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HomeMy Public PortalAboutOrdinance 3544VILLAGE OF PLAINFIELD ORDINANCE NO. 3544 AN ORDINANCE ENACTING CHAPTER 4, ARTICLE XIV OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Regulating Massage Establishments ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD THIS 7TH DAY OF FEBRUARY 2022. Published in pamphlet form by the authority of the President and Board of Trustees of the Village of Plainfield, Will and Kendall Counties, Illinois, this 8th day of February 2022. ORDINANCE NO. 3544 AN ORDINANCE ENACTING CHAPTER 4, ARTICLE XIV OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Regulating Massage Establishments WHEREAS, pursuant to the laws of the State of Illinois, the Village of Plainfield ("Village") has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and protect the public health, safety and welfare of its citizens; and WHEREAS, the Village's Code of Ordinances (the "Code") currently regulates the licensing of businesses within the Village; and WHEREAS, the Village President and Board of Trustees ("Village Board") have determined it necessary to modify Chapter 4 of the Code to enact Article XIV to further regulate massage establishments. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, as follows: SECTION ONE. That the facts and statements contained in the Preamble to this Ordinance are found to be true and correct and are hereby adopted by this reference as if fully set forth herein. SECTION TWO. That Chapter 4, Article XIV of the Code entitled "Massage Establishments", be and hereby is enacted as set forth in Section Three below. SECTION THREE. Sec. 4-490. Title and Application. This article shall be known as the Village of Plainfield Massage Establishment Ordinance. (Ord. No. ; eff. Sec. 4-491. Definitions. The following words and phrases, wherein used in this article, shall have the meanings respectively ascribed to them by this section, as follows: Licensed massage therapist. An individual licensed by the Illinois Department of Financial and Professional Regulation. License. A business license issued by the Village pursuant to this article. Massage. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft tissues of the body with the hands or with aid of any mechanical, electrical apparatus or appliances 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 used in the massage therapy practice. Massage establishment. Any establishment having a source of income or compensation derived from the practice of massage as defined in the massage definition above, and which has a fixed place of business where any person engages in, or carries on, or permits to be engaged in or carried on, any of the activities or practices of massage as defined in this article. Patron. An individual who receives a massage under such circumstances that it is reasonably expected he or she will pay money or give other consideration therefor. Person. Any individual person, firm, corporation, partnership, limited liability company or association. Sexual or genital area. The genitals, pubic area, buttock, anus or perineum of any person; or the vulva or breasts of any female. (Ord. No. ; eff. Sec. 4-492. License required. It shall be unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises in the Village, the business of operating a massage establishment without having first obtained a valid and current business license issued by the Village. A separate business license shall be required for each massage establishment location regardless of whether multiple establishments are operated by the same person/licensee. (Ord. No. ; eff. Sec. 4-493. Limitations and restrictions on issuance and renewal of business license by massage establishments. In addition to the provision of the Code related to business licensing, the Chief of Police, or his designee, shall complete a background investigation of all persons seeking to operate a massage establishment in the Village, including all employees and/or prospective employees of the massage establishment. No business license shall be issued to, or renewed to, a massage establishment when: a. The applicant or its duly authorized agent, or any of the applicant's members, managers, officers, directors, limited partners, general partners, or any person(s) acting as managers or assistant managers or other persons principally in charge of the operation of the massage establishment has plead guilty to or has been found guilty of any of the following offenses: 1. Any offense involving sexual misconduct with children or other sex offenses as defined in 720 ILLS 5/1-1 et seq., as amended. 2. Any felony based upon conduct or involvement in such related business activity or similar business activity, within the past ten (10) years. 3. Any felony unrelated to conduct or involvement in such related business activity or similar business activity, but which felony involved the use of a deadly weapon, traffic in narcotic drugs or controlled substances, or violence against another person, including criminal sexual assault or other sexual misconduct, within the past ten (10) years. 4. Any misdemeanor or licensing ordinance violation by any state or other unit of local government based upon conduct or involvement in such related business activity or similar business activity, within the past five (5) years of the date of the applicant's business license application, including but not limited to, the denial, suspension or revocation of a business or occupational license by any state or other unit of local government within five (5) years of the date of the applicant's business license application. b. The applicant was issued a license under this article and the business license has been revoked for cause or the applicant has plead guilty or has been found guilty of a violation of any provision of this article. c. The applicant, when at the time of application for renewal of any business license issued hereunder, would not have been eligible for such license upon a first application. d. The applicant is under eighteen (18) years of age. e. The applicant was previously convicted of any other criminal offense involving dishonesty, fraud, deceit or moral turpitude within five (5) years of the date of the application. f. The applicant knowingly made or provided false, misleading or fraudulent statements or information to the Village, or failed to disclose information required in the business license application. The applicant's place of business is conducted by a manager who does not possess the professional and licensing qualifications required of the licensee. g. h. The applicant is not an owner or a beneficial owner of the massage establishment to be operated by the licensee. i. The applicant is a partnership and any general partner(s) thereof, or any limited partner(s) owning any interest in such partnership has plead guilty to or has been found guilty of any of the offenses listed in this article. The applicant is a corporation or limited liability company, and any officer, manager or director, or any member(s) or stockholder(s) owning any of the interest and/or stock of such limited liability company or corporation has plead guilty to or has been found guilty of any of the offenses listed in this article. k. The applicant is a corporation not incorporated in Illinois or qualified as a foreign corporation under the Illinois Business Corporation Act 805 ILCS 5/1.01 et seq., to transact business in Illinois. I. The premises in which the massage establishment is to be operated is not in compliance with all applicable codes and ordinances of the Village, any applicable health code, or codes of the applicable fire protection district, including but not limited to zoning, building and life safety codes. (Ord. No. ; eff. J. Sec. 4-494. Revocation or suspension. The Village President or his designee may suspend or revoke the business license issued to a massage establishment for any of the reasons identified in section 4- 431 of the Code, and may also revoke the business license for any of the additional reasons: a. The licensee violated or is not in compliance with one or more provisions of this article, and the licensee's business license has been previously suspended. b. The licensee knowingly allowed prostitution and/or human trafficking, as defined by the Illinois Criminal Code, on the premises. c. The licensee knowingly conducted or allowed to be conducted massage activities in the Village during a period of time when the licensee's license was suspended. d. On two (2) or more occasions within a 24 -month period, a person(s) committed a violation of the provisions of this article which substantially occurred in or on the licensed premises, and the person(s) were employees, agents and/or representatives of the licensee at the time the violations occurred. e. The licensee or its authorized employee, agent or representative knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, bestiality, prostitution, flagellation or human trafficking to occur in or on the licensed premises. f. The licensee or its authorized employee, agent or representative knowingly advertises for the providing of services within the massage establishment which are unlawful. Any suspension or revocation of the licensee's business license shall not preclude prosecution and/or imposition of other penalties provided for in other applicable provisions of this article or other ordinances of the Village. The licensee shall be deemed to have actual or constructive knowledge of any violations if they occur on the licensed premises by any person(s) acting as an agent for or otherwise receiving compensation from the licensee. Sec. 4-495. Operating requirements. a. Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition. b. Price rates for all massage services shall be prominently posted and/or pricing sheets shall be available for review to all prospective patrons, at the front desk and in the massage treatment areas. A placard must also be posted and visible in the massage treatment area or in a location available to all prospective patrons advising: "No massage services other than those posted or listed on a pricing sheet available for customer review shall be provided for any compensation whatsoever. There shall be no bargaining or solicitation for massage services between patrons, massage therapists, and/or employees." c. All employees, including licensed massage therapists, shall be fully covered by wearing clean, nontransparent outer garments, completely covering the sexual and genital areas. d. The licensee shall not place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any massage services. e. The sexual or genital areas of patrons shall be completely covered at all times when in the presence of an employee of the massage establishment or any licensed massage therapist. f. No massage establishment licensed under the Code shall knowingly permit any person to remain in or upon the licensed premises who commits any act of public indecency or obscenity as provided in the Code or as provided in the Illinois Criminal Code. g. Each massage establishment shall operate in compliance with all applicable local, state and federal laws and regulations, including but not limited to, any such laws and regulations relating to discrimination based on race, color, religion, national origin, gender, disability or age. h. No massage establishment shall knowingly permit any person(s) to occupy the licensed premises as a residence or otherwise permit residency at the licensed premises, at any time, unless the massage establishment is authorized as a home occupation by the Village. (Ord. No. ; eff. ) Sec. 4-496. Manager/employees/persons on premises. At all times during the operation of a massage establishment, while massage activities are taking place, there shall be present a manager, assistant manager or other person(s) principally in charge of the operations of the licensee, and a licensed massage therapist, each of whom shall not be less than eighteen (18) years of age. A licensed massage therapist may also serve as a manager, assistant manager or person principally in charge. No massage establishment shall employ or permit any person on the licensed premises who is less than eighteen (18) years of age. (Ord. No. ; eff. ) Sec. 4-497. Alcohol prohibited. 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 and no massage establishment shall be located on any premises for which a license to sell alcoholic liquor has been issued. (Ord. No. ; eff. ) Sec. 4-498. Hours of operation. Licensed massage establishments shall only be open for business or in operation between the hours of 8:00 a.m. and 9:00 p.m. (Ord. No. ; eff. ) Sec. 4-499. Employment of massage therapist. No person shall employ as a massage therapist any person unless said person is a properly licensed massage therapist pursuant to Illinois law, including but not limited to the Massage Licensing Act, 225 ILCS 57/1 et seq., as amended. (Ord. No. ; eff. ) Sec. 4-500. Inspections. When inspections of the premises used for or in connection with the operation of a licensed massage establishment are required by this article, or any ordinance of the Village, or are reasonably necessary to ensure compliance with the provisions of any ordinance or regulation of the Village, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to admit thereto for the purpose of making the inspection, any officer or employee of the Village who is duly authorized to make such inspection at any reasonable time that such admission or entry is requested. It shall be unlawful for any licensee to fail to allow the Village access to the premises or to hinder an inspection in any manner. (Ord. No. ; eff. Sec. 4-501. Name and place of business. No person granted a business license for a massage establishment shall operate the massage establishment under a name not specified in the license, nor shall the business be conducted under any different designation or at any location not specified in the business license. (Ord. No. ; eff. Sec. 4-502. Exemptions. The provisions of this article shall not apply to any units of government, hospitals or nursing homes or for any individual while engaged in the personal performance of their respective professions provided such individual maintains an unrevoked certificate to practice the healing arts under the laws of this State, including but not limited to, physicians, surgeons, chiropractors, osteopaths, physical therapists, nurses, paramedics, state registered athletic licensees who administer athletic related massages in the normal course of training duties, or to those working under the direction of any such individuals in any such units of government, hospitals or nursing homes. (Ord. No. ; eff. Sec. 4-503. Unlawful acts. a. It shall be unlawful for any individual in a massage establishment to knowingly place his or her hand(s) upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital area or part of any other person. b. It shall be unlawful for any individual in a massage establishment to knowingly allow a patron of the massage establishment to place his or her hand(s) upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital area or part of any licensed massage therapist, other employee, or other person present at the massage establishment. c. It shall be unlawful for any individual in a massage establishment, to expose his or her sexual or genital area or part, or any portion thereof, to any other individual. d. It shall be unlawful for any individual while in the presence of any other individual in a massage establishment, to fail to conceal with a fully opaque covering, the sexual or genital area or part of his or her body. e. It shall be unlawful for any individual owning, operating, or managing a massage establishment, to knowingly cause, allow or permit in or about such massage establishment any agent, employee, or any other individual under his control or supervision to perform any acts deemed to be unlawful by the provisions in subsections (a), (b), (c) and (d) of this section. f. It shall be unlawful for any person who holds a business license to operate a massage establishment within the Village, to fail to comply with any of the conditions and regulations set forth in this article. (Ord. No. ; eff. Sec. 4-504. Public nuisance. Any location used as a massage establishment in violation of this article is hereby declared to be a nuisance. (Ord. No. ; eff. Sec. 4-505. Violations. Violations of this article may be enforced in accordance with the provisions of the Code. A separate offense shall be deemed committed on each day during or upon which a violation occurs or continues. (Ord. No. ; eff. SECTION FOUR. That any Village Ordinance, or part thereof, in conflict with the provisions of this Ordinance is, to the extent of such conflict, expressly repealed. SECTION FIVE. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. SECTION SIX. This Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as required by law. SECTION SEVEN. This Ordinance shall be numbered as Ordinance No. 3544. PASSED the 7th day of February 2022. AYES: Wojowski, Benton, Calkins, Kalkanis, Ruane NAYS: None ABSENT: Larson APPROVED this 7th day of February 2022. John F. Argoudelis Village President ATTESTED AND FILED IN MY OFFICE: Michelle Gibas Village Clerk