§ 22-102. Standards applicable to massage therapy establishments and massage therapists.

(a)

All premises of massage therapy establishments shall be subject to unannounced periodic inspections by the village through its duly authorized officers, agents and employees; and all licensees shall allow any such officer, agent or employee to perform such inspections.

(b)

The premises shall conform to all village building code requirements and shall be maintained in a clean and sanitary condition at all times.

(c)

All equipment used in connection with the provision of massage therapy services shall be maintained in a clean and sanitary condition at all times.

(d)

All areas where massage therapy is provided shall be well lighted at all times that services are being provided. A massage table shall be utilized at all times to administer massage therapy, and beds may not be used for such purpose.

(e)

Services shall not be rendered in any cubicle, room, booth or other individual service area which is equipped with any type of locking door. The premises of a massage therapy establishment shall not be equipped with any type of internal warning system usable to alert persons in other portions of the premises in which the establishment is located.

(f)

Massage tables, wet and dry heat rooms, saunas, hot tubs, whirlpools, shower compartments or bathing facilities, and toilet facilities must be maintained in a clean and sanitary condition at all times and must be cleaned, minimally, at least daily and shall be cleaned thoroughly after each use, if necessary to maintain a sanitary condition. Customers shall be supplied with clean linens and towels.

(g)

Oils, creams and similar preparations shall be properly stored in clean and sanitary containers.

(h)

Each massage therapist shall wash his hands with disinfectant soap in hot running water after each massage given.

(i)

Food or alcoholic beverages shall not be consumed in massage work areas. No person on the premises of a massage therapy establishment shall be in possession or control of a controlled substance or narcotic drug other than drugs which can be purchased over the counter without prescription or those for which the person has a prescription. Massage therapy shall not be administered by or to any person who is in an intoxicated state or who is under the influence of alcohol, a controlled substance, or narcotic drugs (unless such drugs have been prescribed by a licensed physician).

(j)

No massage shall be given or administered to any person with an infectious disease transmittable by touching. A massage therapist who is suffering from any infectious or contagious disease shall not administer or give massages while so infected.

(k)

Massage therapy shall not be given or administered prior to 5:00 a.m. or after 10:00 p.m. each day.

(l)

All massage therapists and employees of a massage therapy establishment shall at all times be clean and neat and shall wear clean outer garments and be modestly attired. Employees shall not render massage therapy services.

(m)

No person under the age of 18 years may be employed in a massage therapy establishment, and no person under the age of 18 years may give or administer massage therapy. No person under the age of 18 years shall be permitted within a massage therapy establishment unless accompanied by the person's parent or guardian.

(n)

The genitals of all patrons must be covered at all times by towels, sheets or clothing while in the presence of any employee or massage therapist and during any massage therapy. There shall be no contact by any massage therapist or employee with the genitals of any patron.

(o)

No massage therapy establishment, massage therapist or employee shall knowingly permit, harbor, admit or receive any person engaged in prostitution on or about the premises of the massage therapy establishment.

(p)

No massage therapy establishment, massage therapist or employee shall issue or distribute any advertising material in connection with the massage therapy service which portrays any part of the human body which reasonably suggests that any services are rendered other than massage therapy.

(q)

All massage therapy establishments and massage therapists shall at all times maintain liability insurance coverage, which shall include errors and omissions coverage, of not less than $1,000,000.00 per occurrence and $3,000,000.00 aggregate which shall be applicable to the establishment premises and the massage therapists employed by or rendering massage therapy services in affiliation with the massage therapy establishment.

(r)

No massage therapy establishment or massage therapist shall advertise any massage therapy services on an outcall or off-premises basis. Any massage therapy services rendered on an outcall basis within the village shall only be in conjunction with a licensed massage therapy establishment, and the standards of this section shall apply to the provision of such services. Outcall services shall not be rendered from any motor vehicle, trailer or other mobile facility.

(s)

No massage therapy establishment shall be located within 100 feet of any other massage therapy establishment within or without the village; and no massage therapy establishment shall be located closer than 100 feet from any public or private elementary, middle, junior or high school, or any church or synagogue.

(Ord. No. 49-96, § 1(52.107), 12-18-1996)