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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. 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 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the holder of a license or permit, either to operate a massage establishment or to act as a massage therapist, which was revoked for cause or misconduct, whether under the ordinances of the Village or the laws or ordinances of any other state or municipality.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, JKS 145236 . 2 September 10, 1997 2 ORDINANCE NO. 0-97- 41 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 JKS 145236 .2 September 10, 1997 4 ORDINANCE NO. 0-97- 41 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 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 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. JKS 145236 . 2 September 10, 1997 6 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 JKS 145236 . 2 September 10, 1997 8