CHAPTER 114
MASSAGE ESTABLISHMENTS AND SERVICES
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114.01 Definitions 114.02 Rules and regulations 114.03 Time limit for filing application for permits 114.04 Exemptions
114.20 Permit required 114.21 Filing of application; fee 114.22 Issuance of permit; expiration 114.23 Transfer of permits 114.24 Display of permit 114.25 Revocation or suspension of permit 114.26 Necessary facilities required 114.27 Operating requirements 114.28 Employment of masseurs and masseuses |
114.29 Employment of person under the age of 18 prohibited 114.30 Advertising 114.31 Out-call service 114.32 Inspection of establishment 114.33 Maintaining public nuisance
114.45 Permit required; fee 114.46 Application form 114.47 Issuance of permit 114.48 Identification card 114.49 Revocation of permit 114.50 Out-call registration
114.99 Penalty |
§ 114.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any and all persons other than the masseurs or masseuses, who render any service to the permittee, who receive compensation directly from the permittee, and who have no physical contact with customers and clients.
HEALTH OFFICER. The Director of the Development of Health of the county or his authorized representative.
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 or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT. 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 massage as herein defined.
MASSEUR or MASSEUSE. Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
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.
PERMITTEE. The operator of a massage establishment.
SEXUAL or GENITAL AREA. Includes the genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
(Ord. 1151, passed 4-7-75)
§ 114.02 RULES AND REGULATIONS.
The Chief of Police, the Health Officer, or both officers, may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out the intent of this chapter.
(Ord. 1151, passed 4-7-75)
§ 114.03 TIME LIMIT FOR FILING APPLICATION FOR PERMITS.
All persons who presently operate a massage establishment or who are employed as a masseur or masseuse must file for a permit within (3) three months of the effective date of this chapter. Applications for renewal of permits must be filed not more than two (2) months nor less than one (1) month prior to termination of an existing permit.
(Ord. 1151, passed 4-7-75)
§ 114.04 EXEMPTIONS.
This shall not apply to hospitals, nursing homes, sanitariums, 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.
(Ord. 1151, passed 4-7-75)
§ 114.20 PERMIT REQUIRED.
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 city, the operation of a massage establishment as defined in § 114.01, without first having obtained a permit from the Chief of Police, after approval of the Health Officer.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.21 FILING OF APPLICATION; FEE.
Every applicant for a permit to maintain, operate, or conduct a massage establishment shall file an application in duplicate under oath with the Chief of Police upon a form provided by this Chief of Police and pay a nonrefundable fee of one hundred dollars ($100.00) to the City Treasurer, who shall issue a receipt which shall be attached to the application filed with the Chief of Police.
The Chief of Police shall within five (5) days refer copies of these applications to the Department of Inspections, the Fire Department, the County Department of Health, and the City Planning Department. These departments shall within thirty (30) days inspect the premises proposed to be operated as a massage establishment and make written recommendations to the Chief of Police concerning compliance with the codes that they administer.
Within ten (10) days of receipt of the recommendations of the aforementioned departments, the Chief of Police shall notify the applicant that his application is granted, denied, or held for further investigation. The period of such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the Chief of Police shall advise the applicant in writing whether the application is granted or denied.
Whenever an application is denied or held for further investigation, the Chief of Police shall advise the applicant in writing of the reasons for such action.
The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application or his refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or his refusal to submit or to cooperate with any inspection required by this chapter shall constitute an admission by the applicant that he is ineligible for the permit and shall be grounds for denial thereof by the Chief of Police.
Application for massage establishment.
The application for permit to operate a massage establishment shall set forth the exact nature of the massage to be administered, and the proposed place of business and facilities therefor.
In addition to the foregoing, any applicant for a permit, including any partner or limited partner of a partnership applicant, and any officer, direction of a corporate applicant, and any stockholder holding more than ten percent (10%) of the stock of a corporate applicant, shall furnish the following information:
Name and address.
Written proof that the individual is at least eighteen (18) years of age.
All residential addresses for the past three (3) years.
The applicant's height, weight, color of eyes, and hair.
The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application.
The massage or similar business license history of the applicant; whether this person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
All criminal or city ordinance violation convictions, forfeiture of bonds, and pleadings of nolo contendere on all charges, except minor traffic violations.
A fully completed and executed authorization in such form as may be proscribed from time to time by the City of Washington Chief of Police granting the City of Washington authority to request criminal history and/or conviction information from the Illinois State Police, a properly and fully completed Conviction Information Request form, or such other form as the Illinois State Police may require from time to time, including the applicant's original fingerprint images; and a check made payable to the Illinois State Police to cover the necessary Illinois State Police fees and expenses of processing the conviction information/criminal history background check.
If the applicant is a corporation, or a partner of a partnership is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation.
(Ord. 1151, passed 4-7-75; Am. Ord. 2528, passed 5-3-04)
§ 114.22 ISSUANCE OF PERMIT; EXPIRATION.
Upon receipt of the recommendations of the departments referred to in § 114.21(A) and the certificate of the Health Officer that the establishment is in compliance with all of the requirements of § 114.26, the Chief of Police shall issue a permit to maintain, operate, or conduct a massage establishment, unless he finds:
That the operation, as proposed by the applicant, if permitted, would not have complied with applicable laws, including but not limited to, the building, health, planning, housing, zoning, and fire codes of the city; or
That the applicant and any other person who will be directly or indirectly engaged it the management and operation of a massage establishment has been convicted of:
A felony;
An offense involving sexual misconduct with children; or
Prostitution, soliciting for a prostitute, pandering, keeping a place of prostitution, pimping, or other offense opposed to decency and morality.
The Chief of Police, at his discretion, may issue a permit to any person convicted of any of the crimes in division (A) (2) (a), (b), and (c) of this section if he finds that the conviction occurred at least four (4) years prior to the date of application, the applicant has had no subsequent convictions, and the applicant has shown evidence of rehabilitation sufficient to warrant the public trust.
Every massage establishment permit issued pursuant to this chapter will terminate at the expiration of one (1) year from the date of its issuance, unless it is suspended or revoked sooner.
(Ord. 1151, passed 4-7-75)
§ 114.23 TRANSFER OF PERMITS.
No permit for the operation of a massage establishment issued pursuant to the provisions of this chapter shall be transferable except with the written consent of the Chief of Police and the approval of the Health Officer. However, upon the death or incapacity of the permittee, the massage establishment may continue in business for a reasonable period of time to allow for an orderly transfer of the permit.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.24 DISPLAY OF PERMIT.
Every permittee shall display a valid permit in a conspicuous place within the massage establishment so that the same may be readily seen by persons entering the premises.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.25 REVOCATION OR SUSPENSION OF PERMIT.
Any permit issued for a massage establishment may be revoked or suspended by the Chief of Police after a hearing for good cause or in any case where any of the provisions of this chapter are violated or any employee of the permittee, including a masseur or masseuse, is engaged in any conduct at permittee's place of business, which violates any of the provisions of this chapter or any state law which provides for imprisonment, and the permittee has actual or constructive knowledge of such violations or the permittee should have actual or constructive knowledge by due diligence, or where any applicant has made a false statement on an application for a permit under this chapter or in any case where the permittee or licensee refuses to permit any duly authorized police officer or Health Inspector of the county to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the Chief of Police, after hearing upon the recommendations of the Health Officer that such business is being managed, conducted, or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene.
Any violation of this chapter by any employee of the permittee including a masseur or masseuse shall be cause for suspension of the permit for not more than thirty (30) days in the first instance. Any subsequent violation by any employee of the permittee, including a masseur or masseuse, shall be cause for suspension or revocation of this permit.
The Chief of Police, before revoking or suspending any permit, shall give the permittee at least ten (10) days written notice of the charges against him and the opportunity for a public hearing before the Chief of Police, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
(Ord. 1151, passed 4-7-75)
§ 114.26 NECESSARY FACILITIES REQUIRED.
No massage establishment shall be issued a permit, nor be operated, established, or maintained in the city unless an inspection by the Health Officer reveals that the establishment complies with each of the following minimum requirements:
Construction of room 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 city.
All massage tables, bathtubs, shower stalls, steam or bath areas, and floor shall have surfaces which may be readily disinfected.
Adequate bathing, dressing, locker, and toilet 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, toilet, and massage room facilities shall be provided. Separate toilet and lavatory facilities shall be maintained for personnel.
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 person.
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.
Toilet facilities shall be provided in convenient locations. When five (5) or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of the 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.
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.
The premises shall be equipped with a service sink for custodial service.
The Health Officer shall certify that the proposed massage establishment complies with all the requirements of this section and shall send such certification to the Chief of Police.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.27 OPERATING REQUIREMENTS.
Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
Price rates for all services shall be prominently posted in the reception room in a location available to all prospective customers.
All employees, including masseurs and masseuses, shall be clean and wear clean, nontransparent outer garments, use of which garments is restricted to the massage establishment. These garments shall cover the sexual and genital areas. A separate dressing room for each sex must be available on the premises with individual locker for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
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.
The sexual or genital area of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee, masseur, or masseuse.
It shall be unlawful for any person, in a massage establishment, to place his hand upon, to touch with any part of his body, to fondle in any manner, or to massage, a sexual or genital area of any person.
No masseur or masseuse, employee, or operator shall perform, offer, or agree to perform any act which would require the touching of the patron's genital area.
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 or 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.
Oils, creams, lotions, or other preparations used in administering massages shall be kept in clean, closed containers or cabinets.
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.
No masseur or masseuse shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation, or skin eruption, unless a physician duly licensed by the state certifies in writing that such person may be safely massaged prescribing the conditions thereof.
Each masseur or masseuse shall wash his hands in hot running water, using a proper soap or disinfectant before administering a massage to each patron.
(Ord. 1151, passed 4-7-75)Penalty, see § 114.99
§ 114.28 EMPLOYMENT OF MASSEURS AND MASSEUSES.
It shall be the responsibility of the permittee for the massage establishment or the employer of any persons purporting to act as masseurs and masseuses to insure that each person employed as a masseur or masseuse shall first have obtained a valid permit pursuant to this chapter.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.29 EMPLOYMENT OF PERSON UNDER THE AGE OF 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.
(Ord. 1151, passed 4-7-75)Penalty, see § 114.99
§ 114.30 ADVERTISING.
No massage establishment granted a permit under provisions of this chapter shall place, publish, or distribute, 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 those services described in § 114.01, or that employees, masseurs, or masseuses are dressed in any manner other than prescribed in § 114.27, nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services described in § 114.01.
(Ord. 1151, passed 4-7-75)
§ 114.31 OUT-CALL SERVICE.
No out-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 §§ 114.01 and 114.27.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.32 INSPECTION OF ESTABLISHMENT.
The Police Department and the Department of Health shall from time to time and at least twice a year, make an inspection of each massage establishment granted a permit under the provisions of this chapter for the purposes of determining that the provisions of this chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.33 MAINTAINING PUBLIC NUISANCE.
Any building used as a massage establishment in violation of this chapter with the intentional, knowing, reckless, or negligent permission of the owner thereof, or the agent of the owner managing the building, together with all fixtures and other property used in violation of this chapter are hereby declared to be a nuisance.
(Ord. 1151, passed 4-7-75)
§ 114.45 PERMIT REQUIRED; FEE.
Any person, including an applicant for massage establishment permit, who engages in the practice of massage as herein defined, shall file an application for a masseur or masseuse permit with the Chief of Police upon a form provided by this Chief of Police and shall pay a nonrefundable filing fee of twenty five dollars ($25.00) for an original application and ten dollars ($10.00) for a renewal application, to the City Treasurer, who shall issue a receipt which shall be attached to the application filed with the Chief of Police.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.46 APPLICATION FORM.
The application for a masseur or masseuse permit shall contain the following:
Name and residence address.
Social security number and driver's license number, if any.
Applicant's weight, height, color of hair, and eyes.
Written evidence that the applicant is at least eighteen (18) years of age.
Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application.
Whether the applicant has ever been convicted of, pleaded nolo contendere to, or suffered a forfeiture on a bond charge of committing any crime except minor traffic violations. If the answer is in the affirmative, a statement must be made giving the place and the court in which such conviction, plea, or forfeiture was had, the specific charge under which the conviction, plea, or forfeiture was obtained, and the sentence imposed as a result thereof.
The Chief of Police, or his delegate, shall have the right to take fingerprints and a photograph of the applicant and the right to confirm the information submitted.
Persons desiring to perform the services of a masseur or masseuse at a massage establishment, shall first undergo a physical examination for contagious and communicable diseases, including a recognized blood test for syphilis, a culture for gonorrhea, and a test 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 necessitated by the above examination. The Health Officer shall be furnished a certificate based upon the applicant's physical examination and issued within thirty (30) days of the examination, signed by a physician duly licensed by the state and stating that the person examined is either free from any contagious or communicable disease or incapable of communicating any of the diseases to others. Persons undergoing the physical examination referred to above must submit to the Health Officer the certificate required herein prior to commencement of their employment and at least once every twelve (12) months thereafter.
(Ord. 1151, passed 4-7-75)
§ 114.47 ISSUANCE OF PERMIT.
The Chief of Police may issue a masseur or masseuse permit within twenty one (21) days following application, unless he finds that the applicant for masseur or masseuse permit has been convicted of:
A felony;
An offense involving sexual misconduct with children; or
Keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution, or pandering.
The Chief of Police, in his discretion, may issue a permit to any person convicted of such crimes if he finds that such conviction occurred at least four (4) years prior to the date of the application and the applicant has had no subsequent convictions.
Every masseur or masseuse permit issued pursuant to this chapter shall terminate at expiration of one (1) year from the date of its issuance, unless sooner suspended.
(Ord. 1151, passed 4-7-75)
§ 114.48 IDENTIFICATION CARD.
The Chief of Police shall provide each masseur or masseuse granted a permit with an identification card which shall contain a photograph of the masseur or masseuse and the full name and permit number assigned to the masseur or masseuse, which must be worn on the front of the outermost garment at all times during the hours of operation of any establishment granted a permit pursuant to this chapter.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.49 REVOCATION OF PERMIT.
A masseur or masseuse permit issued by the Chief of Police shall be revoked or suspended where it appears that the masseur or masseuse has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this chapter.
The Chief of Police in revoking or suspending a masseur or masseuse permit shall give the permit holder a written notice specifying the grounds therefor. This person may within ten (10) days of the revocation or suspension, file a written request with the Chief of Police for a public hearing before the Chief of Police, at which time the masseur or masseuse may present evidence bearing upon the question. The decision of the Chief of Police upon such hearing shall be a final, appealable order.
(Ord. 1151, passed 4-7-75)
§ 114.50 OUT-CALL REGISTRATION.
Any masseur or masseuse who provides any of the services listed in § 114.01 at any hotel or motel must first register his name and permit number with the owner, manager, or person in charge of the hotel or motel.
(Ord. 1151, passed 4-7-75) Penalty, see § 114.99
§ 114.99 PENALTY.
Every person except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator, or employee of the operator, or whether acting as a participant or worker in any way, who gives massages or conducts a massage establishment without first obtaining a permit and paying a license fee to do so from the city, or shall violate any of the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction, such person shall be punished by a fine not to exceed five hundred dollars ($500.00).
(Ord. 1151, passed 4-7-75)