O-18-09VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-18-09
AN ORDINANCE AMENDING CHAPTER 7 ('BUSINESSES"), ARTICLE 14
("MASSAGE ESTABLISHMENTS") TO REGULATE MASSAGE ESTABLISHMENTS
WHEREAS, the Village of Deerfield is a home rule unit of local government under the
provisions of Article VII, Section 6 of the Illinois Constitution that may exercise any power and
perform any function pertaining to its government and affairs including, but not limited to, the
power to regulate for the protection of the public health, safety, morals and welfare; and
WHEREAS, the regulation of massage establishments is a matter of growing importance
affecting the public health, morals, and welfare of the residents of the Village of Deerfield
including, but not limited to, the prevention of such establishments from being used for the
purposes of prostitution and the spread of disease through unsanitary practices and facilities; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that the
regulations provided herein are in the best interests of the public health, safety, morals and welfare
of the Village of Deerfield;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: The recitals to this Ordinance are incorporated into and made a part of this
Ordinance as if fully set forth herein.
SECTION 2: Chapter 7 ("Businesses"), Article 14 ("Massage Establishments") of the
Municipal Code of the Village of Deerfield shall be hereby repealed and amended as follows:
ARTICLE 14
Massage Establishments and Therapists
See. 7-78. Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section:
(1) Employee means any person over eighteen (18) years of age, other than a masseur,
who renders any service in connection with the operation of massage establishment
and receives compensation from the owner or operator of the establishment or
patrons, including but not limited to, agents or independent contractors.
(2) Massage or massage services means any method of pressure on or friction against,
or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the
external soft parts of the body with the hands or with aid of any mechanical,
electrical apparatus or by the application of air, liquid, or vapor baths of any kind,
with or without such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments, or other similar preparations commonly
used in this practice.
(3) Massage establishment means the premises where any person, business, firm,
partnership, association, corporation or limited liability company engages in or
carries on, or permits to be engaged in or carried on, any massage services.
(4) Massage therapist means any person who is licensed by the Illinois Department of
Financial and Professional Regulation and engages in the practice of massage.
(5) Patron means 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
for such service.
(6) Person means any individual, association, partnership, firm, trust, corporation or
limited liability company.
Sec. 7-79. Massage Business License Required.
No person shall engage in or carry on the business of massage or otherwise provide a
massage in return for compensation in the Village without first obtaining a massage
business license issued by the Village pursuant to the provisions of this Article for each
and every premise used for the business of conducting a massage business or otherwise
providing massages for compensation by such person. The applicant for a massage
business license must be at least eighteen (18) years of age. The license term shall expire
on December 31 of the calendar year for which it is issued unless sooner revoked as
provided in this Article. The renewal of a license shall follow the same provisions under
this Article as the application, issuance and denial of a license.
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Sec. 7-80. Application for Massage Business License.
(a) An application for a massage business license shall be filed with the Village
Manager. The application shall be made upon a form provided by the Village and
shall be completed in full and signed by the applicant, if an individual, or by a duly
authorized agent thereof, if not an individual, verified by oath or affidavit, and shall
set forth:
The type of ownership of the business, i.e., whether individual, partnership,
corporation, or otherwise.
2. The name under which the business is to be conducted.
3. The location and description of the premises or place of business which is to be
operated under such license.
(i) If a leased premises, a copy of the lease shall be provided. The term of such lease
must not end until after the expiration date of the license for which application is
being made.
(ii) The name and address of the owner(s) of the premises, and, if said premises is held
in trust, the names and addresses of all the owners of the beneficial interest of the
trust.
4. In the case of an individual, the full name, home address with zip code, social
security number, date of birth, sex and a physical description of the applicant,
including height, weight, color of hair and eyes.
5. In the case of a partnership, the full name, home address with zip code, social
security number, date of birth, sex and a physical description including height,
weight, color of hair and eyes of all partners and any other persons entitled to share
in the profits thereof.
6. In the case of a corporation, the object for which organized, the names, home
addresses with zip codes, date of birth, social security number, sex and a physical
description including height, weight, color of hair and eyes of all officers, directors,
and all persons owning directly or beneficially more than ten percent (10%) of the
stock of such corporation and the persons acting as managers or assistant managers
or other persons principally in charge of the operation of the business.
7. The date of formation of the partnership, if a partnership, the date of incorporation,
if an Illinois corporation, or the date of becoming qualified under the Illinois
Business Corporation Act, 805 ILCS 511.01 et seq., to transact business in Illinois
if a foreign corporation.
8. A complete list of the name and residence addresses of all masseurs and employees
employed by the business and the name and residence addresses of all managers,
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assistant managers or other persons principally in charge of the operation of the
business.
9. The business, occupation, employment of applicant, if an individual, for three (3)
years preceding the date of application.
10. Whether applicant ever made an application for a license under this Article, or a
massage business license or similar license to a state or county, city, village or other
unit of local government, and if so, where and when, and if such application was
granted or denied, and if such application was denied, the reasons for the denial.
11. Whether a license was ever issued to the applicant under this Article or a massage
business license or similar license was ever issued by any state or county, city,
village or other unit of local government, and if so, where and when, and if such
license has ever been suspended or revoked and the reasons for the suspension or
revocation.
12. Whether the applicant has ever been convicted of a violation of any of the
provisions of this Article or any ordinance of any other Illinois municipality which
regulates massage parlors or the providing of massages, or any Illinois statute
regulating massage establishments.
13. Whether the applicant has ever been convicted of the commission of a felony under
the laws of this State, or any other state, or under the laws of the United States.
(b) The applicant shall submit a complete set of fingerprints with the application. All
such fingerprinting shall be done by the Village Police Department. Said
fingerprints shall be submitted to the appropriate State and/or Federal agencies for
processing as available. The cost of fingerprinting shall be paid by the applicant in
addition to any application or license fee.
(c) The applicant shall submit a written authorization for the Village, its agents and
employees to seek information and conduct an investigation into the truth of the
statements set forth in the application and the qualifications of the applicant for a
license.
(d) The applicant shall submit such other information, documentation and
identification as the Village Manager or Chief of Police shall deem necessary to
determine the identity of the applicant or to process the application.
Sec. 7-81. Issuance and Denial of Massage Business License
(a) Upon receipt of a properly completed application for a massage business license,
the Village Manager shall submit the completed application to the Chief of Police
for evaluation. Upon receiving the application for a massage business license, the
Chief of Police shall conduct an investigation into applicant's moral character and
personal and criminal history.
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(b) In the case of an application for a massage business license, the Village Manager
shall cause the premises to be licensed to be inspected for the purpose of
determining that the proposed operation complies with all applicable laws,
including building, electrical, plumbing, health, housing, zoning, and fire codes of
the Village, and any other regulations of the Village relating to the public health,
safety and welfare.
(c) The Village Manager shall either issue a license, or notify the applicant in writing
that the application has been denied. The license shall be denied if the applicant
fails to comply with the requirements of this Article or with the requirements of
any other provision of this Code which is applicable to the business and/or activities
of the applicant. In addition, no license shall be issued to any applicant if.
The proposed operation does not comply with all applicable laws, including but not
limited to, building, electrical, plumbing, health, housing, zoning and fire codes of
the Village; or
2. The applicant, if an individual; or any of the officers, directors, any person owning
directly or beneficially more than ten percent (10%) of the stock of the corporation,
if the applicant is a corporation; or any of the partners, including limited partners,
if the applicant is a partnership; and the manager, assistant manager or any other
person principally in charge of the operation of the business, has been:
(i) convicted of a felony under the laws of the State of Illinois or any other state, or
under the Federal laws of the United States, within ten (10) years of the date of the
application; or
(ii) convicted of a sex offense as defined in 720 ILCS 5/11, or any equivalent law of
any state within ten (10) years of the date of the application; or
(iii) The applicant has been convicted of a violation of any provision of this Article; or
(iv) The applicant has had a massage business, masseur or similar license denied,
suspended or revoked by the Village, by a state or by unit of local government
within ten (10) years of the date of the application; or
(v) The applicant has been convicted of a violation of an ordinance of any other Illinois
municipality regulating massage establishments or masseurs; or
(vi) The applicant has been convicted of any other criminal offense involving
dishonesty, fraud, deceit or moral turpitude within ten (10) years of the date of the
application; or
(vii) The applicant has knowingly made false, misleading or fraudulent statements of
fact in the license application or in any document required by the Village in
conjunction with the license application; or
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(viii) The applicant has been overdue on payment to the Village of fees, fines, or penalties
assessed against the licensee or imposed upon the licensee in relation to the sale or
use of pavement sealants.
(d) In the event that the license is denied for failure to comply with the requirements
of this Article, the Village Manager shall immediately notify the applicant in
writing of the reasons for the denial. If the failure is not cured within ten (10) days
after the date on which the Village Manager denies the issuance of said license, the
application shall be null and void.
Sec. 7-82. License Fee.
Except as otherwise provided by an annual fee resolution, an initial non-refundable
application fee for a massage business license shall be One Hundred Dollars ($100.00),
and the annual license and renewal fee shall be Thirty -Five Dollars ($35.00). All
applicable license fees and any other required fees shall be paid prior to the issuance of any
license.
Sec. 7-83. Sanitation and Safety Requirements
All licensed premises shall be periodically inspected by the Village Building and Code
Enforcement Supervisor or his duly authorized representative for safety of the structure
and adequacy of plumbing, ventilation, heating, illumination and fire protection. In
addition, the premises shall comply with the following regulations:
(a) The walls shall be clean and painted with washable, mold -resistant paint in all
rooms where water or steam baths are given;
(b) Floors shall be free from any accumulation of dust, dirt or refuse;
(c) All equipment used in the massage operation shall be maintained in a clean and
sanitary condition;
(d) Soap, towels and laundered sheets must be provided and all such towels, linen and
items for personal use of operators and patrons shall be clean and freshly laundered;
(e) Towels, cloths and sheets shall not be used for more than one patron; provided,
however, heavy white paper may be substituted for sheets provided that such paper
is changed for every patron.
(f) All massage services or practices are prohibited in any cubicle, room, booth or any
area within a massage establishment which is fitted with a door capable of being
locked.
(g) All massage therapists shall wear clean and suitable outer garments whose use are
restricted to the massage establishment, and must wear on such outer garments, at
all times during operation, identification name plates with the license numbers
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provided by the Village.
(h) Separate toilets, dressing room facilities, lockers, steam baths, tubs and showers
shall be provided for each sex.
Sec. 7-84. Conditions and Restrictions of License.
(a) Supervision. A massage establishment shall have the premises supervised at all
times when open for business. A massage establishment shall have at least one (1)
person who has a valid massage therapist license on the premises at all rimes while
the establishment is open for business. The licensee shall personally supervise the
business, and shall not violate, or permit others to violate, any applicable provisions
of this Article. The violation of any provisions by any agent, employee or
independent contractor of the licensee shall constitute a violation of the licensee.
(b) Separate License for Each Premise. Licenses apply only to the premises described
in the application, and in the license issued thereon, and only one location shall be
so described in each license.
(c) Transfer of License. A license shall be a purely personal privilege, effective for a
period not to exceed one (1) year after issuance unless sooner revoked as provided
in this Article, and shall not constitute property. No massage business license is
transferable, separate or divisible, and such authority as a license confers shall be
conferred only on the licensee named therein.
(d) Display of License. The massage business license and all massage therapist
licenses shall be displayed in an open and conspicuous place of the premises to be
licensed.
(e) Books and Records. Every massage business licensee shall at all times keep an
appointment book in which the name of each and every patron shall be entered,
together with the time, date and place of service, and the service provided, as well
as the name of the massage therapist who performed the service provided. Such
books and records shall be available at all times for inspection by the Chief of Police
or his authorized representative.
(f) Alcoholic Beverages, Marijuana, Opioids Prohibited. No person shall sell, give,
dispense, provide or keep or cause to be sold, given, dispensed, provided or kept,
any alcoholic beverage, marijuana or opioids on the premises of any establishment.
(g) Hours of Operation. No massage establishment shall be open for business or in
operation during the hours of 10 p.m. to 6 a.m.
(h) The Chief of Police, any duly authorized police officer or a building and code
enforcement officer of the Village shall have the right to enter the premises for the
purpose of inspecting the premises or operations therein.
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G) The licensee shall undertake all reasonable efforts to ensure compliance with the
provisions of this Article, including but not limited to, cooperation with the
Village's enforcement of this Article and the implementation of robust managerial
programs aimed at the prevention of prostitution.
Sec. 7-85. Prohibited Acts and Conditions.
(a) A patron's sexual or genital area, including the genitals, pubic area, buttocks, anus,
or perineum of any person, or the vulva or breasts of a female, must be covered by
towels, cloths or undergarments when in the presence of a massage therapist or
employee.
(b) It shall be unlawful for any person, intentionally, in a massage establishment, 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, the genital area of another person.
(c) No massage therapist or employee shall perform, offer or agree to perform any act
which would require the touching of the patron's genital area.
(d) No massage therapist shall administer a massage to a patron exhibiting any skin
fungus, skin infection, skin inflammation, or skin eruption unless a physician duly
licensed by the State of Illinois certifies in writing that such persons may be safely
massaged prescribing the conditions thereof.
(e) No licensee, massage establishment, massage therapist, person, or employee of a
massage establishment shall deny, impede, interfere with, prohibit or refuse to
permit an inspection by a police officer or other employee of the Village.
(f) No person other than a massage therapist, as defined by Section 7-78(4) of this
Code, shall administer or perform a massage at a massage establishment.
Sec. 7-86. Suspension or Revocation of License.
In addition to the provisions under Section 1-26 ("Suspension Or Revocation Of Licenses
Or Permits; Refusal To Issue Licenses Or Permits") of this Code, the Village Manager may
deny, suspend, revoke, or refuse to issue or renew, a massage business license for any of
the following reasons:
(a) Any violation by the licensee of any provision of this Article or other ordinance of
the Village relating to the license, the subject of the license or to the premises
occupied.
(b) Any violation by the licensee of any ordinance or law regulating massage
establishments or massage therapists of any other jurisdiction.
(c) Any denial, suspension or revocation of a massage business license or similar
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license issued to the licensee, the licensee's agent, or the massage establishment's
owner, operator or employee by the Village or any other jurisdiction unit of local
government.
(d) If a massage license is revoked for any cause, no massage business license shall be
granted to any person for a period of one (1) year after the date of the revocation
that will allow a massage business to be operated on the premises described in the
revoked license.
(e) Except as otherwise provided by this Section, the provisions of Section 1-26 of this
Code shall govern the issuance, denial, suspension or revocation of this license.
(f) The Village Manager shall have the discretion to deny, suspend or revoke a license
for a single violation of this Article.
Sec. 7-87. Exemptions.
Except as otherwise provided herein, the provisions of this Article do not apply to persons
holding a valid certificate or license to practice medicine, nursing, physical therapy,
occupational therapy, athletic trainer, chiropractic, or other healing arts under the laws of
the State of Illinois, or persons working under the direction of any such licensed persons,
or any barber or cosmetologist lawfully carrying on their respective businesses to the extent
authorized under a valid license or certificate of registration issued by the State of Illinois.
This exemption is not intended for, and does not permit, general massage activities as part
of any barber or cosmetologist business beyond that authorized by their State license or
certification.
Sec. 7-88. Penalties.
Any person found guilty of violating any provisions of this Article shall be fined not less
than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars
($1,000.00) for each offense, and a separate offense shall be deemed committed on each
day during or on which a violation occurs or continues. The license of any person found
guilty of violating any provision of this Article may be denied, suspended or revoked.
SECTION 3: If any section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the
other provisions of this Ordinance.
SECTION 4: This Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate in a
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manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non -preemptive state law, this Ordinance shall supersede state law
in that regard within its jurisdiction.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage
and approval in the manner provided by law; provided, however, that the effective date will not
occur prior to August 1, 2018.
PASSED this 7th day of May , 2018.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 7th day of May , 2018.
ATTEST:
illage Cler c
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Village Pr ,ident
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-18-09
AN ORDINANCE AMENDING CHAPTER 7 ("BUSINESSES"), ARTICLE 14
("MASSAGE ESTABLISHMENTS") TO REGULATE MASSAGE ESTABLISHMENTS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
7th day of Mav , 2018.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
7th day of Mav _, 2018.