HomeMy WebLinkAboutOrdinances - 23-47 - 09/05/2023 - Massage Establishments CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 23-47
Amending Title 4, Chapter 3: Adult Businesses and Uses, Article C:
Massage Establishments and Massage Therapists
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
September 5, 2023
Published in pamphlet form by authority of the Mayor and City Council of the City
of P'IcHenry, McHenry County, Illinois this 6th day of September 2023
ORDINANCE NO. 23-47
Amending Title 4, Chapter 3: Adult Businesses and Uses, Article C: Massage
Establishments and Massage Therapists
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated uncer Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this
Ordinance constitutes an exercise ofthe City's home rule powers and functions as granted in the Constitution
of the State of Illinois.
NOW,THEREFORE BE IT ORDAINED bythe City Council ofthe City ofMcHenry, McHenry
County, Illinois, as follows:
SECTION 1: Section 4-3C-3: Exemptions to Licensing, of the Municipal Code, shall be amended
to read as follows:
4-3C-3: EXEMPTIONS TO LICENSING:
The licensing requirements of this article shall not be applicable to:
A. Hospitals, nursing homes and persons holding an unrevoked certificate to practice the healing arts under
the laws of the Illinois Department of Professional Regulation, including, but not limited to, chiropractors,
naprapaths, nurses, occupational therapists, physical therapists and physicians.
B. Any barber, cosmetologist or nail technician lawfully carrying on their respective business to the extent
authorized under a valid unrevoked license or certificate or registration issued by the State; provided, this
exemption is only ilitended to permit normal and customary barber, cosmetologist or nail technician services
which involve incidental physical contact, such as scalp rubs and facials, which otherwise qualify as massage
activities. This exernption is not intended to include, and does not permit, general massage activities as part of
any barber, cosmetc�logist or nail technician business beyond that authorized by the State license or .
certification.
C. Any State registered athletic trainer who administers such athletic related massage in the normal course
of training duties.
D. Where massage services are actually performed at the patron's premises, including the patron's place of
business or residence, a massage therapy clinic license shall not be required for such patron's premises.
However, a massage therapist's license shall be required for the massage therapist performing massage
activities in such patron's premises.
SECTION 2: Section 4-3C: Application for Massage Therapy Clinic License, of the Municipal
Code, shall be amended to renumber section 4-3C-16:Penalty to 4-3C-17:Penalty.
SECTION 3: Section 4-3C: Application for Massage Therapy Clinic License, of the Municipal
Code, shall be amended by adding Section 4-3C-16: Massage Therapists, as follows:
4-3G16 MASSAGE THERAPISTS:
A. Employment of Massage Therapists: No person shall employ as a massage therapist any
person unless said person is a properly licensed massage therapist pursuant to Illinois law
and the Massage Licensing Act, 225 ILCS 57/1 et seq. A copy ofeach therapist license shall
be submitted to the City of McHenry with the initial licensing application and each time a new
therapist is employed thereafter.
B. Display of License: The massage business license and the massage therapy license of each and
every licensed massage therapist employed in the massage establishment shall be displayed in
an open and conspicuous place in the massage establishment or available upon request.
SECTION 3: If any section,paragraph,subdivision,clause,sentence or provision ofthis Ordinance
shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect,impair,
invalidateornullifytheremainderthereof,whichremaindershallremainand continue in full force and effect.
SECTION 4: All ordinances,or parts thereof,in conflict herewith are hereby repealed to the extent
of such conflict.
SECTION 5: This ordinance shall be published in pamphlet form by and under the authority of
the corporate authorities of the City of McHenry, Illinois.
SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication, as provided by law.
Passed this Sth day of September 2023.
AXes Nays Absent Abstain
Alderwoman Bassi x_
Alderman Glab ?c_
Alderman Koch X_
Alderman McClatchey x
Alderwoman Miller x
Alderman Santi x
Alderman Strach X
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Wayne e ,M yor Monte Johnso , eputy City Clerk