A.    A permittee shall be personally responsible for the operation of their business and shall not violate, or permit others under their supervision and control to violate any applicable provisions of this chapter.  The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee as well.  Where the primary business being conducted on the business premises is the rendering of massage services (rather than massage service being an ancillary or collateral business service being provided on the business premises) a permittee shall be responsible to have the premises supervised at all times when opened for business and shall have at least one (1) person who qualifies as a masseur or a masseuse on the premises at all times when the establishment is open for business.

    B.    All employees, including masseurs and masseuses, shall be clean and wear opaque (not translucent and not transparent) outer garments covering the sexual areas. The use of garments worn by masseurs or masseuses is to be restricted to the massage establishment. Any person applying or administering massages shall, while so administering massages, be clad from the shoulders to the knee by a robe, smock or other opaque garment so that the patron or customer shall be protected from bodily contact with the person applying or administering the massage, except for the hands and arms of said person applying or administering the massage.

    C.    The sexual area of patrons must be covered by towels, cloths or undergarments whenever the patron is in the presence of another person, including a masseur, masseuse or employee.

    D.    It is unlawful for any person in a massage

establishment to place his or her hand upon, to touch with any part, clad or unclad of his or her body, to fondle in any manner, or to massage a sexual area of any person.

    E.    No person, including a masseur or masseuse, employee or establishment permittee, shall perform or agree to perform any act which would require the touching of the patron’ s sexual area. It shall be prohibited for any person to massage any other person, or to give or administer any bath or baths, or to give or administer any of the procedures or services set forth in Section 5.24.010 for immoral purposes, or in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires of such other persons.

    F.    No owner or manager of a massage parlor shall authorize or tolerate in his or her establishment any activity or behavior prohibited by the laws of the state of Illinois, or the ordinances of the city, including such laws proscribing acts of prostitution, sodomy, adultery, fornication, or any lewd or obscene act or performance. Any conviction of the manager or of any employee of a massage parlor of a violation of the aforementioned laws and ordinances shall be grounds for suspension or revocation of the permit of the establishment as herein provided.

    G.    No massage establishment granted a permit under the provisions of this chapter 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 that prescribed in Section 5.24.010, or that employees, masseurs or masseuses are dressed in any manner other than that prescribed in subsection A of this section, nor shall any massage establishment indicate in the text of such advertising that any services are available which are prohibited by this chapter, or other than those services described in Section 5.24.010.

    H.    Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers or cabinets.

    I.    Eating in the massage work areas shall not be permitted. Animals, except for seeing eye dogs, shall not be permitted in the massage work areas.

    J.    No masseur shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruptions unless a physician duly licensed by the state of Illinois certifies in writing that such person may be safely massaged and prescribing the conditions thereof.

    K.    Each masseur shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage to each patron.

    L.    All massages and services rendered by the permittee, its agents, employees, and masseurs, shall be done exclusively at the massage establishment for which a business permit has been issued by the city and may not be performed off the premises of the massage establishment.

    M.    All persons who are to perform the services of a masseur or masseuse at a massage establishment, shall first undergo a physical examination for contagious and communicable diseases, which shall include a recognized blood test for syphilis, a culture for gonorrhea and test or tests which will demonstrate freedom from tuberculosis, all of which are to be made and interpreted by a licensed physician acceptable to the chief of police as well as such other tests done in a laboratory, as may be necessitated by the above examination. All such persons shall then furnish to the chief of police a certificate based upon the applicant’ s physical examination and issued within thirty (30) days of such examination, signed by a physician duly licensed by the state of Illinois and stating that the person examined is either free from any contagious or communicable disease or incapable of communicating any of such diseases to others by close physical contact. Such persons shall undergo the physical examination referred to above and submit to the chief of police the certificate required herein prior to commencement of their employment and at least once every six months thereafter. For the purpose of this chapter, a "communicable disease" shall be defined by the Illinois Department of Public Health in Circular 5000, as amended and revised, which constitutes part of the rules and regulations promulgated by the Department, pursuant to the authority of the Public Health Act of the state of Illinois. (Ord. 1414 § 1 (part), 1996: prior code § 7-6-14)