police shall not report favorably if investi ative findins 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 the bod ork establishment has been convicted of: i a felon,
'ii an offense involving sexual misconduct with children.,,Aiii _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.
BTUpon receipt of favorable reports from the offices as indicated above the Villa-e Clerk
shall issue a bodywork establishment license to the applicant. Reports shall be submitted
or deemed favorable within thirty days after the applicant's submission of an application.
5.45.140 - Advertising restrictions.
No bodywork establishment granted a license under the provisions of this Chapter shall
place publish distribute depict or cause to be depicted, placed, published, or distributed any
advertising matter that suggests to prospective clients that any services are available other than
those services permitted by this Chapter, or which would suggest that the bodywork
establishment employees are dressed in a manner other than that permillgd_by this Chapter,
5.45.150 - Employment —Bodywork therapists.
It shall be the responsibility of the licensee for the bodywork establishment to insure that
each person employed as a bodywork therapist shall have obtained a valid bodywork
practitioner's license ,from the Village.
5.45.155 - Public nuisance.
Any location used as a bodywork establishment in violation of this Chapter is hereb
declared to be a nuisance.
5.45.160 - Applicability of provisions.
This Chapter shall not apply to hospitals, nursing homes or sanitaria or persons holding an
unrevoked certificate to practice the healingarts under the laws of the State of Illinois.
5.45.170 - Violation —Penalty.
A. AU person violating M provision of this 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 of this Code.
B. Every act or omission of whatsoever nature constituting a violation of any of the
provisions of this Chapter by any licensee, officer, director, manager or other agent,
employee, helper, participant or worker in any of any licensee shall be deemed and
held to be the act of such employer or licensee and such employer or licensee shall be
punishable in the same manner as if such act or omission had been done or omitted b
him or her personally.
5.45.180 - License —Application for Bodywork Practitioner's License —Filing.
Every person seeking a bodywork practitioner's license from the Village of Buffalo Grove
shall make an application with the Village Clerk.
5.45.190 - License —Application for Bodywork Practitioner's License —Information re uired.
A. Any person seeking a bodywork practitioner's license shall provide the following
information to the Village Clerk:
1. The name fmcluding nicknames or aliases and address telephone number, social
security number, driver's license number and age of the applicant.
2. The location where the bod ork therapy will be performed.
3. The bodylvork practitioner's license fee set forth in Chapter 1.16
4. Business, occupation or employment of the applicant for five (5) years immediately
preceding the date of the application.
5. Fingerprints for runningabackground check by the Buffalo Grove Police
Department and an investigation authorization authorizing the Buffalo Grove,
Police Department to conduct a criminal background check and receive reports
from the Illinois State Police the FBI and other law enforcement agencies.
6. Two 2) passport size photographs (1 x 1.5 inches) of the applicant's head and
shoulder area face forward to be used in the investigation of the a licant, the
preparation of a photo identification license card and the identification of the
license holder follow in issuance. Provided in the case of a renewal application,
the Village Clerk may waive the requirement for photographs if the applicant's
photographs are on file and new photo identification permit cards are not to be
issued.
7.,mm Certification from the American Organization for Bodywork Therapies of Asia that
the applicant is a professional member and certifying or approvin the applicant as
a practitioner of bodywork, or if the applicant is approved by another bodywork
or anization based on a minimum level of trainin demonstration of com petency
and adherence to ethical standards set b their body meeting the
following requirements:
a. The applicant has a current certification with the National Certification
Board of Therapeutic Massage and Bodywork;
ork;
b. The applicant has been certified or approved by another body ork
organization that has curriculum in bodywork based on actual classroom
or formal education or based on apprentice hours; or
C. The applicant shall have graduated from a bodywork school or oriental
school of medicine with a minimum of three hundred 300 hours,
curriculum that includes Asian bodywork, Chinese medical theo
anatomyphysiology, and clinical practice, provided such school is
accredited bv the American Organization for Bodywork Thera pies of Asia,
the National Certification Board of Therapeutic Massage and Bod work
or the National Certification Commission for Acu uncture and Oriental
Medicine.
8. The application shall include:
a. The name address telephone number and website address of the
bodywork school;
b. The name of all faculty members of 1he bod ° ork school who_provided
education or training to the applicant including those teachers'
certifications, experience and educational background;
C. A copy of the applicant's transcripts which shall include identification of
all courses takenthe number of hours for those courses a passing grade
for all those courses, a copy of their tuition bill, and proof of payment of
tuition.
d. A copy of the ethical standards of the school.
e. Such other information as may be reasonably required by the Village to
establish the accuracy and legitimacy of the other information provided
pursuant to this Section.
f. The burdens of establishing the minimum a.-lifications shall be on the
applicant.
9. No certification or approval from a bodywork school shall be accepted by the
Villa e Clerk if all or a portion of the credits used for the certification of the
awlicant were earned in a country other than the United States Of America.
10. No bod ork ractitioner's license will be issued until the Villa gq Clerk has
received written verification from the applicant's school that the applicant has
successfully completed the requirements of school's program.
11. If upon investigation, the Village determines that an applicant's licensure or
certification m?ty not be bona fide or that the organization provi ft&the licensure
or certification mav not be bona fide or that the Asian bodywork or anization or
school has not verified the accuracy of the documents required by this Section to be
true and correct, then the Village Clerk may deny the applicant's license.
B. The VillaRe Clerk shall have the right to confirm any, of the information asked for or
provided in the applications.
Section 4. 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 5. Any person violating any portion of this Ordinance shall be punished
according to the provisions of the Buffalo Grove Municipal Code.
Section 6. 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: 6 — Berman Stein Ottenheimer, Weidenfeld Johnson Smith
NAYS: 0 - None
ABSENT: 0 - None
PASSED: July 16, 2018.
APPROVED: July 16, 2018.
PUBLISHED: July 18, 2018.
ATTEST:
Jan-er Sirabian, Village Clerk
D M#717901
June 28, 2018
10
APPROVED:
& A,&& A 6 A
Beverly SussniVi, Village President