[Added 7-12-1977]
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 McLean County the operation
of a massage establishment as herein defined without first having
obtained a permit from the Board of Health of the McLean County Board,
for each and every separate office or place of business conducted
by such person.
A.
Every applicant for a permit to maintain, operate or conduct a massage establishment shall file an application in duplicate under oath with the County Clerk upon a form provided by the County Clerk and pay a nonrefundable filing fee as set forth in Chapter 205, Fees, to the County Treasurer, who shall issue a receipt which shall be attached to the application filed with the County Clerk.
[Amended 2-17-2015]
B.
Application requirements. The application for a 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 or director of a corporate applicant shall
furnish the following information:
(1)
Name and address.
(2)
All residential addresses for the past three years.
(3)
The applicant's height, weight, color of eyes and
hair.
(4)
The business, occupation or employment of the applicant
for the three years immediately preceding the date of application.
(5)
The massage or similar business license history of
the applicant; whether such person, is previously operating in this
or another county 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.
(6)
All criminal or County ordinance violation convictions,
forfeitures of bond, and pleadings of nolo contendere on all charges,
except minor traffic violations.
(7)
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.
A.
The County Clerk shall, within five days, refer copies
of each application to other relevant County departments and the Health
Department and to the Board of Health of the County Board. These departments
shall, within 30 days, inspect the premises proposed to be operated
as a massage establishment and make written recommendations to the
Board of Health concerning compliance with the codes and laws that
they administer.
B.
Failure to comply. The failure or refusal of the applicant
to promptly give any information relevant to the investigation of
the application or refusal of the applicant to submit to or cooperate
with any inspection required by this section shall constitute grounds
for denial thereof by the Board of Health.
Within 30 days of receipt of the recommendations
of the aforementioned departments, the Board of Health shall notify
the applicant that his/her application has been granted, denied or
held for further investigation. The period of such additional investigation
shall not exceed an additional 30 days unless otherwise agreed to
by the applicant. Upon the conclusion of such additional investigation;
the Board of Health shall advise the applicant in writing whether
the application has been granted or denied.
A.
Notification of applicant. Whenever an application
is denied or held for further investigation, the Board of Health shall
advise the applicant in writing of the reasons for such action.
B.
Appeal. Any applicant who is denied a permit by the
Board of Health may appeal that decision by requesting a hearing before
the Chairman and Board of McLean County within 10 days from the date
of the Board of Health's decision. The decision of the Chairman and
Board of McLean County will be the final decision on the part of the
County concerning said matter.
A.
Upon receipt of the recommendations of the departments and the certificate of the Health Department that the establishment is in compliance with all relevant requirements, and upon receipt of the permit fee as set forth in Chapter 205, Fees, which shall be paid to the County Treasurer, the Board of Health shall issue a permit to maintain, operate or conduct a massage establishment, unless it finds that:
[Amended 2-17-2015]
(1)
The operation, as proposed by the applicant, if permitted,
would not have complied with all applicable laws, including, but not
limited to, the building, health, planning, housing, zoning and fire
codes of the County of McLean.
(2)
The applicant and any other person who will be directly
or indirectly engaged in the management and operation of a massage
establishment has been convicted of:
B.
Expiration of permits. Every massage establishment
permit issued pursuant to this article will terminate at the expiration
of one year from the date of its issuance, unless sooner suspended
or revoked.
Any permit issued for a massage establishment
may be revoked or suspended by the Board of Health in any case where
any of the provisions of this article are violated or any employee
or the permittee, including a masseur or masseuse, is engaged in any
conduct at a permittee's place of business which violates any of the
provisions of this article, or any state law which provided 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 article or in any case where the
permittee or licensee refused to permit any duly authorized police
officer or code inspector of the County to inspect the premises or
the operations therein, after due notice of said inspection.
A.
Recommendation by Health Department. Such permit may
also be revoked or suspended by the Board of Health upon the recommendations
of the McLean County Health Department 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.
B.
Violations by employees. Any violation of this article
by any employee of the permittee, including a masseur or masseuse,
shall be cause for suspension or revocation of the permit. If a violation
is found to exist subsequent to a suspension, within 12 months, the
permit shall be revoked.
C.
Notification. The Board of Health must notify any
permittee at least 10 days prior to the effective date of any suspension
or revocation. Notice shall be by registered mail, properly addressed
with postage affixed to the address of the permittee contained in
the permittee's application. The notice shall be in writing and shall
specify the violation.
D.
Appeal. During the ten-day period, the permittee may
appeal the Board of Health's decision to the Chairman of the McLean
County Board by requesting a hearing thereon in writing. A properly
filed request shall suspend the effective date of the suspension or
revocation until the date of the Chairman of the McLean County Board's
decision, which decision shall be final on the part of the County.
The Chairman of the McLean County Board may sustain, reverse or modify,
but not increase, the Board of Health order of revocation or suspension.[1]
[1]
Editor's Note: Original §§ 24.27, Masseur or
masseuse permit, 24.28, Issuance of permit, and 24.29, Revocation
of permit, of the 1986 Code, which immediately followed this subsection,
were deleted 2-17-2015.
No massage establishment shall be issued a permit,
nor be operated, established or maintained in the County of McLean
unless an inspection by the Health Department and County Clerk reveals
that the establishment complies with each of the following minimum
requirements:
A.
All plumbing, ventilation, heating and illumination
shall meet recognized building standards.
B.
Construction of rooms used for toilets, tubs, steam
baths and showers shall be made waterproof with approved waterproof
materials and shall be installed in accordance with recognized building
standards.
C.
The walls shall be clean and painted with washable,
mold-resistant paint in all rooms where steam baths are given.
D.
All massage tables, bathtubs, shower stalls, steam
or bath areas and floors shall have surfaces which may be readily
disinfected.
E.
Adequate bathing, dressing, locker and toilet facilities
shall be provided for the patrons to be served at any given time.
In the event that male and female patrons are to be served simultaneously,
separate bathing, dressing, locker, toilet and massage room facilities
shall be provided.
F.
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 patron.
G.
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.
H.
Oils, creams, lotions, or other preparations used
in administering massages shall be kept in clean, closed containers
or cabinets.
I.
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.
J.
Any massage parlor licensed pursuant to this code
shall be equipped with all appliances, furnishings, and materials
as may be necessary to enable persons employed in and about said massage
parlor to comply with the provisions of this article.
A.
The permittee or his designee approved in connection
with the issuance of a permit herein shall be present on the premises
at all times when the establishment is in operation.
B.
Price rates for all services shall be prominently
posted in the reception area in a location available to all prospective
customers.
C.
Every portion of the massage establishment, including
appliances and apparatus, shall be kept clean and shall be operated
in a sanitary condition.
D.
All employees shall be clean and wear opaque (not
translucent and not transparent) outer garments covering the sexual
areas.
[Amended 2-17-2015]
E.
The sexual areas of patrons must be covered by towels,
cloths, or undergarments whenever the patron is in the presence of
another person, including a masseur, masseuse or employee.
F.
It shall be unlawful for any person in a massage establishment
to place his or her hand upon, to touch with any part, clad or unclad,
of his or her body, to fondle in any manner, or to massage a sexual
area of any person.
G.
No person, including an employee or establishment permittee, shall perform or agree to perform any act which would require the touching of the patron's sexual area. It shall be prohibited for any person to massage any other person, or to give or administer any bath or baths, or to give or administer any of the procedures or services set forth the definition of "massage" in § 257-1 for immoral purposes, or in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires of such other persons.
[Amended 2-17-2015]
H.
No owner or manager of a massage establishment shall
authorize or tolerate in his or her establishment any activity or
behavior prohibited by the laws of the State of Illinois, or the ordinances
of McLean County, Illinois, including such laws proscribing acts of
prostitution, sodomy, adultery, fornication, or any lewd or obscene
act or performance. Any conviction of the manager or of any employee
of a massage parlor of a violation of the aforementioned laws and
ordinances shall be grounds for revocation of the permit of said establishment
as herein provided.
[Amended 2-17-2015]
I.
All massage establishments shall be provided with
clean, laundered sheets and towels in sufficient quantity, which shall
be laundered after use thereof and stored in a sanitary manner. No
towels, wash cloths, or other linen items shall come in contact with
the body or any part thereof of any customer or patron at a massage
establishment without first having been laundered after its previous
use upon another person. Heavy white paper may be substituted for
sheets, provided that such paper is changed for every person.
[Amended 2-17-2015]
J.
All walls, ceilings, floors, pools, showers, bathtubs,
steam rooms, and all other 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 and vapor cabinets, shower compartments
and toilet rooms shall be thoroughly cleaned each day the business
is in operation. Bathtubs and showers shall be thoroughly cleaned
after each use. When carpeting is used on the floor, it shall be kept
dry.
K.
Oils, creams, lotions, or other preparations used
in administering massages shall be kept in clean, closed containers
or cabinets.
L.
Floors shall be free from any accumulation of dust,
dirt or refuse.
M.
No eating in the massage work areas shall be permitted.
N.
No person shall sell, give, dispense, provide or keep
or cause to be sold, given, dispensed, provided or kept any alcoholic
beverage on the premises of any massage establishment.[1]
[1]
Editor's Note: Original Subsections (O), prohibiting animals
in massage work areas, (P) and (Q), regarding massages administered
to persons exhibiting skin conditions, of the 1986 Code, which immediately
followed this subsection, were deleted 2-17-2015.
O.
No person shall render any service to the public upon
the premises of a massage parlor except during the time that the establishment
is open with free access thereto by the public.
P.
No person shall conduct or operate a massage establishment
between the hours of 10:00 p.m. and 6:00 a.m. of the following day.
Q.
No massage establishment shall be used as and for
a dormitory or place of sleep, nor shall any licensee under this article
permit any massage establishment to be so used.
R.
No massage establishment granted a permit under provisions of this article 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 the definition of "massage" in § 257-1 of this chapter, or that employees, masseurs or masseuses are dressed in any manner other than the prescribed in Subsection D above, nor shall any massage establishment indicate in the text of such advertising that any services are available which are prohibited by this article, or other than those services described in the definition of "massage" in § 257-1 of this chapter.
S.
Any massage establishment licensed by the County of
McLean shall, at all times, comply with all health regulations, rules
and requirements as are now in effect and as shall be promulgated
by the McLean County Department of Health, and Illinois Department
of Public Health.
A.
Every massage establishment shall, at all times it
is open to the public, be held open for inspection as well by duly
authorized representatives of the County departments concerned with
the licensing and supervision of such establishments.
B.
Provisions for periodic inspections. The Sheriff's
Department or the McLean County Department of Building and Zoning
shall, from time to time, make an inspection of each massage establishment
granted a permit under the provisions of this article for the purposes
of determining that provisions of this article are met.
[Amended 2-17-2015]
Any person violating the provisions of this
article shall, upon conviction, be fined an amount not less than $10
nor more than $500; in addition to such penalty, the violation shall
be grounds for suspension or revocation of the license of the owner
or manager of the massage establishment as provided herein.
[Amended 2-17-2015]
No permit for the operation of a massage establishment
issued pursuant to the provisions of this article shall be transferable.
Every permittee shall, at all times, display
a valid massage establishment permit and a valid permit for each and
every masseur and/or masseuse employed in the establishment in an
open and conspicuous place within the massage establishment so that
the same may be readily seen by persons entering the premises.
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 18 years of age.[1]
[1]
Editor's Note: Original § 24.37 of the 1986 Code,
Employment of masseurs and masseuses, which immediately followed this
section, was deleted 2-17-2015.
A person operating a massage establishment shall
maintain a current file of all persons employed by him.[1]
[1]
Editor's Note: Original § 24.39 of the 1986 Code,
Time limit for filing application for permit, which immediately followed
this section, was deleted 2-17-2015.
This article, except for the provisions of § 257-17H hereof, shall not apply to hospitals, nursing homes, sanitariums, medical clinics, dispensaries, the offices of a physician, surgeon, osteopath or chiropractor, or to persons holding an unrevoked certificate to practice the healing arts under the law of the State of Illinois, or to persons working or studying under the direction of any such persons or in any such establishments, nor shall this article 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 of Illinois.
The Board of Health and Health Department, or
both offices, may, after a public hearing, make and enforce reasonable
rules and regulations not in conflict with, but in accord with, the
intent and purpose of this article.
Any building used as a massage establishment
in violation of this article 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 article, is hereby declared to be a nuisance.
