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HomeMy WebLinkAbout3. New Business 02/08/2011Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM ni TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ASSISTANT VILLAGE MANAGER DATE: FEBRUARY 3, 2011 SUBJECT: MASSAGE BUSINESS REGULATIONS In the past several years the Village has experienced several massage business operations that did not retain a legitimate business model and were shuttered due to criminal activities. The effort to investigate and ultimately cancel the business license requires extraordinary effort on the part of law enforcement. In order to provide some additional tools to law enforcement, Village staff has undertaken a general discussion to modify the existing massage therapist ordinance. However, the state of Illinois has preempted the Village by licensing massage therapist so the Village has limited options regulating massage activities within the community. Discussions with the Village Attorney in attempting to craft an ordinance that could add some law enforcement tools created a number of unique questions. Staff felt it would be worthwhile to have more of an open discussion with the Village Board before too much additional Staff effort was undertaken and to confirm proper direction. Below are the thoughts /questions Staff has determined to be discussed before proceeding with a draft ordinance. 1. Since massage therapists are licensed by the state should these therapists prominently display their license and be prepared to confirm licensure upon request of law enforcement personnel? Should the same standard be applied to businesses that have contract massage therapists as a component of their business model instead of the sole purpose of their business? There are potential issues with application of the ordinance with establishments with business license compared to business certificates. Businesses that are subject to regulation by the state (i.e. beauty shop, etc.) are inspected through the Village's business certificate program to ensure the business is maintained in a safe manner for public patronage. 2. Staff desires to create reasonable regulations that discourage illegal activity without harming the establishments that are operating within the law. Staff is considering some facility restrictions that could make the opportunity to Re: MASSAGE BUSINESS REGULATIONS February 3, 2011 Page 2 undertake illegal activity more expensive from a business overhead standpoint. Also create an employee registry and state license holders working at a massage business for ready inspections. 3. General operational parameters would prohibit persons under 18 from working and patronizing massage establishments. Alcohol would be prohibited from being on site for any reason. The hours of operating would be limited to between 8:00 a.m. to 10:00 p.m. and no out call appointments set up through the massage establishment. 4. A legacy regulation would prohibit a business that is shuttered due to illegal activity a new massage business could not operate at the same location for a specified period of time. The Committee of the Whole meeting on February 8, 2010, is intended to be more of a free form discussion among Staff and the Village Board to gather some reasonable enforcement and regulatory ideas prior to drafting an ordinance. Once an ordinance draft has been created it would be recommended that a further discussion take place with massage operators present to their input. Depending on that input and discussion with the Village Board an ordinance would be presented for consideration at that time. Appropriate Village staff and legal counsel will be present to facilitate an open discussion on this issue and potential solutions and impacts resulting from this discussion. DAVID STRAHL H:\VILM \Business License \Massage Business VB Discussion Memo.docx Sterling Codifiers, Inc. EXISTING CODE 02/08/11 23.207: MASSAGE THERAPIST ESTABLISHMENTS: A. Prohibited Acts: Page 1 of 1 1. It shall be unlawful for a massage therapist to touch a patron in the sexual or genital areas which are not covered by towels, clothing, cloths or undergarments. 2. It shall be unlawful for any person while on any premises where massages are given to fondle in any manner, to massage, or to touch with any part of his or her body, a sexual or genital area of any other person. 3. No massage therapist shall perform, offer, or agree to perform any act which would require the touching of the patron's genital area or otherwise by commission or omission perform an unlawful act as defined in 720 Illinois Compiled Statutes 5/11 -14, 5/11 -14.1, 5/11 -15, 5/11 -15.1, 5/11 -16 and 5/11 -17, incorporated herein as now or hereafter amended. 4. No massage therapist shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption, unless a physician duly licensed by the state of Illinois certifies in writing that such person may be safely massaged. B. Penalty: Any person who violates any of the provisions of this chapter shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for each offense; and a separate offense shall be deemed committed each time on each day during or on which violation occurs or is permitted to continue. (Ord. 5406, 1 -20 -2004) http:// www. sterlingcodifiers .com /codebookJgetBookData.php ?section _ id = 504297 &keywor... 2/3/2011