Section 527.300  Indoor Physical Fitness Facility

a)         For the purposes of this Part, the term "physical fitness facility" or "facility" includes any indoor establishment that meets all of the following requirements:

1)         In whole or in part, is owned or operated by a private person or by a park district, municipality, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school.

2)         Is supervised by one or more persons, other than maintenance or security personnel, employed by the private person, unit of local government, school, college, or university for the purpose of directly supervising the

physical fitness activities taking place at any of the indoor facilities listed in this subsection (a).

3)        Any other indoor establishment, whether public or private that provides services or facilities focusing primarily on cardiovascular exertion.  (Section 5.25 of the Act)

4)         Serves a total of 100 or more individuals. The number of individuals served by a facility shall be determined by the greater of:  the seating capacity; the capacity of the facility under applicable fire code, pool, or similar standards; or the number of members of the facility.  The number of members of the facility includes the complete facility membership, whether or not these members are present at the facility at the same time.

5)         Is a swimming pool; stadium; athletic field; track and field facility; tennis court; basketball court; volleyball court; aerobics studio; dance studio; boxing gym; martial-arts or self-defense studio; wrestling gym; weight-lifting facility; treadmill or stationary bicycle facility; velodrome; racquetball court; gymnastics facility; or any other indoor establishment focusing primarily on cardiovascular exertion where participants engage in relatively continuous active physical exercise that uses large muscle groups and that substantially increases the heart rate.

b)         For the purposes of this Part, the term "physical fitness facility" or "facility" does not include:

1)         A facility serving less than a total of 100 individuals;

2)         An outdoor facility;

3)         A facility located in a hospital or in a hotel or motel;

4)         Any facility that does not employ any persons to provide instruction, training, or assistance for persons using the facility  (Section 5.25 of the Act);

5)         Yoga studios; driving ranges; bowling lanes; putting greens; batting cages; or other facilities where participants do not focus primarily on cardiovascular exertion by engaging in relatively continuous active physical exercise that uses large muscle groups and that substantially increases the heart rate.