O-97-41ORDINANCE NO. 0 -97- 41
AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 - MASSAGE ESTABLISHMENT
Published in pamphlet form this
15thday of September, 1997
by the President and Board of
Trustees of Deerfield.
JKS 145236 . 2 September 10, 1997
ORDINANCE NO. 0 -97- 41
AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 - MASSAGE ESTABLISHMENT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS AS FOLLOWS:
SECTION That Chapter 7 of the Municipal Code of the Village of Deerfield of 1975,
ONE: as amended, is hereby further amended by adding thereto Article 14 as
follows:
"Article 14. Massage Establishments and Therapists
Sec. 7-78. Definitions.
(a) For the purpose of this Article, the following words and phrases
shall have the meanings respectively ascribed to them:
(1) Certified massage therapist means an individual who has
established the following qualifications:
a. Is at least eighteen (18) years of age.
b. Has a Social Security number and photograph.
Has not, within the preceding five (5) years, been
convicted of:
(i) A felony under the laws of any state or the
United States; or
(ii) An offense set forth in Title III, Part B,
Article 11 (Sex Offenses) of the Illinois Criminal Code, or of the
law of another state or any local ordinance of the Village or other
municipality whose provisions are substantially equivalent to these
provisions of the Illinois Criminal Code; or
(iii) An offense set forth in Title III, Part B,
Article 12, Sections 12 -13 through 12.16.2 of the Illinois Criminal
Code, or of the law of another state or any local ordinance of the
Village or another municipality whose provisions are substantially
equivalent to these provisions of the Illinois Criminal Code.
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AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 - MASSAGE ESTABLISHMENT
d. Has not within the preceding five (5) years been the
holder of a license or permit, either to operate a massage establishment or
to act as a massage therapist, which was revoked for cause or misconduct,
whether under the ordinances of the Village or the laws or ordinances of
any other state or municipality.
e. Can demonstrate professional qualification as a
massage therapist through any one of the following means:
(i) Holds a current license or permit authorizing
the practice of massage services which is issued by any state of the
United States; or
(ii) Holds current professional membership in
good standing with the American Massage Therapy Association
(AMTA) or the Associated Bodywork and Massage Professionals
(ABMP); or
(iii) Has received the designation of "Nationally
Certified" or "Internationally Certified" by the National
Certification Board of Therapeutic Massage and Bodywork or
other massage therapist certifying agency approved by the National
Commission for Certifying Agencies; or
(iv) Has graduated from a massage therapy
training institution providing instruction in massage therapy which
requires a minimum of 100 hours of in- classroom study, and has
been accredited by the American Massage Therapy Association
(AMTA) or the Associated Bodywork and Massage Professionals
(ABMP).
(2) Massage or massage service means any method of
massage, bodywork or somatic therapy which consists of the manipulation of the
muscular structure and soft tissue of the human body, and includes the
administration of pressure on or friction against or stroking, kneading, rubbing,
tapping, percussion, pounding, vibrating or stimulating the external soft tissue of
the body with the hands or with the aid of any mechanical or electrical apparatus
or appliance, with or without such supplementary aids as rubbing alcohol,
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AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 - MASSAGE ESTABLISHMENT
liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar
preparations commonly used in this practice.
(3) Massage establishment means any establishment having a
fixed place of business where any person, firm, partnership, association, or
corporation engages in or carries on, or permits to be engaged in or carried on, any
massage services. A massage establishment shall not include any of the
following:
a. A dwelling where the business providing service is
otherwise in compliance with the applicable provisions of the Zoning
Ordinance governing home occupations; or
b. Out -call massage services; or
C. A primary or secondary school, whether public or
private, licensed by the State of Illinois; or
d. An establishment or institution owned and operated
by a unit of local government; or
e. A hospital, nursing home or sanitarium licensed by
the State of Illinois.
(4) Out -call massage service means any business, the function
of which is to engage in or carry on massages at a location designated by the
customer or client rather than at a massage establishment or as a part of a home
occupation as defined in the Zoning Ordinance.
Sec. 7 -79. Massage Establishments.
It is unlawful for any business licensed under this Chapter which is a
"massage establishment" to permit massage and massage services to be provided
by an employee or other person on the premises of the business unless that person
is a certified massage therapist.
Sec. 7 -80. Massage Therapist Permit -- Availability for Inspection.
JKS 145236 . 2 September 10, 1997
ORDINANCE NO. 0-97- 41
AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 - MASSAGE ESTABLISHMENT
Any certified massage therapist(s) performing massage in a massage
establishment shall be required to have a certified massage therapist permit issued
by the Village. It shall be the obligation of the owner of the business to ensure
that a permit for every massage therapist employed by the business is kept on the
premises of the massage establishment and is kept available for inspection by the
Village at any time during the hours of operation of the business. Failure of the
owner to keep said permit(s) available for inspection shall constitute a basis for
suspension or revocation of the massage establishment's business license.
Sec. 7 -81. Massage Therapist Permit -- Application, Filing, Fee.
Every applicant for a certified massage therapist permit shall file an
application under oath for said permit with the Police Department upon a form
provided by the Chief of Police. There shall be no fee charged for application and
issuance of a certified massage therapist permit.
(a) The application for a certified massage therapist permit shall
contain the following:
(1) The applicant's name (including any alias) and residence
address;
(2) The applicant's Social Security number and driver's license
number, if any;
(3) The applicant's height, weight, and color of complexion,
hair and eyes;
(4) A copy of the applicant's birth certificate or other written
evidence that the applicant is at least eighteen (18) years of age;
(5) A statement as to whether the applicant is not disqualified
as a certified massage therapist based on a conviction of an offense described in
this Chapter, or revocation of a license described in this Chapter;
(6) A statement that the applicant is qualified as a certified
massage therapist as defined in this Chapter, to be accompanied by a copy of the
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AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 - MASSAGE ESTABLISHMENT
applicant's diploma, certificate and/or such other proof of qualification as may be
required.
(b) The Chief of Police shall review the application to verify that the
applicant satisfies all the qualifications required to be a "certified massage
therapist" as defined in this Chapter. Within ten (10) days of receipt of an
application for a certified massage therapist permit in compliance with the
foregoing, the Chief of Police shall either issue the permit to the applicant or shall
deny the application based on the applicant's failure to meet the qualifications of
certified massage therapist. The submission of any false or misleading
information on the application shall be an additional basis for denying the
application. Any such denial shall be in writing and shall state the basis thereof.
(c) An applicant whose application is so denied may appeal the denial
within twenty -one (2 1) days of its date by submitting a written appeal to the
Village Manager, stating therein the reasons why the decision of the Chief of
Police should be overturned. The Village Manager shall issue to the applicant a
written decision on the appeal within fourteen (14) days of receipt of the appeal,
and the decision of the Village Manager shall be final.
Sec. 7 -82. Massage Therapist Permit -- Expiration, Renewal.
Every certified massage therapist permit issued pursuant to this Chapter
shall terminate two (2) years from the last day of the month in which it is issued,
unless sooner suspended or revoked. Thereafter, it shall be the responsibility of
the permit holder to submit an application annually for renewal of the certified
massage therapist permit. Renewals shall be requested on a renewal form to be
provided on request by the Chief of Police. Said renewal shall be valid for a
period of two (2) years unless sooner suspended or revoked, and provided no
change has occurred which would result in the permit holder being disqualified.
Sec. 7-83. Exemptions.
The provisions requiring any individual to hold a certified massage
therapist permit shall 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 working in any
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AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 - MASSAGE ESTABLISHMENT
institutions exempted from the definition of "massage establishment" as provided
in this Chapter.
The provisions requiring any individual to hold a certified massage
therapist permit shall not apply to 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 -84. Public Nuisance.
Any building used as a massage establishment in violation of this
Ordinance with the intentional, knowing, reckless or negligent permission of the
owner thereof, or the agent of the owner managing the building, together with all
fixtures and other property used in violation of this Chapter are hereby declared to
be a public nuisance.
Sec. 7 -85. Out -Call Service Restrictions.
No out -call massage service may be operated other than by a licensed
massage therapist.
Sec. 7 -86. Out -Call Service Registration.
Any massage therapist who provides any of the services listed in this
Ordinance at any hotel or motel must first register his or her name and permit
number with the owner, manager or person in charge of the hotel or motel.
Sec. 7 -87. Advertising Restrictions.
No massage therapist granted a license under the provisions of this
Ordinance 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 authorized massage services.
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ORDINANCE NO. 0-97- 41
AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 - MASSAGE ESTABLISHMENT
Sec. 7 -88. Suspension or Revocation of License or Permit.
The business license of a massage establishment or a certified massage
therapist permit may be suspended or revoked by the Village Manager in the
manner provided in this Chapter for business licenses, generally. In addition to
the basis for suspension or revocation set forth in this Chapter, a certified massage
therapist permit shall be revoked or suspended where it appears that the licensee
or permittee has been convicted of any offense which would be cause for denial of
a license or permit upon an original application, has made a false statement on an
application for a license or permit, or has committed an act in violation of this
Ordinance."
SECTION That this Ordinance shall not affect any prosecution pending or any
TWO: penalty, punishment, forfeiture incurred, cause of action, or rights, powers
or remedies accrued under any ordinance in effect immediately prior to the
effective date hereof.
SECTION That if any section, subsection, paragraph, sentence, clause or phrase of
THREE: this Ordinance or any part thereof is, for any reason, held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions
of this Ordinance, or any part thereof.
SECTION That the Village Clerk is hereby directed to publish this Ordinance in
FOUR: pamphlet form.
JKS 145236 . 2 September 10, 1997 7
ORDINANCE NO. 0-97- 41
AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975 - MASSAGE ESTABLISHMENT
SECTION That this Ordinance shall be in full force and effect from and after its
FIVE: passage, approval and publication in the manner provided by law.
AYES: Ehlers, Heuberger, Swanson, Swartz (4)
NAYS: None (0) .
ABSENT: Rosenthal, Seidman (2)
PASSED: This 15thday of September A.D., 1997.
APPROVED: This 15thday of September A.D., 1997.
ILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK
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