HomeMy WebLinkAboutOrdinances - MC-01-767 - 02/14/2001 - Ch 4 and Ch 30 Adult UsesORDINANCE NO. MC-01-767
AN ORDINANCE AMENDING CHAPTER 4, ALCOHOLIC BEVERAGES,
AND ADDING CHAPTER 30, REGULATION OF ADULT USES,
TO THE CITY OF MCHENRY MUNICIPAL CODE
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry
County, Illinois, as follows:
SECTION 1: That Sections 4-30 and 4-31 of the City of McHenry Municipal Code
shall be renumbered as Sections 4-31 and 4-32, respectively, and Section 4-30 shall read
as follows:
4-30 Prohibitions.
(A) It shall be unlawful for any person maintaining„ owning or operating a
commercial establishment located within the City, at which alcoholic beverages are offered
for sale for consumption on the premises, to permit or allow the following activity to be
conducted on the premises of such a commercial establishment, all of which activity is
defined in Article 1 of Chapter 30 of this Code: adult business; adult entertainment center;
adults -only activity, bookstore, motion picture theater(s), adult -only sauna; nudity; obscene
activity; rap parlor; sadomasochistic activity; or sexual conduct activity.
(B) It shall be unlawful for any establishment defined as an adult business pursuant
to the City of McHenry Zoning Ordinance to sell, distribute or permit beer or alcoholic
beverages on the premises.
SECTION 2: That Section 14-53, Massage and bath parlors: Physical contact with
persons of opposite sex, of the City of McHenry Municipal Code shall be repealed and that
section number reserved.
SECTION 3: That the City of McHenry Municipal Code shall be amended to add
Chapter 30, Regulation of Adult Uses, attached hereto and made a part hereof.
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of
this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such
Municipal Code Amendment, Page 1
judgment shall not affect, impair, invalidate or nullify the remainder thereof, which
remainder shall remain and continue in full force and effect.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: This Ordinance shall be in full force and effect upon its passage,
approval and publication in pamphlet form (which publication is hereby authorized) as
provided by law.
PASSED THIS 14TH DAY OF FEBRUARY , 2001
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
CITY CLERK
BOLGER, GLAB, MCCALTCHEY, MURGATROYD.
NONE.
BAIRD.
NONE.
14TH DAY OF FEBRUARY
:2001
9 L�
AYO
Municipal Code Amendment, Page 2'
CHAPTER 30
ADULT USES
ARTICLE 1. DEFINITIONS
Sec. 30-1 Definitions.
Terms used in this Chapter 30, whether capitalized or not, shall have the following
meanings:
Adult business: Any establishment having as a substantial or significant portion of its
stock in trade or business activity in a use such as, but not limited to the following:
adults -only bookstores, adults -only motion picture theater(s)s, adult entertainment
centers, rap parlors, adults -only nightclubs or adults -only saunas, where explicit sexual
conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or
tolerated.
Adult entertainment business: Synonymous with "adult business" as defined herein.
Adult entertainment center: An enclosed building or part of an enclosed building, which
contains one or more coin -operated mechanisms which when activated permit a
customer to view a live person nude or in such attire, costume or clothing as to expose
to view the human male or female genitalia; pubic hair; buttocks; perineum; anal or
pubic regions; or, female breast, at or below the areola thereof. In addition, the viewing
of a live person, in the above described manner, after paying of any admission or fee for
the viewing of same activity.
Adults -only: Any items or activities emphasizing, depicting, describing or relating to
nudity, explicit sexual conduct (whether auto -erotic, heterosexual, homosexual or
otherwise), bestiality or sadomasochistic activity.
Adults -only bookstore: An adults -only establishment having as a substantial or
significant portion of its stock in trade, books, magazines, films for sale or viewing on
premises by use of motion picture devices or other coin -operated means, and other
periodicals which are distinguished or characterized by their principal emphasis on
matters depicting, describing or relating to nudity, explicit sexual conduct (whether auto -
erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity.
An establishment, having adults -only items as a substantial or significant portion of its
stock, that sells or displays adults -only items for sale to patrons therein.
Adults -only motion picture theater: An enclosed building used regularly and routinely for
presenting adults -only material distinguished or characterized by an emphasis on matter
depicting, describing or relating to nudity, explicit sexual conduct (whether auto -erotic,
heterosexual, homosexual or otherwise), bestiality or sadomasochistic activity, for
observation by patron therein.
Chapter 30, Page 1
Adults -only nightclub: An establishment or place either occasionally or primarily in the
business of featuring topless dancers, go-go dancers, exotic dancers, strippers, male or
female impersonators or similar entertainers, where explicit sexual conduct is depicted
an/or sexual activity is explicitly or implicitly encouraged or tolerated.
Adults -only sauna: An establishment or place primarily in the business of providing a
steam bath and/or massage services, where explicit sexual conduct is depicted and/or
sexual activity is explicitly or implicitly encouraged or tolerated.
Booth: Any enclosure that is specifically offered to patrons of an Adult Business for the
private viewing of any adults -only item or movie. Said definition does not include
enclosures that are used as private offices by any operator, employee or agent for
attending to the tasks of their employment and are not offered for use by the public.
Breast: A portion of the human female mammary gland (commonly referred to as the
female breast) including the nipple and areola (the darker colored area of the breast
surrounding the nipple) and an outside area of such gland wherein such outside area is
(i) reasonably compact and contiguous to the areola and (ii) contains at least the nipple
and the areola and one-fourth of the outside surface area of such gland.
Buttocks: The area at the rear of the human body (sometimes referred to as the gluteus
maximus) which lies between two imaginary straight lines running parallel to the ground
when a Person is standing, the first or top such line being one-half inch below the top of
the vertical cleavage of the nates (i.e., the prominence formed by the muscles running
from the back of the hip to the back of the leg) and the second or bottom such line being
one-half inch above the lowest point of the curvature of the fleshly protuberance
(sometimes referred to as the gluteal fold), and between two imaginary straight lines,
one on each side of the body (the 'outside lines"), which outside lines are perpendicular
to the ground and to the horizontal lines described above and which perpendicular
outside lines pass through the outermost point(s) at which each nate meets the outer
side of each leg. Notwithstanding the above, buttocks shall not include the leg, the
hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the
above -described portion .of the human body that is between either (i) the left outside
perpendicular line and the left outside perpendicular line or (ii) the right inside
perpendicular line and the right outside perpendicular line. For the purpose of the
previous sentence the left inside perpendicular line shall be an imaginary straight line on
the left side of the anus (i) that is perpendicular to the ground and to the horizontal lines
described above and (ii) that is one-third of the distance from the anus to the right
outside line. (The above description can generally be described as covering one-third
of the buttocks centered over the cleavage for the length of the cleavage.)
Cubicle: Synonymous with "booth" as defined herein.
Door: Full, complete, non -transparent closure device that obscures the view or activity
taking place within the enclosure.
Chapter 30, Page 2
Entity: For purposes of Article 4 herein, any proprietorship, partnership, corporation,
association, business trust, joint venture, joint-stock company or other for profit and/or
not for profit organization.
Massage therapist: Any person who, for any consideration whatsoever, engages in the
practice of therapeutic massage as defined herein, and who provides proof of two of the
following:
1. Proof of active membership in a professional massage therapy organization as
defined herein.
2. Graduation and completion of a professional entry level massage therapy
program consisting of a minimum of 500 hours of in -classroom study and a
minimum of 100 hours of clinical experience in a recognized school as defined
herein.
3. Passing of the National Certification Examination for Therapeutic Massage and
Bodywork (NCETMB) administered by the National Certification Board for
Therapeutic Massage and Bodywork, as approved by the National Commission
for Certifying Agencies (NCCA), the National Organization for Competency
Assurance (NOCA) or any examination exhibiting proficiency in massage
therapy/bodywork approved by the State of Illinois or a federal certifying agency.
Massage therapy clinic: Any place of business having a source of income or
compensation derived from the practice of therapeutic massage as defined herein
where a licensed massage therapist administers therapeutic massage or from where a
massage therapist is dispatched to administer therapeutic massage as defined herein.
A massage therapy clinic may be located within a massage therapist's home, provided it
is in compliance with the terms of Article 3 herein and other ordinances of the City.
Nightclub: An establishment serving food and/or liquor and providing music and space
for dancing by patrons only. A nightclub shall not include an "Adult Business."
Nude: Any person insufficiently clothed in any manner so that any of the following body
parts are not entirely covered with a fully opaque covering:
1. The male or female genitals, or
2. The male or female pubic area, or
3. The female Breast, or
4. The Buttocks. Attire which is insufficient to comply with this requirement
includes, but is not limited to, G-Strings, T-Backs, and thongs.
Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances
shall not be considered opaque covering. Each female person may determine which
one-fourth of her breast surface area (see definition of breast) contiguous to and
containing the nipple and the areola is to be covered.
Chapter 30, Page 3
Nudity: The display of the human male or female genitalia; pubic hair; buttocks;
perineum; anal or pubic regions; female breast, at or below the areola thereof, with no
covering or with a less than fully opaque covering; or, male genitalia, in a discernible
turgid state, with or without covering.
Obscene: Any material or performance is obscene if: (1) the average person, applying
contemporary adult community standards, would find that, taken as a whole, it appeals
to the prurient interest; and (2) the average person, applying contemporary adult
community standards, would find that it depicts or describes, in a patently offensive
way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted,
actual or simulated, or masturbation, excretory functions or lewd exhibition of the
genitals; and (3) taken as a whole, it lacks serious literary, artistic, political or scientific
value. [Statutory Reference: 720 ILCS 5/11-20]
Operator: For purposes of an Adult Business, as defined herein, any person, (whether
said persons be an individual, partner, corporation, joint stock company, fiduciary,
officer, director, stockholder, employee, or manager), which conducts, maintains or
owns any Adult Business.
Patron: For purposes of an Adult Business, as defined herein, any customer, patron or
visitor to an Adult Business who is not employed by any operator of said establishment.
Patron: For purposes of Article 3 herein, any person who receives a massage under
such circumstances that it is reasonably expected that he or she will pay money or give
other consideration therefor.
Person: For purposes of Article 4 herein, any live human being aged 10 years of age or
older.
Places provided or set apart for nudity: Shall mean enclosed single sex public
restrooms, enclosed single sex functional shower, locker and/or dressing room facilities,
enclosed motel rooms and hotel rooms designed and intended for sleeping accommo-
dations, doctor's offices, portions of hospitals, and similar places in which nudity or
exposure is necessarily and customarily expected outside of the home and the sphere
of privacy constitutionally protected therein. This term shall not be deemed to include
places where a person's conduct of being nude is used for the promotion of business or
is otherwise commercially exploited.
Professional massage therapy organization: An organization comprised of individuals
who have graduated from a recognized school, as defined herein, and which is member
owned and operated, i.e., its members elect the Board of Directors. Such organizations
include, but are not limited to Rolf, Trager, APTA, HPA, IMF, AOBTA and IMTA.
Public place: Any location frequented by the public, or where the public is present or
likely to be present, or where a person may reasonably be expected to be observed by
Chapter 30, Page 4
members of the public. Public places include, but are not limited to, streets, sidewalks,
parks, beaches, business and commercial establishments (whether for profit or not for
profit and whether open to the public at large or where entrance is limited by cover
charge or membership requirement); bottle clubs; hotels; motels; restaurants; night
clubs; country clubs; cabarets; meeting facilities utilized by any religious, social,
fraternal or similar organization. A premises, or portion thereof such as a hotel room,
used solely as a private residence, whether permanent or temporary in nature, shall not
be deemed to be a public place.
Rap parlor: An establishment or place primarily in the business of providing non-
professional conversation or similar services for adults, where explicit sexual conduct is
depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
Recognized school: A school or educational institution which meets at least one of the
following requirements:
1. A approved school operating according to state regulations which has a current
State license, approval or accreditation and/or certification and provides an entry
level massage training program of a minimum of 500 hours of in -class work
completed under the physical supervision of faculty; or
2. A massage school program accredited and/or approved by the Commission on
Massage Training/Approval and Accreditation (COMTAA).
Schools offering correspondence courses and not requiring actual in -class attendance
are not considered recognized schools.
Room: Synonymous with "booth" as defined herein.
Sadomasochistic activity: Flagellation or torture by or upon a nude person; a person
clad in undergarments, a mask or bizarre costume. In addition, the condition of being
fettered, bound or otherwise physically restrained with the intent to stimulate or arouse
sexually the initiator and/or the recipient.
Sell: Includes to solicit or receive an order for, to keep or expose for sale and to keep
with intent to sell.
Sexual or genital: The term sexual or genital area is defined including the genitals,
pubic area, anus, or perineum of any person, or the vulva or breasts of a female.
Sexual conduct: Ultimate sex acts (whether auto -erotic, heterosexual, homosexual or
otherwise), bestiality or sadomasochistic activity. In addition, physical contact, intended
to stimulate or arouse sexually the initiator and/or the recipient, with a person's
unclothed genitalia, buttocks, perineum, anal or pubic regions, or female breast.
Chapter 30, Page 5
Therapeutic massage: Scientific health care, health maintenance and rehabilitation
techniques applied to a client by a trained and professionally licensed massage
therapist for the purpose of causing increased circulation throughout the body, ridding
the body of waste products and/or toxins, inducing relaxation, easing mental and
physical tension, alleviating aches and pains, and the break up of fatty tissues,
adhesions, scar tissue and muscle spasm, and releasing the body's endorphins. Such
techniques are provided under circumstances where it is reasonably expected that the
client, or a third party acting on the client's behalf, will pay money or give other
consideration therefore.
Therapeutic massage may include but is not limited to joint mobilization techniques,
stretches, effleurage (stroking), petrissage (kneading), tapotement (percussion),
compression, vibration, friction, nerve strokes and any reasonable method of pressure
on the external soft parts of the body with the hands, elbows or forearms, or with the aid
of any mechanical or electrical apparatus or appliances, with or without rubbing alcohol,
liniments, antiseptics, oils, power, creams, lotions, ointments or other similar
preparations commonly used in this practice. Therapeutic massage does not diagnose
or treat classified diseases, practice spinal manipulation or prescribe medicine or drugs.
Underage: Any person under 18 years of age, the legally minimum age at which one
can purchase or view adults -only items. (Statutory Reference: 720 ILCS 5/11-20)
Wall sign: Any flat sign which is placed against a building or other structure and
attached thereto in such manner that only one side is visible.
ARTICLE 2. ADULT BUSINESS LICENSE
30-2 Adult Business License Required.
(A) Except as provided in Section 30-2(D) herein, from and after the effective
date of this Chapter 30, no adult business shall be operated or maintained in the City
without first obtaining a license to operate issued by the City.
(B) A license may be issued only for one adult business located at a fixed and
certain place. Any person, partnership or corporation which desires to operate more
than one adult business must have a license for each.
(C) No license or interest in a license may be transferred to any person,
partnership or corporation.
(D) All adult businesses existing at the time of the passage of this Chapter 30
must submit an application for a license within 90 days of the passage of this Chapter
30. If an application is not received within said 90 day period, then such existing adult
business shall cease operations.
30-3 Application for License.
Chapter 30, Page 6
(A) Any person, partnership or corporation desiring to secure a license shall
make application to the City Administrator. The application shall be filed in triplicate
with and dated by the City Administrator. A copy of the application shall be distributed
promptly to the Police Department.
(B) The application for a license shall be upon a form provided by the City. An
applicant for a license, which shall include all partners or, limited partners of a
partnership applicant, and all officers or directors of a corporate applicant and all
stockholders holding more than five percent of the stock of a corporate applicant or any
other person who is interested directly in the ownership or operation of the business,
shall furnish the following information under oath:
(1) Name and address, including all aliases.
(2) Written proof that the individual is at least 18 years of age.
(3) All residential addresses of the applicant for the past 10 years.
(4) The applicant's height, weight, color of eyes and hair.
(5) The business, occupation or employment of the applicant for 10
years immediately preceding the date of application.
(6) Whether the applicant previously operated in this or any other
county, city or state under an Adult business license or similar
business license; whether the applicant has ever had such a
license revoked or suspended, the reason therefor, and the
business entity or trade name under which the applicant operated
that was subject to the suspension or revocation.
(7) All criminal statutes, whether federal or state, or City ordinance
violation convictions, forfeiture of bond and pleadings of nolo
contendere on all charges, except minor traffic violations.
(8) Fingerprints and two portrait photographs at least two inches by two
inches of the applicant.
(9) The address of the Adult business establishment to be operated by
the applicant.
(10) If the applicant is a corporation, the application shall specify the
name of the corporation, the date and state of incorporation, the
name and address of the registered agent.
Chapter 30, Page 7
(C) Within 21 days of receiving an application for a license the City
Administrator shall notify the applicant whether the application is granted or denied.
(D) Whenever an application is denied, the City Administrator shall advise the
applicant in writing of the reasons for such action. If the applicant requests a hearing
within 10 days of receipt of notification of denial, a public hearing shall be held within 10
days thereafter before the City Council, as hereinafter provided.
(E) Failure or refusal of the applicant to give any information relevant to the
investigation of the application or his or her refusal or failure to appear at any
reasonable time and place for examination under oath regarding said application or his
or her refusal to submit to or cooperate with any investigation required by this
ordinance, shall constitute an admission by the applicant that he or she is ineligible for
such license and shall be grounds for denial thereof by the City Administrator.
30-4 Standards for Issuance of License.
(A) To receive a license to operate an adult business, an applicant must meet
the following standards:
(1) If the applicant is an individual:
(a) The applicant shall be at least 18 years of age.
(b) The applicant shall not have been convicted of, pleaded no
contest or stipulated to the facts involving a felony or any
crime involving moral turpitude, prostitution, obscenity or
other crime of a sexual nature in any jurisdiction within five
years immediately preceding the date of the application.
(c) The applicant shall not have been found to have previously
violated this Article 2 within five years immediately preceding
the date of the application.
(2) If the applicant is a corporation:
(a) All officers, directors and stockholders required to be named
under Section 30-3(B)(10) herein shall be at least 18 years
of age.
(b) No officer, director or stockholder required to be named
under Section 30-3(B)(10) herein shall have been convicted
of, pleaded no contest or stipulated to the facts involving a
felony or any crime involving moral turpitude, prostitution,
obscenity or other crime of a sexual nature in any jurisdiction
Chapter 30, Page 8
within five years immediately preceding the date of the
application.
(c) No officer, director or stockholder required to be named
under Section 30-3(B)(10) herein shall have been found to
have previously violated this Article 2 within five years
immediately preceding the date of the application.
(3) If the applicant is a partnership, joint venture or any other type of
organization where two or more persons have a financial interest:
(a) All persons having a financial interest in the partnership, joint
venture or other type of organization shall be at least 18
years of age.
(b) No persons having a financial interest in the partnership,
joint venture or other type of organization shall have been
convicted of, pleaded no contest or stipulated to the facts
involving a felony or any crime involving moral turpitude,
prostitution, obscenity or other crime of a sexual nature in
any jurisdiction within five years immediately preceding the
date of the application.
(c) No person having a financial interest in the partnership, joint
venture or other type of organization shall have been found
to have violated any provision of this Article 2 within five
years immediately preceding the date of the application.
(B) No license shall be issued unless the Police Department has investigated
the applicant's qualifications to be licensed. The results of that investigation shall be
filed in writing with the City Administrator no later than 14 days after the date of the
application.
30-5 Fees.
A license fee of $250.00 shall be submitted with the application for a license. If the
application is denied, one-half of the fee shall be returned. License fees paid less than
12 months prior to renewal shall not be prorated.
30-6 Display of License.
The license shall be displayed in a conspicuous public place in the Adult business such
that it may be readily seen by a person entering the premises.
30-7 Renewal of License.
Chapter 30, Page 9
(A) Every license issued pursuant to this Article 2 will terminate on April 30 of
each year unless sooner revoked, and must be renewed before operation is allowed in
the following year. Any operator desiring to renew a license shall make application to
the City Administrator. The application for renewal must be filed no later than 60 days
before the license expires. The application for renewal shall be filed in triplicate with
and dated by the City Administrator. A copy of the application for renewal shall be dis-
tributed promptly by the City Administrator to the Police Department and to the operator.
The application for renewal shall be upon a form provided by the City and shall contain
such information and data, given under oath or affirmation, as is required for an
application for a new license.
(B) A license renewal fee of $250.00 shall be submitted with the application
for renewal. In addition to the renewal fee, a late penalty of $100.00 shall be assessed
against the applicant who files for a renewal less than 60 days before the license
expires. If the application is denied, one-half of the total fees collected shall be
returned.
(C) If the Police Department is aware of any information bearing on the
operator's qualifications, that information shall be filed in writing with the City
Administrator.
30-8 Revocation of License.
(A) The City Council shall revoke a license for any of the following reasons:
(1) Discovery that false or misleading information or data was given on
any application or material facts were omitted from any application.
(2) The operator or any employee of the operator, violates any
provision of this Article 2 or any rule or regulation adopted by the
City Council pursuant to this Article 2; provided, however, that in
the case of a first offense by an operator where the conduct was
solely that of an employee, the penalty shall not exceed a
suspension of 30 days if the Council shall find that the operator had
no actual or constructive knowledge of such violation and could not
by the exercise of due diligence have had such actual or
constructive knowledge.
(3) The operator becomes ineligible to obtain a license.
(4) Any cost or fee required to be paid by this Article 2 is not paid.
(5) Any alcoholic liquor is served or consumed on the premises of the
Adult business.
Chapter 30, Page 10
(6) Violation of any City ordinance, code or regulation and failure to
pay the required fine or penalty or failure to cure the violations.
(7) The transfer of a license or any interest in a license.
(B) The City Council, before revoking or suspending any license, shall give
the operator at least 10 days' written notice of the charges against him, and the
opportunity for a public hearing before the City Council.
(C) Any operator whose license is revoked shall not be eligible to receive a
license for one year from the date of revocation. No location or premises for which a
license has been issued shall be used as an Adult business for six months from the
date of revocation of the license.
30-9 Employees.
It shall be unlawful for any adult business licensee or his manager or employee to
employ in any capacity within the adult business any person who is not at least 18 years
of age.
30-10 Physical Layout of Adult business.
(A) Any adult business having available for customers, patrons or members,
any booth, room or cubicle for the private viewing of any adult entertainment must
comply with the following requirements:
(1) Access: Each booth, room or cubicle shall be totally accessible to
and from aisles and public areas of the Adult business, and shall be
unobstructed by any door, lock or other control -type devices.
(2) Construction: Every booth, room or cubicle shall meet the following
construction requirements.
(a) Each booth, room or cubicle shall be separated from
adjacent booths, rooms and cubicles and any non-public
areas by a wall.
(b) Have at least one side totally open to a public lighted aisle
so that there is an unobstructed view at all times of anyone
occupying same.
(c) All walls shall be solid and without .any openings, extended
from the floor to a height of not less than six feet and be light
colored, non -absorbent, smooth textured and easily
cleanable.
Chapter 30, Page 11
(d) The floor must be light colored, non -absorbent, smooth
textured and easily cleanable.
(e) The lighting level of each booth, room or cubicle, when not in
use shall be a minimum of 10 foot candles at all times, as
measured from the floor.
(3) Occupants: Only one individual shall occupy a booth, room or
cubicle at any time. No occupant of same shall engage in any type
of sexual activity, cause any bodily discharge or litter while in the
booth. No individual shall damage or deface any portion of the
booth.
(B) Any adult business as defined herein which features dancers or other
entertainers or forms of entertainment, must comply with the following requirements:
(1) All dancing or other entertainment shall occur on a platform
intended for that purpose which is raised at least two feet from the
level of the floor.
(2) No dancing or other entertainment shall occur closer than 10 feet to
any patron.
(3) No dancer or other entertainer shall fondle or caress any patron
and no patron shall fondle or caress any dancer or other
entertainer.
(4) No patron shall directly pay or give any gratuity or tip to any dancer
or other entertainer and no dancer or other entertainer shall directly
or indirectly solicit any pay or gratuity or tip from any patron.
30-11 Responsibilities of the Operator.
(A) The operator shall maintain a register of all employees, showing the name
and aliases used by the employee, home address, age, birth date, sex, height, weight,
color of hair and eyes, phone numbers, Social Security number, date of employment
and termination and duties of each employee. The above information on each
employee shall be maintained in the register on the premises for a period of three years
following termination.
(B) The operator shall make the register of employees available immediately
for inspection upon demand of a member of the Police Department at all reasonable
times.
(C) Every act or omission by an employee constituting a violation of the
provisions of this Article 2 shall be deemed the act or omission of the operator if such
Chapter 30, Page 12
act or omission occurs either with the authorization, knowledge or approval of the
operator, or as a result of the operator's negligent failure to supervise the employee's
conduct, and the operator shall be punishable for such act or omission in the same
manner as if the operator committed the act or caused the omission.
(D) Any act or omission of any employee constituting a violation of the
provisions of this Article 2 shall be deemed the act or omission of the operator for
purposes of determining whether the operator's license shall be revoked, suspended or
renewed.
(E) No employee of an adult business shall allow any minor to loiter around or
to frequent an adult business.
(F) The operator shall maintain the premises in a clean and sanitary manner
at all times.
(G) The operator shall maintain at least 10 foot candles of light in the public
portions of the establishment, including aisles, at all times. However, if a lesser level of
illumination in the aisles shall be necessary to enable a patron to view the adult
entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of
illumination may be maintained in such aisles, provided, however, at no time shall there
be less than one foot candle of illumination in said aisles, as measured from the floor.
(H) The operator shall insure compliance of the establishment and its patrons
with the provisions of this Article 2.
30-12 Exclusions.
All private schools and public schools, as defined in the Illinois Compiled Statutes,
located within the City are exempt from obtaining a license hereunder when instructing
pupils in sex education as part of their curriculum.
30-13 Penalties and Prosecution.
(A) Any person, partnership or corporation who is found to have violated this
Article 2 shall be fined not less than $300.00 nor more than $750.00 per offense plus
costs of prosecution incurred by the City including reasonable attorney fees and shall
result in the revocation of any license.
(B) Each violation of this Article 2 shall be considered a separate offense, and
any violation continuing more than one day shall be considered a separate offense.
30-14 Enforcement.
The Police Department shall have the authority to enter any adult business at all
reasonable times to inspect the premises and enforce this Article 2.
Chapter 30, Page 13
ARTICLE 3. MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS
30-15 License Required.
(A) It shall be unlawful for any person, association, firm or corporation to
charge for the practice or administering of any method of treatment listed in this Article 3
without first obtaining and maintaining a valid massage therapist license, as required by
this Article 3.
(B) It shall be unlawful for any person, association, firm or corporation to
operate a massage therapy clinic in the City without a valid and current license therefor
issued by the City pursuant to the terms of this Article 3. A separate license shall be
required for each massage therapy clinic location regardless of whether such multiple
clinics are operated by the same person, association, firm or corporation.
30-16 Exemptions.
The licensing requirements of this Article 3 shall not be applicable to:
(1) 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.
(2) 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 of Illinois. Provided, this exemption is only
intended 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 exemption is not intended to
include, and does not permit, general massage activities as part of any barber,
cosmetologist or nail technician business beyond that authorized by the state
license or certification.
(3) Any state registered athletic trainer who administers such athletic -related
massage in the normal course of training duties.
(4) A business which employs or includes not more than one massage therapist
shall not be required to apply for or obtain a massage therapy clinic license.
Such exempt business must be located in a structure which contains no more
than one room where massage activities are performed. Except for businesses
which operate separate and distinct hours of operation, such exempt businesses
must also be the sole massage activity within such structure. Under no
circumstances shall more than two exempt businesses be permitted in any
structure. Provided further, a massage therapist's license shall be required for
Chapter 30, Page 14
the individual massage therapist performing massage activities in such exempted
business.
(5) 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.
30-17 Application for Massage Therapy Clinic License.
Any person desiring to obtain a license to operate a massage therapy clinic shall make
application to the City Administrator. The City Administrator shall have the right to
confirm any of the information asked for, or provided in the application, and shall work in
conjunction with the Police Department where applicable. Applications shall include the
following:
(1) The name (including nicknames or aliases) and address, telephone number,
social security number and age of the applicant; the registered agent of the
applicant if the applicant is a corporation, and the general or managing partners if
the applicant is a partnership.
(2) The location of the massage therapy clinic.
(3) A complete statement of all convictions of the applicant as provided in this
Section 30-17. If the applicant is a corporation, such statement shall include
applicant's officers, and directors thereof, and any stockholder or stockholders
owning in the aggregate more than 20 percent of the stock of such corporation.
If the applicant is a partnership, such statement shall include all general partners,
and any limited partner owning more than 20 percent of the aggregate limited
partner interest in such partnership. Such listing shall include the following:
(a) Any offense involving sexual misconduct with children or other sex
offenses as defined 720 ILCS 5/11-6 et seq., as amended.
(b) A felony based upon conduct or involvement in such business or activity
or related or similar business or activity, within the past 10 years; or
(c) A felony unrelated to conduct or involvement in such business or activity
or related to similar business or activity, but which felony involved the use
of a deadly weapon, violations of the Cannabis Control Act (720 ILCS
550/1 et seq.) or the Controlled Substance Act (720 ILCS 570/100 et seq.)
or violence against another person, including rape, within the past five
years; or
Chapter 30, Page 15
(d) A misdemeanor or licensing ordinance violation, based upon conduct or
involvement in such business or activity or related or similar business or
activity, within the past two years.
(4) A description of the proposed massage therapy clinic, including the number of
massage therapists, other activities or business conducted at the same location,
and the physical facilities to be used, with a floor layout diagram of same
attached thereto.
(5) A statement of whether the business will be conducted by a manager. In such
case the manager's name, address, telephone number and age shall be
provided, along with a statement of any convictions as set forth in this Section
30-17.
(6) A current certificate of inspection of the premises from the McHenry County
Department of Health, if required.
(7) The license fee as provided in Section 30-22(A) herein.
(8) Business, occupation or employment of the applicant for three years immediately
preceding the date of application.
(9) In the event applicant is made aware that any information or document submitted
as part of this application process is inaccurate or incomplete, applicant shall
immediately notify the City and provide appropriate corrections. Failure to
accurately and completely provide, or as necessary update, required information
may delay the processing of such application or result in its denial.
(10) Two passport -size photographs (1 inch by 1'/2 inches) of the applicant (head and
shoulders, face forward) shall be provided by the applicant to be used in the
preparation of a photo identification license card and the identification of the
license holder following issuance.
Provided, in the case of a renewal application, the City Administrator may waive
the requirement for photographs if the applicant's photographs are on file and
new photo identification license cards are not to be used.
(11) Proof of United States citizenship, permanent resident alien status or a valid work
permit, as well as proof of professional liability insurance in an amount of not less
than $1,000,000.00 per each occurrence.
30-18 Application for Massage Therapist License.
Any person desiring to obtain a massage therapist license shall make application to the
City Administrator. The City Administrator shall have the right to confirm any of the
Chapter 30, Page 16
information asked for, or provided in the application, and shall work in conjunction with
the Police Department where applicable. Applications shall include the following:
(1) The name (including any nicknames or aliases), address, telephone number,
social security number and age of the applicant.
(2) A complete statement of all convictions of the applicant as follows:
(a) Any offense involving sexual misconduct with children or other sex
offenses as defined 720 ILCS 5/11-6 et seq., as amended.
(b) A felony based upon conduct or involvement in such business or activity
or related or similar business activity, within the past 10 years; or
(c) A felony unrelated to conduct or involvement in such business or activity,
but which felony involved the use of a deadly weapon, violation of the
Cannabis Control Act (721 ILCS 550/1 et seq.) or the Controlled
Substance Act (720 ILCS 570/100 et seq.) or violence against another
person, including rape, within the past five years; or
(d) A misdemeanor or licensing ordinance violation, based upon conduct or
involvement in such business or activity or related or similar business or
activity, within the past two years.
(3) Written documentation that the applicant meets the requirements set forth in the
term "massage therapist" as defined herein, as well as documentation verifying
valid cardio-pulmonary resuscitation ("CPR") certification and signed medical
report of a negative TB test by a medical doctor or the director of the McHenry
County Department of Health.
(4) Information regarding whether the applicant is eligible for issuance of a license
as provided pursuant to Section 30-21 herein.
(5) The license fee as provided in Section 30-22(A) herein.
(6) Business, occupation or employment of the applicant for three years immediately
preceding the date of application.
(7) In the event applicant is made aware that any information or document submitted
as part of this application process is inaccurate or incomplete, applicant shall
immediately notify the City and provide appropriate corrections. Failure to
accurately and completely provide, or as necessary update, required information
may delay the processing of such application or result in its denial.
(8) Two passport -size photographs (1 inch by 1'/2 inches) of the applicant (head and
shoulders, face forward) shall be provided by the applicant to be used in the
Chapter 30, Page 17
preparation of a photo identification license card and the identification of the
license holder following issuance. Provided, in the case of a renewal application,
the City Administrator may waive the requirement for photographs if the
applicant's photographs are on file and new photo identification license cards are
not to be issued.
30-19 Application Processing.
(A) An application shall not be considered proper or filed until all information
and material required of the applicant pursuant to Sections 30-17 or 30-18 herein have
been submitted.
(B) Upon receipt of a proper application, the City Administrator shall, along
with the Police Department or his designee, investigate the information contained in the
application and shall determine compliance with all applicable laws of the City. The
nature and scope of the investigation shall be within the discretion of the City
Administrator and the Police Department, and shall include, but is not limited to, a
criminal history background check and premises inspection. The applicant for a
massage therapy clinic license shall allow the Building Code Enforcement Officer to
inspect the premises and/or review plans for the facility, to ascertain whether the
premises and/or planned changes are in conformance with the City Building Code. In
the event plans are submitted prior to construction, a final inspection will be conducted
prior to issuance of the license to assure compliance with said Building Code.
(C) The investigation, including any required inspections and background
checks, shall be completed within 35 business days after receipt of a proper application.
Provided, the City Administrator may extend this investigation period an additional
period, not to exceed an additional 10 business days, upon a finding that such
additional period is needed to properly complete the investigation. Provided, whenever
such extension period is invoked, written notice shall be provided to the applicant along
with the specific reasons for such extension.
(D) If, within 10 business days following completion of the investigation, the
City Administrator determines that the applicant and premises are in compliance with
the applicable laws of the City, the City Administrator shall issue the license or photo
identification license card.
(E) If, within 10 business days following completion of the investigation, the
City Administrator determines that the applicant or premises are not in compliance with
the applicable laws of the City, the City Administrator shall notify the applicant in writing
that the license has been denied, setting forth the reasons therefore, and advising the
applicant of his or her right to appeal pursuant to Section 30-27 herein. Unless a timely
appeal has been filed as provided in Section 30-27 herein, such denials shall be final
and effective on the 11th day following service of the notice on the applicant. The fee
paid by the applicant pursuant to Section 30-22(A) shall be returned, less $50.00 which
Chapter 30, Page 18
will be retained as the processing fee. Any fees paid by the applicant pursuant to
Section 30-22(B) shall be retained as a processing fee.
30-20 Transfer, Changes in Ownership or Management.
(A) Any license issued pursuant to this Article 3 shall be applicable only to the
specific applicant and location designated, and may not be sold, transferred or
otherwise assigned. Provided, where the licensee remains the same, but a request is
made to designate and substitute a different location, the City Administrator may
approve such new location upon submission of proof that such location is in compliance
with the provisions of Section 30-29 herein. A fee of $50.00 shall be required for
processing such locations.
(B) Any license issue pursuant to this Article 3 shall be applicable only for the
specific person designated, and may not be sold, transferred or otherwise assigned.
(C) For purposes of this Article 3 a transfer of ownership or control of a
massage therapy clinic shall mean the sale, lease or sublease of the business, the
transfer of securities which constitute a controlling interest in the business whether by
sale, exchange or similar means, or the establishment of a trust, gift or other similar
legal device which transfers the ownership or control of the business, except for transfer
by bequest or other operation of law upon the death of the person possessing the
ownership or control, or any person not previously listed as an applicant pursuant to
Section 30-27 herein acquires an ownership interest in the business of 20 percent or
more.
(D) A transfer of ownership or control of a massage therapy clinic shall
constitute change in the licensee and the existing license shall be deemed surrendered
and extinguished. A new application and license shall be filed and processed as
provided in Sections 30-17 and 30-19 prior to such transfer taking effect. Any transfer
in the ownership or control of a massage therapy clinic in violation of this Section 30-20
shall constitute operation of such business without a license.
(E) Notice shall be provided prior to any change of the designated manager
conducting business for the massage therapy clinic as provided in Section 30-21. The
licensee shall, not less than 10 business days before such change is to take effect, give
the City Administrator written notice of such change. The notice shall include any
information concerning the new manager which is required in Section 30-17 herein.
30-21 Limitation on Issuance and Review of License.
No massage therapy clinic license or massage therapist license shall be issued or
renewed under the following circumstances:
(1) To an applicant who has been convicted of the following offenses:
Chapter 30, Page 19
(a) Any offense involving sexual misconduct with children or sex offenses as
defined in 720 ILCS 5/11-6 et seq., as amended.
(b) A felony based upon conduct or involvement in such business or activity
or related or similar business or activity, within the past 10 years; or
(c) A felony unrelated to conduct or involvement in such business or activity
or related to similar business or activity, but which felony involved the use
of a deadly weapon, violations of the Cannabis Control Act (721 ILCS
550/1 et seq.) or the Controlled Substance Act (720 ILCS 570/100 et seq.)
or violence against another person, including rape, within the past five
years; or
(d) A misdemeanor or licensing ordinance violation, based upon conduct or
involvement in such business or activity or related or similar business or
activity, within the past two years.
(2) To an applicant whose license issued under this Article 3 has been revoked for
cause.
(3) To an applicant who at the time of application for renewal of any license issued
hereunder would not be eligible for such license upon a first application.
(4) To an applicant under the age of 18 years of age.
(5) To an applicant where grounds for revocation exist as provided under Section
30-26.
(6) In addition to the provisions stated hereinabove, no massage therapy clinic
license shall be issued or renewed under the following circumstances:
(a) To a partnership, if any general partner thereof, or any limited partner
owning more than 20 percent of the aggregate limited partner interest in
such partnership, would not be eligible to receive a license hereunder.
(b) To a corporation, if any officer or director, or any stockholder or
stockholders owning in aggregate more than 20 percent of the stock of
such corporation, would not be eligible to receive a license hereunder.
(c) To a corporation unless it is incorporated in Illinois, or unless it is a foreign
corporation which is qualified under the Business Corporation Act of 1983
(805 ILCS 5/1.01 et seq., as amended, to transact business in Illinois.
(d) To any applicant whose place of business is conducted by a manager
unless the manager possesses the same qualifications required by the
licensee.
Chapter 30, Page 20
(e) To any applicant who is not a beneficial owner of the business to be
operated by the licensee.
(7) In addition to the provisions above, no massage therapist license shall be issued
or renewed to an applicant unless such person has received training and/or is
certified by an institution or nationally recognized professional association which
teaches theory and method of massage as set forth herein, and the applicant has
obtained a current cardio-pulmonary resuscitation ("CPR;') certification. Except
for renewal applicants described herein, the applicant shall establish one of the
requirements under the definition of "Massage Therapist" as defined in Article 1
herein.
(8) To an applicant who is not a United States citizen or has status as a permanent
resident alien or a valid work permit.
30-22 Fees.
(A) The fee for a massage therapy clinic license required by Section 30-15(A)
shall be $100.00 and such license shall be valid for three years.
(B) The fee for a massage therapist license required by Section 30-15(A) shall
be $25.00 and such license shall be valid for three years.
30-23 Expiration of License; Renewal.
(A) Each license shall expire at the end of three years on December 31 and
may be renewed only by making application as provided in Sections 30-17 and 30-18
herein. Provided, in lieu of full submittal, an applicant may on forms provided by the
City, certify that the information previously provided remains true and valid. This
renewal application shall be processed as provided in Section 30-19. Application for
renewal should be made at least 30 days before the expiration date, and when made
less than 30 days before the expiration date, the expiration of the license will not be
affected. Renewal applications for massage therapy clinic licenses and massage
therapist licenses shall be obtained from the City Administrator's office.
(B) When the City Administrator denies renewal of a license, the applicant
shall not be issued a license for one year from the date of denial. Provided, if
subsequent to denial the City Administrator finds that the basis for denial of the renewal
license has been corrected or abated, the applicant may be granted a license.
30-24 Massage Therapy Clinic Facilities.
No license, or renewal thereof, shall be issued to conduct a massage therapy clinic
unless an inspection, conducted by the City Administrator, or his designee, confirms
Chapter 30, Page 21
that the clinic complies with the following minimum requirements. Renewal of a license
may require reinspections by the City Administrator or his designee.
(1) Hot and cold running water shall be provided.
(2) Adequate private dressing and toilet facilities shall be provided for patrons.
(3) All walls, ceilings, floors, steam rooms and other physical facilities shall be kept
in good repair, and maintained in a clean and sanitary condition.
(4) Clean and sanitary towels and linens shall be provided for each client receiving
massage services. No common use of towels or linens shall be permitted.
(5) When any license shall have been revoked for cause, no license shall be granted
to any person for the period of one year thereafter for the conduct of a massage
therapy clinic in the premises described in the revoked license.
30-25 Notice of Revocation, Suspension or Refusal of a License.
No license shall be revoked, suspended or refused until the applicant or license holder
has received due notice. Said notice shall be served upon the license holder by
delivering the same personally or by leaving such notice at the place of business or
residence of the applicant or license holder in the custody of a person 15 years of age
or older. In the event the license holder cannot be found, and the service of such notice
cannot be otherwise made in the manner herein provided, a copy of such notice shall be
sent by certified mail, postage prepaid, addressed to the license holder at the licensee's
place of business or residence at least 10 business days prior to the date of such
hearing.
30-26 Revocation or Suspension of a License
The license of a massage therapy clinic or a massage therapist may be revoked or
suspended, in addition to the fines provided for in Section 30-28 herein, upon one or
more of the following grounds:
(1) The licensee has committed an act(s) of fraud or deceit in the application for
license, or renewal thereof, submitted to the City Administrator.
(2) The licensee is engaged in the practice of massage under a false or assumed
name, or is impersonating another massage therapist of a like or different name.
(3) The licensee has committed an act of fraudulent, false, misleading or deceptive
advertising, or prescribing medicines, drugs or practices any other licensed
profession without legal authority therefore.
Chapter 30, Page 22
(4) The licensee has committed an act(s) of prostitution, sexual offense or trafficking
in controlled substances after the date of issuance of a massage therapy clinic or
of a massage therapist license.
(5) The licensee is found to be in violation of any section of this Article 3.
(6) The licensee permits acts of prostitution or solicitations for acts of prostitution to
be performed within the premises or elsewhere or permits any procedure during
the performance of services within or off the premises that are performed for the
purpose of sexual arousal or gratification of any patron, or should reasonably be
expected to cause such result, or permits the use or trafficking of controlled
substances or cannabis on the premises, or the commission of any unlawful act
on the premises.
(7) The licensee performs an act of prostitution or other lewd conduct within the
premises or without the premises or solicits an act of prostitution or other lewd
conduct on or off the premises or performs services within or without the
premises in such manner for the purpose of sexual arousal or gratification of a
patron, or should reasonably be expected to cause such result, or the licensee
uses or is trafficking in controlled substances or cannabis.
(8) The licensee has violated or is not in compliance with Section 30-28 herein and
the license has been suspended within the preceding 24 months.
(9) A licensee has knowingly allowed prostitution on the premises.
(10) A licensee knowingly conducted massage activities in the City during a period of
time when the licensee's license was suspended.
(11) Within a 24-month period, a person or persons committed an offense as listed in
paragraph 1 of Section 30-21, which substantially occurred in or on a licensed
premises, and for which a conviction has been obtained, and the person or
persons were employees of the licensee at the time the offenses were
committed. The fact that a conviction is being appealed shall have no effect on
the revocation of the license.
30-27 Appeal.
(A) Any applicant or licensee who receives a notice of denial, revocation or
suspension may file an appeal with the Mayor as provided herein. Such appeal shall be
filed with the Mayor in writing no later than 10 business days following receipt of the
notice, and shall include a response to the City Administrator's notice. Such response
shall include a brief statement addressing the substantive deficiencies cited in the City
Administrator's notice and shall set forth the basis for why the license should not be
denied, revoked or suspended. If an appeal is filed of an order of the City Administrator,
Chapter 30, Page 23
suspending or revoking a license, such suspension or revocation shall be stayed
pending final order of the Mayor as provided in this Section 30-27.
(B) The Mayor shall schedule an informal public hearing not later than 10
business days following receipt of such appeal. The purpose of the hearing will be to
offer the applicant or licensee an opportunity to show cause why the application should
not be denied, or why the license should not be suspended or revoked. A record shall
be made of the informal public hearing and documents may be submitted and/or
testimony given, either in person or through sworn affidavit. This record may be made
by electronic recording. The Mayor shall have the power to administer oaths and to
continue the hearing from time to time to permit the applicant to provide additional
information.
The Mayor may designate a hearing officer to schedule, convene and conduct
the public hearing. In such case, the hearing officer shall have the same powers as the
Mayor to administer oaths and continue the hearing from time to time to permit the
applicant to provide additional information. Where such designation has been made,
the hearing officer shall submit proposed findings and recommendations to the Mayor
within 21 days of the close of the hearing.
(C) Within 21 days after the close of the hearing set forth in Section 30-27(B)
herein, the Mayor shall make written findings of fact and issue an appropriate order.
Within five business days a copy of such order shall be served upon the applicant or
licensee. If the Mayor determines that the license should be revoked or suspended, the
suspension or revocation shall take effect immediately upon receipt unless otherwise
specified.
(D) The decision of the Mayor provided in Section 30-2.7(C) herein shall be the
final administrative action of the City with respect to the license or application, and shall
be subject to the immediate appeal by the licensee or applicant to the circuit court.
Such appeal to the circuit court shall be filed not later than 35 days following the receipt
of the Mayor's findings and order. Failure to file such appeal as provided herein shall
render the Mayor's decision final.
30-28 Prohibited Acts and Conditions.
(A) No employee or operator shall perform, offer or agree to perform any act
which would require the touching of a patron's genital area.
(B) The sexual or genital areas of patrons must be covered by non -
transparent towels, clothing, cloths or undergarments at all times while in a massage
therapy clinic premises, except while said patrons are alone in a washroom, bathroom,
shower or clothes changing area, or except when said patron is receiving lymphatic
drainage treatment from a massage therapist having a minimum of 20 hours of training
in such treatment.
Chapter 30, Page 24
(C) It shall be unlawful for any person, knowingly, in a massage therapy clinic
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.
(D) No person shall administer a therapeutic massage to a patron if the
massage therapist has a skin fungus, skin infection, skin inflammation or skin eruption;
unless a physician duly licensed by the State of Illinois certifies in writing that such
massage therapist may safely administer a massage and prescribing the condition
thereof.
(E) No employee or operator shall administer a therapeutic massage to a
patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption;
unless a physician duly licensed by the State of Illinois certifies in writing that such
person may be safely massaged and prescribing the conditions thereof.
(F) It shall be unlawful for any person to advertise themselves as a massage
therapist without having a valid massage therapist license as defined in this Article 3.
(G) Any license issued under this Article 3 shall be displayed in a conspicuous
location within the customer area of a licensed clinic. Massage therapists shall wear or
otherwise display in a conspicuous location within the customer area their photo
identification license cards at all times when they are performing, or holding themselves
out as available to provide any therapeutic massage. In lieu of this display requirement,
when therapeutic massage services are provided at the patron's location, the photo
identification license card shall be presented to the customer before such services
commence.
(H) At all times during the hours of operation of a massage therapy clinic there
shall be present a manager or other employee of the licensee who shall not be less than
18 years of age.
(1) No bathroom, bath, shower and/or clothes changing area may be
occupied by more than. one person at any time. No massage therapist, massage
therapy clinic owners, managers, employees and/or agents may be in any sauna or
whirlpool while a patron is in same.
(J) No massage therapy clinic licensee shall employ as a massage therapist
any person unless said person has obtained and has in effect a massage therapist
license issued pursuant to this Article 3.
(K) It shall be unlawful for any person who holds a license to operate a
massage therapy clinic or a massage therapist license within the City to fail to comply
with the conditions and regulations set forth in this section or to suffer or permit
noncompliance with such conditions and regulations on or within the licensed premises.
Chapter 30, Page 25
(L) It shall be unlawful for any person, association, firm or corporation
licensed as provided in this Article 3 to operate under any name or conduct business
under any designation not specified in such license.
(M) It shall be unlawful for any person, corporation, firm or association
licensed under this Article 3 to provide massage therapy services between the hours of
9:00 p.m. and 7:00 a.m.
30-29 Penalty for Violation.
Any person, corporation, firm or partnership found guilty of violating, disobeying,
omitting, neglecting or refusing to comply with any of the provisions of this Article 3 shall
be punished by a fine of not less than $200.00 nor more than $750.00 for each offense.
A separate offense shall be deemed committed on each day during or on which a
violation occurs or continues. In addition to any penalty, a licensee violating any
provision of this Article 3 may be subject to having their license revoked, suspended or
not renewed.
30-30 Premises Restrictions.
(A) No massage therapy clinic shall be located on any premises for which a
license to sell alcoholic liquor has been issued.
(B) The massage therapy clinic premises shall be in compliance with
applicable codes and ordinances of the City, including, but not limited to, zoning,
building, fire and life safety codes.
(C) When any license shall have been revoked for cause, no license shall be
granted to any person for the period of one year thereafter for the conduct of a massage
therapy clinic in the premises described in the revoked license.
30-31 Grandfather Clause.
At the time this Article 3 becomes effective, those persons operating a massage therapy
clinic or performing massage therapy as defined herein who do not meet the
requirements provided herein, may apply for a provisional massage therapy clinic
license, or professional massage therapist license provided that the applicant has been
in business within the City for at least six months, in the case of a clinic, and in the case
of an applicant for a license was practicing massage therapy within the City prior to from
and after the effective date of this Chapter 30. Said provisional licenses shall be
effective for six months from the effective date of this Article 3 -to provide adequate time
to such persons or clinics to meet the requirements under the definition of massage
therapists as defined herein. However, such provisional licenses shall only be issued if
the applicant meets all other requirements of this Article 3. The! fee for said license shall
be as set forth in Section 30-22(A) herein. Said provisional license must be applied for
Chapter 30, Page 26
within 30 days of the effective date of this Article 3 or this Section 30-31 shall not be
effective regarding that person and/or clinic.
ARTICLE 4. PUBLIC NUDITY
30-32 Intent.
It is the intent of this Article 4 to protect and preserve the health, safety, welfare and
morals of the citizens of the City by prohibiting a person from intentionally or recklessly
appearing or being nude, or causing another person to appear to be nude, in a public
place and in other places which may reasonably be expected to be observed by the
public within the City except as herein provided.
30-33 Legislative Findings.
In addition and supplemental to the findings and determinations contained in this Article
4, which are incorporated by reference into this Section 30-33, it is hereby found by the
City Council, acting in its legislative capacity for the purpose of regulating the conduct of
appearing nude in public places that the acts prohibited in this Article 4 encourage or
create the potential for criminal activity, that actual and simulated nudity and sexual
conduct, begets and has the potential for begetting undesirable and unlawful behavior;
that sexual, lewd, lascivious and salacious conduct among patrons and employees
within establishments results in violation of law and creates dangers to the health,
safety, welfare and morals of the public and those who engage in such conduct.
30-34 Nudity Prohibited in Public Places.
It shall be unlawful for any person to knowingly, intentionally or recklessly appear, or
cause another person to appear, nude in a public place or in any other place which is
readily visible to the public, except as provided in Section 30-35 herein. It shall also be
unlawful for any person or entity maintaining, owning or operating any public place
establishment to encourage, suffer or allow any person to appear nude in such public
place, except as provided in Section 30-35 herein.
30-35 Exemptions.
The prohibitions in Section 30-34 herein shall not apply:
(1) When a person appears nude in a place provided or set apart for nudity provided
(i) such person is nude for the sole purpose of performing the legal function(s)
that is customarily intended to be performed within such place provided or set
apart for nudity and (ii) such person is not nude for the purpose of obtaining
money or other financial gain for such person or for another person or entity, or;
Chapter 30, Page 27
(2) When the conduct of being nude cannot legally be prohibited by this Article 4 (i)
because it constitutes a part of a bona fide live communication, demonstration or
performance by a Person wherein such nudity is expressive conduct incidental to
and necessary for the conveyance or communication of a genuine message or
public expression and is not a mere guise or pretense utilized to exploit the
conduct of being nude for profit or commercial gain and as such is protected by
the United States or Illinois Constitution or (ii) because it is otherwise protected
by the United States or Illinois Constitution.
(3) A mother breast feeding her baby in any location, public or private, where the
mother is otherwise authorized to be, irrespective of whether the nipple of the
mother's breast is uncovered during or incidental to the breast feeding.
30-36 Enforcement and Penalties.
Any person or entity violating any of the provisions of this Article 4 shall be fined not
less than $300.00 nor more than $750.00 per offense plus the cost of prosecution
incurred by the City including reasonable attorney fees. Each incident or separate
occurrence of an act that violates this Article 4 shall be deemed a separate offense.
Continual or repeated violations of this Article 4 shall constitute a public nuisance and
the City may initiate proceedings to abate any such nuisance.
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