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HomeMy WebLinkAbout03/28/1992 VB minutes MINUTES OF THE SPECX~%L HEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PP~BPECT )~R~ 28~ 1992 CALL TO ORDER CALL TOORDER This meeting was continued from the March 17 regular Board meeting and the March 24 Special Meeting. Mayor Farley called the meeting to order at 10:33 a.m. to consider the appeal by the business owner of the Sports Health Spa, a.t 1657 South Busse Road of the decision of the Village Manager to revoke the Business License. ROLL CALL Mayor Farley called the roll. Present upon roll call: Mayor Gerald Farley Trustee George Clowes Trustee Timothy Corcoran Trustee Leo Floros Trustee Paul Hoefert Trustee Irvana Wilks Absent: Trustee Mark Busse In addition, attorney Everette Hill for the Village, attorney Ben Goldwater for the owner, Village Manager Dixon and two print media representatives were in attendance. CONSIDERATION OF APPEAL APPEAL After opening the Special meeting, Mayor Farley stated SPORTS HEALTH that the purpose of the meeting was to hear the appeal SPA ~.of the revocation of the Business License of the Health Spa. He then gave a history of the events leading up to the reason for this continued special meeting. The MaYor then requested comments on the revocation by Mr. Ben Goldwater who was present as the attorney for the licensee. Mr. Goldwater first showed clothing worn by personnel that was requested at the last meeting he attended. He then reviewed the Deposition by Deputy Sheriff Beinarauskas and argued that it would be improper to revoke the license for the following reasons: 1.No act of prostitution tOok place at the massage parlor. 2.No solicitation for prostitution took place. 3. The owner did not have adequate command of the English language for the presentation of her case at the Hearing before the Village Manager. 4. Under any circumstances, the penalty of revocation was far too harsh for any alleged wrongdoing that might have occurred. 5. Taking away of the livelihood of the owner would be unconscionable action since there was no prostitution act that took place. 6. Mr. Goldwater also requested that the business owner be given a second chance. Mr. Hill, the attorney for the Village Manager responded. He indicated that the issue was not whether prostitution took place. The issue is in regards to our Code as to why the Business License should be revoked. He then read the Statute defining prostitution to the Board and argued that the facts fit the definition. He next read the section of the Village Code under which the licensee was revoked and argued that the Manager was not required to find that the act of prostitution occurred in order to revoke the license but merely a that a matter concerning the health, welfare and safety of the community occurred. Mr. Hill indicated that a second chance would not be appropriate in this matter and also asked that the Board support the Village Manager's decision. Mr. Hill indicated that Mr. Goldwater suggested that money was not exchanged for the act, therefore, it should not be classified as a sex act. Mr. Hill indicated that what toOk place was definitely a sex act. Mr. Hill then indicated that the Village Manager only needs to be satisfied that there was a menace to health, welfare and safety of the community and the Manager indicated he felt this was not the kind of activity that should be given a second chance. He further indicated that in the testimony of the owner, she was not a neophyte to this kind of activity and'it was clear and shown in her testimony that she was a bad manager and actually allowed the person who committed this act to continue working for her after the Hearing. Attorney Goldwater replied as follows: Mr. Goldwater then indicated the touching of the investigative officer's genital was probably accidental according to the evidence. The eVidence further showed that the owner had run a clean and healthful business and had not given the Village any previous problems. He further argued that the facts did not fit the Statutory definition since there was no additional money paid for a sexual activity. He concluded by stating that the Cook County State's Attorney had dismissed the criminal case because the evidence did not show any unlawful activity. The owner also indicated in testimony that there was no admission whether the act tOok place or not. In good conscience, the Village Board should not adhere to the Village Manager's decision. Attorney Hill then replied that the evidence from the transcripts indicated there was far more than an accidental touching of genitals and that Mr. Goldwater's argument misstated the facts on that issue. In fact, the transcripts indicated that the masseuse actually returned a second time to manipulate the penis of the officer. This 'was clearly not an accidental touching. A Motion was made to uphold the decision of the Village Manager by Trustee Hoefert, with a second by Trustee Corcoran. The Mayor then asked if there were any questions from Board members. Trustee Clowes indicated he would normally give a business a second chance but in this case the owner has indicated that she felt she had been caught concerning the sexual act. In fact, the owner indicated this is something that sometimes happens. The owner's established management practices were not good enough. Trustee Wilks then indicated that she had cOntacted the Director of the YMCA to determine actions that the YMCA would take if a masseuse were accused of similar activity. She called them because she was aware that they are a local business that also has a masseuse that gives massages. The Director stated that the person would have been terminated immediately if there were even a hint of an improper act. Furthermore, when massages are given at the YMCA, they are given by people of the same sex and Pa§e 2 - March 28, 1992 hey are not aware of this activity being done at any Y. Trustee Wilks further stated that taking away of the livelihood was not of the Village's making but of the owner's making. Furthermore, she believed the evidence indicated this type of activity had happened previously at the Sports Health Spa and that the owner had been aware of it. Mayor Farley, after finding no further information or questions, then called for the vote of the Motion to uphold the Village Manager's decision. The vote was unanimously approved with 6 ayes including the vote of Mayor Farley. ADJOURNN~NT ADJOURN Mayor Farley adjourned the meeting at 10:55 a.m. John Fulton Dixon Village Manager Page 3 - March 28, 1992