§ 18-233. Sanitation and operating requirements.

(a)

Sanitation and safety requirements. No bodywork establishment shall receive a license or be operated, established or maintained unless the establishment shall comply with each of the following minimum regulations:

(1)

Every portion of the bodywork establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

(2)

All massage or bodywork tables, bathtubs, shower stalls, steam or bath areas, lavatories and floors shall have surfaces which may be readily disinfected, shall be in good repair and maintained in a clean and sanitary condition.

(3)

Toilet facilities shall be provided within the bodywork establishment and otherwise comply with occupancy requirements. Lavatories shall provide both hot and cold running water and shall be installed in the toilet room. Lavatories shall be provided with soap and a dispenser and with sanitary towels.

(4)

Clean, laundered sheets and towels in sufficient quantity shall be laundered after each use thereof. Closed cabinets shall be provided and used for the storage of clean linens, towels and other materials used in administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which container or cabinets shall be kept separate from the clean storage area.

(5)

The community development director and/or fire chief shall certify that the proposed bodywork establishment complies with all requirements of section 18-233(a) and that the premises meets all applicable codes and ordinances of the city relating to building, zoning and fire safety. Said certification shall be filed with the city manager.

(b)

Operating requirements. All licensees engaged in the business of bodywork establishments shall abide by the following requirements:

(1)

Supervision. The premises of the bodywork establishment shall be supervised at all times when open for business. Any establishment providing massage services shall have at least one person who is a licensed massage therapist on the premises at all times while the establishment is open. The licensee shall personally supervise the business, or shall delegate such supervisory responsibility to a manager whose name is listed on the bodywork business license and shall not violate, or permit others to violate, any applicable provisions of the chapter. The violation of any provision of this chapter by any agent or employee of the licensee shall constitute a violation by the licensee.

(2)

Sanitary conditions. Every portion of the bodywork establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition as required by section 18-233(a) of this article.

(3)

Employee dress code. All bodywork establishments shall require their employees, agents and independent contractors to wear clean, nontransparent outer garments covering the sexual and genital areas while on the premises and no bodywork establishment shall allow its employees, agents, and independent contractors to disrobe, or offer or agree to disrobe, either wholly while in the presence of an individual receiving bodywork services. Any such failure to be or remain clothed, or offer or agree to disrobe, is a violation of this article for which the licensee is strictly liable for purposes of license revocation and suspension.

(4)

Separate license for each premises. Licenses shall apply only to the premises described in the application, and the license issued thereon, and only one location shall be so described in each license.

(5)

Transfer of license. A license shall be a purely personal privilege, effective for a period not to exceed one year after issuance unless sooner revoked as provided in this chapter, and shall not constitute a property interest. No bodywork establishment license is transferable, separate or divisible, and such authority as license confers shall be conferred only on the licensee named therein.

(6)

Minors. No establishment or person licensed under the provisions of this chapter shall permit any person under the age of 18 to be employed in any capacity performing bodywork or bodywork services. Persons under the age of 18 may be employed by the bodywork establishment in positions that do not require physical contact with the patrons, including, but not limited to administrative, clerical, janitorial or maintenance positions. Persons under the age of 18 may patronize the establishment only with the presence or written consent of their parent or legal guardian.

(7)

Alcoholic beverages prohibited. No person shall sell, give, dispense, provide, keep, possess or consume, or cause to be sold, given, dispensed, provided, kept, possessed or consumed, any alcoholic beverage on the premises of any bodywork establishment without a valid liquor license, and no liquor shall be sold, offered or consumed in the rooms in which bodywork services are performed unless the room is open to the public. No licensee, manager or person in charge of a bodywork establishment shall permit a person impaired by intoxicating liquor or drugs to enter or remain in a bodywork establishment, or to provide or receive bodywork services.

(8)

Solicitations prohibited.

a.

No bodywork establishment or person in connection therewith shall place, publish or distribute, or cause to be placed, published or distributed, any advertisement, picture, or statement in any manner and in any medium of advertisement which is known to be false, deceptive or misleading in order to induce any person to purchase or utilize any bodywork services, or which reasonably appears to suggest or imply any sexual activity in connection with bodywork or other services or which appear on any adult website or website or other platform that is known to advertise pornographic, sexual or similar services or products.

b.

No bodywork establishment shall allow its employees, agents and independent contractors to touch, or offer or agree to touch, the sexual or genital area of any person while on its premises and any such touching, offer or agreement is a violation of this article for which the licensee is strictly liable for purposes of license revocation and suspension; provided, however, that clinical massage therapy for post-mastectomy scar tissue, including myofascial release therapy, or of therapeutic treatment of breast tissue and muscles for pre-and post-surgical mastectomy, lumpectomy, or breast reconstruction, clinical perineal massage therapy for pregnant women to ease the pain of childbirth; or clinical lower abdominal massage therapy to relieve menstruation related pain are not prohibited.

c.

Every bodywork establishment shall provide prospective customers with written notice stating:

State law prohibits soliciting another for the purpose of a sexual act. Solicitation can be punishable as a Class 4 felony, subjecting an offender to fines and imprisonment, and impoundment of any vehicle used by the offender to commit the offense. We immediately report all offers or requests to buy sexual services to law enforcement.

d.

Every bodywork establishment shall post, in a conspicuous location accessible to all employees, written notice stating:

State law prohibits soliciting another for the purpose of a sexual act. Solicitation can be punishable as a Class 4 felony, subjecting an offender to fines and imprisonment, and impoundment of any vehicle used by the offender to commit the offense. You can report all offers or requests to buy sexual services to law enforcement by contacting the Peoria Police Department at [phone] or by calling 911.

(9)

Hours of operation. No portion of any business premises used in any way for or by a bodywork establishment shall be kept open for any purpose between the hours of 10:00 p.m. and 6:00 a.m. of the following day.

(10)

Residence prohibited. No one shall reside in the bodywork establishment, and no one shall be allowed to remain overnight in the bodywork establishment premises. This prohibition is not intended to prohibit anyone from living in a separate portion of a commercial building that is zoned and authorized for residential use or from conducting bodywork services out of private residential property that is zoned for residential use and is being used in compliance with zoning laws.

(11)

Visibility. All bodywork establishments are required to have and maintain clear glass, which is not painted over, darkened or blocked by any cloth or obstruction at the entrance to such establishment so that the front area where patrons are greeted is clearly visible from the outside. Any bodywork establishment located in a facility that does not comply with this requirement is to notify community development in writing.

(12)

Business records. All licensees shall maintain, as a business record of the licensed bodywork establishment, a record of (i) the date and time of all bodywork services at the premises; (ii) the person giving such services, (iii) the amounts received for such services. The record of the date, time and service provider must be made before services are initiated and the record of the amount received must be made at the time the payment is made. Such a record for the past year's services shall be available at the premises, in a format that can be inspected at any reasonable time upon request by the city manager.

(c)

Employment of licensed massage therapist.

(1)

Bodywork establishments may not employ or contract with any person as a massage therapist who does not hold a current, valid licensed issued by the Illinois Department of Financial and Professional Regulation, as required by the Massage Licensing Act, 225 ILCS 57/1 et seq.

(2)

Each bodywork establishment shall maintain a current listing of all licensed massage therapists who perform massage services at the site of the establishment and proof of their valid and current Illinois licensure in the form of (i) a copy of the massage therapist license issued by the Illinois Department of Financial and Professional Regulation and (ii) a copy of a state-issued photo identification for each massage therapist licensee. The massage therapist must allow inspection of such records at any reasonable time upon request by the city.

(3)

No licensee may allow a non-licensed massage therapist to perform massage therapy at the bodywork establishment, and no student or other unlicensed person may be permitted in a bodywork therapy room with a patron of the bodywork establishment, except where a licensed massage therapist is present in the room at all times.

(d)

Employment age restrictions. It shall be unlawful for any owner, proprietor, manager, or other person in charge of any bodywork establishment to employ any person who is not at least 18 years of age.

( Ord. No. 17571 , § 1, 4-24-18)