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HomeMy WebLinkAbout8.1 1st reading of AN ORDINANCE IMPLEMENTING A TEMPORARY MORATORIUM ON THE ACCEPTANCE AND APPROVAL OF CERTAIN BUSINESS LICENSES (MASSAGE ESTABLISHMENTS) IN THE VILLAGE OF MOUNT PROSPECTMORA r Item Cover Page Subject 1st reading of AN ORDINANCE IMPLEMENTING A TEMPORARY MORATORIUM ON THE ACCEPTANCE AND APPROVAL OF CERTAIN BUSINESS LICENSES (MASSAGE ESTABLISHMENTS) IN THE VILLAGE OF MOUNT PROSPECT Meeting July 21, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) N Dollar Amount Budget Source Category NEW BUSINESS Type Ordinance Information Following several recent enforcement actions involving existing massage establishments, staff has undertaken a comprehensive review of the Village's regulatory framework governing massage therapy businesses. Staff analyzed fifteen years of licensing, zoning, code enforcement, and police records to evaluate the effectiveness of the Village's current regulations and identify recurring issues associated with massage establishments. Based on that review, staff recommends a six-month moratorium on new massage establishment business licenses to allow time to develop amendments that strengthen licensing requirements, operational standards, inspection authority, and enforcement tools and to reevaluate applicable zoning regulations. Background In 2012, following several criminal investigations involving massage businesses, the Village Board adopted Ordinance No. 6003 establishing a standalone licensing program for massage establishments. The ordinance created enhanced application requirements, criminal background investigations, operational standards, inspection authority, and license suspension and revocation procedures. In 2016, the Village Board adopted Ordinance No. 6246 requiring massage establishments to obtain Conditional Use approval within the B-3, B-41 B-5, and B-5C zoning districts rather than operating as a permitted use. The additional public review process has discouraged some undesirable operators and improved scrutiny of new applicants. While these regulations have strengthened the Village's oversight, recent enforcement cases demonstrate that illegitimate operators continue to obtain licenses by utilizing applicants with clean criminal histories before ownership or operations change after approval. Once a business begins operating, investigations often require extensive coordination between the Police Department, Community Development Department, and outside agencies before sufficient evidence exists to pursue license suspension or revocation. The proposed moratorium coincides with a pending business license application for a massage establishment at 1735 W. Algonquin Road. Because that application was deemed complete prior to the effective date of the proposed ordinance, it will continue to be processed under the regulations in effect at the time of filing. The proposed moratorium is prospective only and would apply solely to new applications received after the ordinance becomes effective. Existing Conditions Staff reviewed every massage establishment business license issued between 2011 and 2026. During that period, the Village issued 36 massage establishment licenses operating from 25 different commercial locations throughout Mount Prospect. Of those 25 locations, seven (28%) received relevant code violations or formal warnings. When locations involving license revocations or forfeitures are included, eight locations (32%) experienced significant enforcement action. Today, 20 massage establishment licenses remain active, with one additional application currently under review. Staff also reviewed all license revocations and forfeitures during the study period. Four of the 36 licenses issued, or approximately 11%, resulted in either revocation or voluntary forfeiture. One of those locations currently has another revocation pending, resulting in one forfeiture and one revocation at the same address. Of the four locations that lost their licenses, three reopened as massage establishments after the required two-year waiting period expired. Code enforcement records identified 20 violations or warnings, of which 14 were determined to be directly related to recurring concerns associated with massage establishments. These included: • 10 violations (71%) involving prohibited covered windows. • 3 violations (21%) involving evidence of residential occupancy within commercial tenant spaces. • 1 violation (7%) involving work completed without required permits. Notably, nine of the fourteen relevant violations (64%) occurred at businesses currently holding active licenses, demonstrating that many compliance issues develop after a business has been approved and licensed. Discussion The Village's current regulatory framework has improved oversight of massage establishments compared to prior regulations. However, recent enforcement actions demonstrate that existing licensing requirements alone are insufficient to prevent problematic operators from establishing businesses or engaging in unlawful activities after receiving Village approval. Staff is evaluating a number of potential amendments to the Village Code, including enhanced ownership disclosure requirements, strengthened operational standards, expanded inspection authority, improved renewal requirements, additional enforcement mechanisms, and revisions to the zoning regulations governing massage establishments. As part of that review, staff will evaluate whether massage establishments should be permitted in fewer zoning districts, whether greater separation distances should be required between massage establishments, and whether additional distance buffers from sensitive land uses are appropriate. Staff will return to the Village Board with recommendations following completion of its review. The Village Attorney has confirmed that, as a home rule municipality, the Village may adopt a temporary moratorium when it serves a legitimate governmental purpose and is reasonable in duration. A six-month moratorium would preserve the status quo while staff completes its review and prepares comprehensive recommendations for Village Board consideration. Alternatives 1. Adopt the attached ordinance establishing a six-month moratorium on the acceptance, processing, and issuance of new massage establishment business licenses. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends adopting the attached ordinance establishing a six-month moratorium on the acceptance, processing, and issuance of new massage establishment business licenses. The proposed moratorium will not affect existing licensed businesses or complete applications submitted before the ordinance's effective date, but will provide staff with adequate time to review the Village's regulatory framework and return with recommendations to strengthen licensing requirements, operational standards, inspection procedures, and enforcement tools and may contemplate new zoning regulations for consideration. Attachments 1. MP Ordinance for temporary moratorium on massage businesses - 6.26(2143793.1) (003) 2. Ord 6003 04_17_2012 Amending Chapter 11 and 23 Regarding Massage Establishments 3. Ord 6246 05_17_2016 Amending Chapter 14, _Zoning_ of the Village Code ORDINANCE NO. AN ORDINANCE IMPLEMENTING A TEMPORARY MORATORIUM ON THE ACCEPTANCE AND APPROVAL OF CERTAIN BUSINESS LICENSES (MASSAGE ESTABLISHMENTS) IN THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect, a home rule municipal corporation, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the Village of Mount Prospect has adopted regulations requiring the licensing of all businesses within the Village's boundaries, and Chapter 11 Article VII of the Village Code of Mount Prospect governs the regulation of massage establishments; and WHEREAS, massage establishments in the Village of Mount Prospect have recently been subject to enforcement action for illegal/criminal activity and for the use of commercial space for residential purposes; and WHEREAS, the Mayor and Board of Trustees of the Village have determined that a temporary moratorium on the acceptance, processing, and/or approval of newly issued business licenses for massage establishments is in the best interest of the Village and its residents and property owners. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby impose a temporary moratorium on the acceptance, approval, and issuance of business licenses for massage establishments for a period of six (6) months from the passage of this Ordinance. The moratorium will apply only to new applications; issuance of business licenses to existing businesses will not be affected, and the moratorium will only apply to applications completed and filed after the passage of this Ordinance, excluding any businesses with complete applications prior to the effective date. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this 21 st day of July 2026. Paul Wm. Hoefert Mayor ATTEST: Karen M. Agoranos Village Clerk ORDINANCE NO. 6003 AN ORDINANCE AMENDING CHAPTER 11 AND 23 AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING MASSAGE ESTABLISHMENTS Passed and approved by the President and Board of Trustees the 17t" day of April, 2012 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 18t" day of April, 2012. ORDINANCE NO. 6003 AN ORDINANCE AMENDING CHAPTERS 11 AND 23 AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING MASSAGE ESTABLISHMENTS WHEREAS, the State of Illinois requires that persons engaged in massage for compensation must be licensed by the Department of Professional Regulation pursuant to the Massage Licensing Act ("Act"), 225 ILLS 5711 et seq.; and WHEREAS, the Act sets forth comprehensive licensure requirements and grounds for discipline; and WHEREAS, the Act specifically states that the regulation and licensing of massage therapy is an exclusive power and function of the State; and WHEREAS, the Village of Mount Prospect has authority to regulate massage establishments. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, pursuant to its home rule powers, as follows: SECTION 1: Section 11.3410, entitled "other fees", of Article XXXIV, of Chapter11 of the Mount Prospect Village Code shall be amended by inserting the following alphabetically: R. Massage Establishment SECTION 2: Section 11.102, Rules and Definitions, of Article I of chapter 11, of the Mount Prospect Village Code is hereby amended be deleting the Following Defined Terms Or Phrases And Their Definitions: "Massage", "Massage Patron", "Massage Therapist", and "Sexual Or Genital Area' . SECTION 3: chapter 11, of the Mount Prospect Village code is hereby amended to insert a new Article XXXIX, Massage Establishments, to be and read as follows: ARTICLE XXXIX, MASSAGE ESTABLISHMENTS 11.3901: Definitions 11.3902: Business License Required 11.3903: Application for Massage Establishment Business License 11.3904: Issuance of License for a Massage Establishment 11.3905: Approval or Denial of Application 11.3906: Posting of License; Photo Identification Card 11.3907: Register of Employees 11.3908: Revocation or Suspension of License; Waiting Period After Revocation 11.3909: Reimbursement of Costs for Investigation Resulting in Business License Suspension or Revocation 11,3910: Revocation of Massage Therapist License 11.3911: Facilities Necessary 11.3912: operating Requirements 11.3913: Persons Under Age 18 Prohibited On Premises 254855_10 11.3914: Alcoholic Beverages Prohibited 11.3915: Hours 11.3916: Employment of Massage Therapist 11.391 7: Inspection Required 11.3918: Unlawful Acts 11.3919: Massage Establishment License — Exemptions 11.3920: Sale or Transfer or change of Location 11.3921: Name and Place of Business 11.3922: Joint and Several Liability 11.3923 Violation and Penalty 1 1.3901: DEFINITIONS: For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section. Applicant. Any person or entity seeking a Massage Establishment Business License. If it is a corporation or limited liability company, the term shall include any stockholder holding more than ten percent (10%) of the stock, and each officer and director. If it is a partnership, it shall include each partner, including each limited partner. It shall also include the manager or other person principally in charge of the operation of the business. Employee. Any person over eighteen (18) years of age, other than a massage therapist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons. Licensee. The operator of a massage establishment. Massage: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations used in this practice, under such circumstances that it is reasonably expected that the person to whom treatment is provided, or some third party on such person's behalf, will pay money or give any other consideration or gratuity. Massage Establishment. Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on, or permits to be engaged in or carried on, a business of providing massages. Massage Therapist: Any person who, for any consideration or gratuity whatsoever, engages in the practice of massage. Outcall Massage Service. Any business, a function of which is to engage in or carry on massages at a location designated by the customer or patron rather than at a massage establishment. Patron. Any person who is offered or receives a massage under such circumstances that it is reasonably expected that he or she will pay money or any other consideration for such massage. 254856 10 2 Sexual or Genital Area. Genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female. State License. A valid license issued pursuant to the Illinois Massage Licensing Act, 225 ILCS 5711 et seq. 11.3902: BUSINESS LICENSE REQUIRED: A. Business license required. No person or entity shall engage in or carry out the business of massage unless that person has a valid Massage Establishment Business License issued by the Village pursuant to the provisions of this Article for each and every separate office or place of business in the Village. However, where individuals possessing the license required in Subsection (B), below, perform massage in their own homes, no business license shall be required for that home. When a licensee performs massage in his or her own home, in addition to the requirements of this Article, the requirements of the Mount Prospect Zoning code pertaining to home occupations shall apply. A person or entity, who, prior to the adoption of this Article, has been issued a 2012 business license to engage in or carry out the business of massage, as a spa, massage therapy or health club, shall be subject to this Article, but shall not be required to apply for a separate license or pay an additional license fee for 2012. B. State License required. No person shall engage in massage for compensation, unless the person has a valid state license issued pursuant to the Massage Licensing Act, 225 ILCS 5711 et seq. 1 1.3903: APPLICATION FOR MASSAGE ESTABLISHMENT BUSINESS LICENSE: Every applicant for a license to maintain, operate, or conduct a massage establishment shall file an application, under oath, with the Village of Mount Prospect upon a form provided by the Department of Community Development and pay a nonrefundable annual license fee, in the amount set forth in Article XXXIV of this Chapter. Copies of the Massage Establishment Business License application shall be forwarded to the Building Inspector and the Health Inspector. Each such inspector shall, within thirty (30) days, inspect the premises proposed to be operated as a massage establishment and upon inspection, each inspector shall file a written report with the Department of community Development concerning compliance with the applicable regulations. The application, once accepted, shall also be referred to the Police Department for investigation. The Police Department will perform the required criminal record check. Background investigations shall require the submission of fingerprints. The cost of the criminal record check and cost of fingerprint submissions shall be borne by the applicant. Each application shall contain the following information: A. A definition of service to be provided. B. The location, mailing address and all telephone numbers where the business is to be conducted. C. Federal Employer Identification Number (FEIN) and State of Illinois Business Tax Number (IBT). 254856 10 3 D. The name and residence address of each applicant [all provisions which refer to applicant include an applicant which may be a corporation, limited liability company or partnership]. (1) If applicant is a corporation or limited liability company, the names and residence addresses of each of the officers and directors of the corporation or company and of each stockholder owning more than ten percent (10%) of the stock of the corporation or company, and the address of the corporation or company itself, if different from the address of the massage establishment. (2) If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the massage establishment. E. The two (2) previous addresses immediately prior to the present address of the applicant. F. Proof that the applicant is a least eighteen (18) years of age. G. Individual or partnership applicant's height, weight, color of eyes, hair and sex. H. copy of identification, such as a driver's license. 1. one portrait photograph of the applicant at least two (2) inches by two (2) inches and a complete set of applicant's fingerprints shall be taken by the Chief of Police or his/her agent. If the applicant is a partnership, limited liability company, or corporation, the Chief of Police shall have the right to require fingerprints of any and all officers, shareholders, directors, partners, members, managers or agents of the entity along with the fee for each. J. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. K. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another municipality, county or state, has had a business license revoked or suspended, the reason for the revocation or suspension, and the business activity or occupation subsequent to such action of suspension or revocation. L. All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted. M. The name and address of each massage establishment, including a copy of their Department of Professional Regulation. therapist who is or will be employed in the respective licenses as issued by the State N. The name and address of any other business owned or operated by any person whose name is required to be given in Subsection (D). o. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. P. Authorization of the Village, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit. 254856 14 4 Q. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application. R. The names, current addresses and written statements of at least three (3) bonafide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the Village, then the County, then the State of Illinois and lastly from the rest of the United States. These references must be persons other than relatives and business associates. Applicants, who hold a valid state license, are exempt from the fingerprinting and criminal background check requirement, if a copy of the license is submitted with the application. Upon the completion of the above provided form and the furnishing of all foregoing information, the Department of Community Development shall accept the application for the necessary investigations. The holder of a massage establishment license shall notify the Department of Community Development of each change in any of the data required to be furnished by this Section within ten (10) days after such change occurs. 11.3904: ISSUANCE OF LICENSE FOR A MASSAGE ESTABLISHMENT: The Village of Mount Prospect shall issue a license for a massage establishment if all requirements for a massage establishment described in this Ordinance are met unless it finds: A. The correct license fee or other fees or fines owed to the Village of Mount Prospect have not been tendered to the Village; or B. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the Village's building, zoning, and health regulations; or C. The applicant or employees, other than massage therapists, have been found guilty of any of the following offenses or found guilty of an offense outside the State of Illinois that would have constituted any of the following offenses if committed within the State of Illinois: (1) An offense involving the use of force and violence upon the person of another that amounts to a felony. (2) An offense enumerated in any provision of Article 11, entitled "Sex offenses", of the Illinois criminal code, 720 Illinois compiled Statutes 5111-1 elf. seq., as amended from time to time. (3) A violation of the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/100 et seq., as amended from time to time. (4) A violation of the Illinois Cannabis Control Act; 720 Illinois Compiled Statutes 550/1 et seq., as amended from time to time. 25485610 5 (5) A felony offense enumerated in Article 24, Deadly Weapons, of the Illinois Criminal Code, 720 Illinois compiled Statutes 5124-1 et seq., as amended from time to time, or any other offense that involves the use of weapons. The Village of Mount Prospect may issue a license to any person found guilty of (or whose employees, other than massage therapists, have been found guilty of) any of the crimes described in Subsections (1) through (5) of this Section only if it determines that such finding of guilt occurred at least ten (10) years prior to the date of the application and the individual has had no subsequent felony findings of guilty of any nature and no subsequent misdemeanor findings of guilty for a crime or crimes set forth in this Section. Further, for the purpose of this Section, any finding of guilty, including an order resulting in supervision, shall apply. D. Any applicant has knowingly made any false, misleading or fraudulent statement of fact or failed to disclose required information or a fact in the license application or in any other document required by the Village. E. Any applicant has had a massage business, massage therapy or other similar permit or license denied, revoked or suspended by the Village or any other state, county or local agency within five (5) years prior to the date of the application. F. Any applicant is not over eighteen (18) years of age or older. G. Copies of the state licenses of persons, who will be providing massage services at the business establishment, including outcall services, have not been provided. 11.3905: APPROVAL OR DENIAL OF APPLICATION: The Village of Mount Prospect shall act to approve or deny an application for a license under this Article within a reasonable period of time and in no event shall the Village of Mount Prospect act to approve or deny said license later than 90 days from the date that said application was accepted by the Village. Every license issued pursuant to this Article will terminate on December 31 following such issuance, unless sooner suspended or revoked. 11.3906: POSTING OF LICENSE; PHOTO IDENTIFICATION CARD: A. The state licenses issued to massage therapists shall be available for public inspection and review upon request, if said Licenses are not posted and available for immediate inspection in the reception area for patrons, if any, or in the therapist's work area. B. Every massage therapist shall possess a government -issued photo identification card while on the licensed premises and produce such identification card upon request of any representative of the Village of Mount Prospect. C. To provide outcall massage service, the massage therapist must possess a government - issued photo identification card and state license in the name of the individual providing the service. 11.3907: REGISTER OF EMPLOYEES: The licensee or person designated by the licensee of a massage establishment shall maintain a register of all persons employed at any time, including massage therapists, along with their current photographs and a copy of their licenses. 254856 14 6 Such register shall be available at the massage establishment to representatives of Village of Mount Prospect during regular business hours. 11.3908: REVOCATION OR SUSPENSION OF LICENSE; WAITING PERIOD AFTER REVOCATION: A. Any license issued for a massage establishment may be revoked or suspended by the Village of Mount Prospect after notice and a hearing, for good cause, or in any case where any of the provisions of this Article are violated or where any employee of the licensee, including a massage therapist, is engaged in any conduct which violates any of the state or local laws or regulations at licensee's place of business. Such permit may also be revoked or suspended by the Village of Mount Prospect after notice and hearing, upon the recommendations of the Health Inspector that such business is being managed, conducted or maintained without regard to proper sanitation and hygiene. Such revocation proceedings shall be as prescribed in Chapter 10 of the Village of Mount Prospect code. B. If a license has been revoked for any cause, no license shall be granted to any person for the conduct of the business of a massage establishment at that location for a period of twenty-four (24) months. 1 1.3909: REIMBURSEMENT OF COSTS FOR INVESTIGATION RESULTING IN BUSINESS LICENSE SUSPENSION OR REVOCATION: In the event that the Village of Mount Prospect conducts an investigation of a licensed Massage Establishment, which results in the revocation or suspension of its Business License, the licensee shall reimburse the Village for any and all of the Village's costs for the investigation. Failure to pay such costs within ten (10) days written notice from the Village shall result in the continuance of any suspension until such time as those costs are paid and no Massage Establishment Business License shall be issued or renewed for such a business at the same location until such costs have been paid to the Village. The Village shall have such additional or further remedies for collection of such costs as are available by law. 11.3910: REVOCATION OF MASSAGE THERAPIST LICENSE: A massage therapist license issued by the state may be revoked or suspended in accordance with the Illinois Massage Licensing Act, 225 ILLS 57/1 et seq., as it may be amended from time to time. The Chief of Police shall report any and all suspected violations to the Massage Licensing Board and the Department of Professional Regulation. 11.3911: FACILITIES NECESSARY: Every location for which a massage establishment license is sought shall, in addition to meeting all other Village regulations, comply with the following: A. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron. B. closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. 254856 10 7 C. The minimum number of plumbing fixtures shall be provided and maintained as required by the Village Code. 11.3912: OPERATING REQUIREMENTS: A. Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary manner. B. Prices for all services shall be prominently posted in the reception area in a location available to all prospective customers. C. All employees, including massage therapists, shall be clean and wear clean, nontransparent outer garments. D. All massage establishments shall be provided with clean, laundered sheets and towels which shall be laundered after each use by an individual patron and stored in a sanitary manner. All towels and linens furnished for use of one patron shall not be refurnished for use of another patron until laundered. E. The sexual or genital areas of patrons must be covered with nontransparent towels, cloths, or undergarments when in the presence of an employee or massage therapist. F. All walls, ceilings, floors, pools, showers, baths, and steam rooms and any other physical facilities shall be kept in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the massage establishment is in operation. Bathtubs and showers shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry. G. oils, creams, lotions, and other preparations used in administering massages shall be kept in clean, closed containers or cabinets. H. Each massage therapist shall wash his or her hands in hot running water using a proper soap or disinfectant before administering massage to any patron. No massage therapist, employee, or licensee shall perform, offer, or agree to perform any act which shall require the touching of a patron's sexual or genital area. J. Any reception or waiting area shall be open to the public and visible from outside of the immediate entrance, e.g., storefront windows and any entrance door shall be transparent and unobstructed. Any exterior windows or doors with a view to the waiting area or reception area must be free of any posting or material that would obstruct the view of the waiting area or reception area from the outside of the establishment. K. No massage establishment granted a license under the provisions of this Article shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services. 254856_10 L. No massage establishment granted a license under the provisions of this Article shall depict, place, publish, distribute, or cause to be depicted, placed, published, or distributed any advertising matter that suggests to prospective patrons that any services are available other than those services permitted by this Article, or which would suggest that employees or massage therapists are dressed in any manner other than that permitted by this Article. M. No advertising will suggest or describe the physical characteristics of employees or massage therapists. N. No person shall be denied a massage or access to the massage establishment because of gender. 11.3913: PERSONS UNDER AGE 18 PROHIBITED ON PREMISES: It shall be unlawful to permit any person under the age of eighteen (18) years to be offered or receive a massage at any massage business establishment unless accompanied by, or with written consent of, a parent or legal guardian.. 11.3914: ALCOHOLIC BEVERAGES PROHIBITED: No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage on any premises used in any way for or by a massage business, patron or massage therapist. 11.391 a: HOURS: No portion of any business premises used in any way for or by a massage business shall be kept open for any purpose between the hours of 10:00 PM and 8:00 AM. 11.3916: EMPLOYMENT OF MASSAGE THERAPIST: No person shall employ, as a massage therapist, any person unless the employee has obtained and has in effect a state license issued by the Illinois Department of Professional Regulation pursuant to the Illinois Massage Licensing Act, 225 Illinois compiled Statutes 5711 et seq., as it may be amended from time to time. 11.391 7: INSPECTIONS REQUIRED: Upon issuance of a Massage Establishment Business License, in addition to the inspection requirements of Section 11.3903, the licensee shall provide any representative of the Village with reasonable opportunity to inspect the premises for which the permit is issued and to interview the licensee's agents and employees for the purpose of determining that the provisions of this Article and other applicable ordinances and state and federal laws are being complied with. It shall be unlawful for any person to fail to allow any representative of the Village access to the premises of the massage establishment or to hinder such access in any manner. 11.3918: UNLAWFUL ACTS: A. It shall be unlawful for any person, in a massage establishment, to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital area of any other person. B. It shall be unlawful for any person, in a massage establishment, to expose his or her sexual or genital area to any other person. It shall also be unlawful for any person, in a massage establishment, to expose the sexual or genital area of any other person. C. It shall be unlawful for any person, while in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering, the sexual or genital area of his or her body. 254856_10 9 D. It shall be unlawful for any person to perform, offer or agree to perform any act which shall require the touching of a patron's sexual or genital area or any unlawful act, as defined in 720 Illinois compiled Statutes 5111-14, 5111-14.11 5111-14.31 AND 5111-14.4, which are incorporated as now or hereafter amended. E. It shall be unlawful for any person owning, operating or managing a massage establishment, to cause, allow or permit in or about such massage establishment, any agent, employee or any other person under his or her control or supervision to perform such acts prohibited in Subsections (A), (B), (C) or (D) of this Section. F. It shall be unlawful for any licensee under this Article to administer or permit massage within the village, except within the establishment licensed to carry on such business under this Article or as outcall massage service. G. It shall be unlawful for any massage service to be carried on within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked. Toilets and cubicles used solely for the application of liquid and vapor baths shall be clearly marked as to purposes on the exterior door or curtain of the cubicle, room or booth. Nothing contained in this Article shall be construed to eliminate any other regulation concerning the maintenance of premises, or to preclude authorized inspection of any premises, whenever such inspection is deemed appropriate by the police or health departments. Sect. 11.3919: MASSAGE ESTABLISHMENT LICENSE — EXEMPTIONS: The massage establishment license shall not be required for hospitals, nursing homes, sanitariums, or any facility at which a health care worker duly licensed by the State of Illinois provides, on an ongoing basis, professional health services to individuals, including, but not limited to, the offices of an occupational therapist licensed under the Illinois Occupational Therapy Practice Act, 225 ILCS 7511, et. seq.; a physical therapist licensed under the Medical Practice Act, 225 ILCS 5011, et. seq.; a chiropractor licensed under the Medical Practice Act, 225 6011 et. seq.; and a naprapath listed under the Illinois Naprapathic Practice Act, 225 ILCS 6311 et. seq. 11.3920: SALE OR TRANSFER OR CHANGE of LOCATION: Upon sale, transfer or relocation of a massage establishment, the license shall be null and void. 11.3921: NAME AND PLACE OF BUSINESS: No person granted a license pursuant to this Article shall operate the massage establishment under a name not specified in the license, nor shall the person conduct business under any designation or location not specified in the license, except that the location for outcall massage service need not be specified on the license. 11.3922: JOINT AND SEVERAL LIABILITY: Any act or failure to act of an employee, a person performing massage at or on behalf of a massage establishment, or an agent of the licensee with respect to the licensed business shall be deemed to be the act of the licensee. The licensee and individual committing a violation are jointly and severally liable for any fines or penalties assessed pursuant to this Article. 1 1.3923: VIOLATION AND PENALTY: Any person violating any provisions of this Article shall be punished by a fine in the amount set forth in appendix A, division Ill of this code. A separate 254856_10 10 offense shall be deemed committed each time on each day during or on which violation occurs or is permitted to occur. SECTION 4: Section 23.207, entitled "Massage Therapist Establishments", of Article 11, of Chapter 23 of the Mount Prospect Village Code shall be deleted in its entirety. SECTION 5: Section 11.3410, entitled "other Fees", of Chapter 11, Merchants, Businesses, Occupations and Amusements, of Appendix A, Division 11 of the Mount Prospect Village Code shall be amended by inserting the following alphabetically: S. Massage Establishment Annually: $250.00 first year; $100.00 subsequent years. SECTION 5: Chapter 11, Merchants, Businesses, occupations and Amusements, of Appendix A, Division III of the Mount Prospect Village Code shall be amended by inserting a new Section 11.3923, to be and read as follows: Section 11.3923: Penalty, Massage Establishment. Fine: not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000.00), for each offense. SECTION 7: All ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. SECTION 9: The Village Clerk is hereby ordered and directed to publish this ordinance in pamphlet form, said pamphlet to be deposited in the office of the Village Clerk for general distribution. AYES: Hoefert, Juracek, morn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 17th day of April, 2- Mayor ATTEST: Village Clerk 25485610 11 ORDINANCE NO. 6246 AN ORDINANCE AMENDING CHAPTER, 14, "ZONING," of THE VILLAGE CODE OF MOUNT PROSPECT, 1 LLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION L Subsection C, "Director of Community Development," of Section 14.202, "Administrative Bodies and Specific Duties," of Article 11, "Administration and Enforcement," of Chapter 14, "Zoning," of the Mount Prospect Village code shall be amended to add the following: 11. Review and make final determinations for projects that require Administrative Site Plan Review. SECTION 2: Subsection E, "Appeals," of Section 14.203, "Procedures For Administrative Functions," of Article II, "Administration and Enforcement," of Chapter 14, "Zoning," of the Mount Prospect Village Code shall be amended and read as follows: 1. Authority: The planning and zoning commission shall hear and decide appeals from any administrative order, requirement, decision or determination made by the director of community development or other authorized official concerning the regulations of this chapter. Appeals from Site Plan Review shall comply with the regulations of Section 14.203 H. SECTION 3: Section 14.203, "Procedures for Administrative Functions" of Article ll, "Administration and Enforcement," of Chapter 14, "Zoning," of the Mount Prospect Village Code shall be amended to add Subsection H, "Administrative Site Plan Review" that shall read as follows: H. Administrative Site Plan Review 1. Action By Director of Community Development: Prior to the issuance of a building permit, the director of community development shall review and decide as final administrative authority, all applications for Administrative Site Plan Review for the following: 1 a. Construction of new buildings within the downtown as defined in section 14.304 E. b. Additions to existing buildings within the downtown as defined in section 14.304 E. c. Exceptions. Any construction within the downtown which requires a variation, conditional use, or planned unit development shall be exempt from administrative site plan review. 2. Authority: The director of community development may, after an administrative review, grant or deny any proposed site plan, with or without conditions of approval, or may refer it to the Village Board for further consideration. 3. Initiation: an application for administrative site plan review may be made by any person, firm, other entity, corporation, or by any governmental entity requesting or intending to request application for a building permit. Pre -application meetings are available to discuss a proposed application and are encouraged. 4. Filing of Applications: An application for administrative site plan review shall be filed with the director of community development on forms obtained from the community development department. Such form shall include all information necessary for processing the request, including, but not limited to, a statement of the proposed use, legal description of subject property, survey, site plan, building elevations, landscape plan, appropriate proof of ownership, or proof of authority. The application form may be revised from time to time. 5. Standards. No site plan shall be administratively approved unless the director of community development finds the application meets the following standards: a. The submitted site plan conforms to all applicable village ordinances. b. The proposed improvements support the goals and objectives stated in adopted village plans, including the comprehensive plan. c. The site plan is reflective of the downtown design guidelines of section 14.304 E of this chapter. Pa 6. Appeals: the applicant may file an appeal of any administrative site plan review decision of the director of community development. Such appeal shall be filed with the director of community development within ten (10) business days of the decision. a. Authority: The Village Board shall hear and decide appeals from any administrative order, requirement, decision or determination made by the director of community development or other authorized official concerning administrative site plan review. b. Filing of Application: An application for an appeal shall be filed with the director of community development, on forms obtained from the community development department, who shall forward such appeal to the Village Board for their review and decision. c. Public Hearing: A public hearing shall be conducted by the Village Board on the appeal application. Notice shall be as provided in subsection G of this section, in compliance with state statutes. d. Decisions On Appeals: Any decisions by the Village Board on a site plan review appeal application shall be in all instances the final administrative determination and shall be subject to judicial review only in accordance with applicable statutes of the state. 7. Schedule of Construction. A site plan approval shall become null and void in the following circumstances: a. The applicant fails to apply for a building permit within one (1) year from the date of site plan approval. b. A new application for administrative site plan approval has been received by the community development department for the same subject property. SECTION 4: Subsection E, "Design Standards," of Section 14.304, "Bulk Regulations," of Article III, "General Provisions," of Chapter 14, "Zoning," of the Mount Prospect Village Code shall be deleted in its entirety and replaced with the following that shall be and read as follows: 3 E. Design Standards 1- Downtown Design Guidelines a. Purpose. The downtown design guidelines contained herein shall serve the built environment within the downtown by promoting the use of high quality materials; supporting a unified pedestrian -oriented environment, a mix of land uses, and thriving public spaces; and promoting and enhancing the character of the downtown. The downtown design guidelines shall be in addition to code requirements found elsewhere in this chapter. For the purposes of this section, the downtown shall be defined as: i. Properties located in the B5 and B5C zoning district. ii. Properties located along Prospect Avenue from central Avenue to William Street. iii. Properties located along East Lincoln Street from Maple Street to William Street. b. Applicability. The downtown design guidelines shall be applicable to the following projects within the downtown. i. construction of new buildings. ii. Additions to existing buildings. iii. Fagade improvements to existing buildings. Fagade improvements solely consisting of replacement of windows and doors of like size and location are exempt from the guidelines of this section. c. Building Design. The architectural design and details of the building shall meet the following objectives: i. Linear Massing. Fagades fifty feet (50') or greater in length facing a front or exterior side lot line shall vary the depth of the structure, by way of recesses and projection within the building's architecture. These details shall break up the massing of the structure in addition to any windows and building entrances along the fagade. ii. Access. All buildings with a total width greater than fifty feet shall have a minimum of one entryway at the front of the building, defined as the fagade of the building which faces the front or exterior side lot line. Buildings constructed on a corner lot may choose the building's orientation; access may be from either the front or the exterior side. 4 iii. Windows and Doors. The first floor of buildings shall have a minimum of 25% of the fagade area facing a front or exterior side be devoted to glass windows and/or doors. Windows and doors should be used as an opportunity to provide architectural interest which breaks up building massing and supports a pedestrian --friendly environment. If solid, windowless walls are necessary to the building's function, architectural details shall be included to add visual interest. iv. Rooflines. The roofline of a building should include architectural details which add to its overall design, such as cornices, dormers, or parapet walls. v. Materials. Durable, high -quality building materials which do not require frequent maintenance, such as brick, stone, and glass, shall be used for facades which are visible from the street. Materials located along a single fagade shall be harmonious in design and color. vi. Vertical Massing of Multi -story Buildings. Multi -story buildings shall be visually divided using architectural details such as differing building materials or step -backs to reduce the sense of mass and highlight the first floor to a pedestrian scale. d . Site Design. i. Building Setbacks and Parking Lots. Building setbacks shall conform to Section 14.905 of this chapter when applicable. Where possible, parking lots shall not be located between the street and the building's front fagade. ii. Landscaping. Sites shall comply with the landscape provisions found in Article XXIII of this chapter. The use of landscape planters, decorative fencing and similar treatments shall be encouraged in all outdoor areas where public gathering is desired, such as patio dining or other outdoor seating areas. iii. Pedestrian Access. All buildings shall have clear pedestrian access from a public walkway to the entrance(s) of the building. Sidewalks located on private property, to be utilized by the public, shall be a minimum of seven feet (7) in width. 5 2. iv. Streetscape improvements. Areas located immediately adjacent to village right-of-way shall blend into the Village's existing streetscape improvement program where applicable. v. Bicycle facilities. Properties which incorporate parking lots shall also provide bicycle racks on site. Bicycle parking shall be provided at a minimum amount of ten percent (10%) of the vehicle parking provided on site. U-shaped racks, similar to those installed by the village, are the preferred design. Additional Design Standards. The following design standards are applicable to the entire village. a. Visual Expanse: Any structure over two hundred feet (200') in length shall be designed so as to stagger the building facades which face a right of way, parking lot, or adjacent residential property, in order to break up the visual expanse of the structure. b. Screening of !Mechanical and Utility Equipment: i. When feasible, mechanical equipment should be located within the principal structure in order to minimize exterior visual impacts. ii. All rooftop mechanical equipment shall be completely hidden from view. If screening is required, it shall be a continuous, permanent, sound attenuating and noncombustible screen of a color compatible with the principal structure. The screen should be designed as an architectural component of the structure in the form of a parapet wall. If structural modifications are required to accommodate screening of mechanical equipment, it shall comply with the building code in effect at the time modifications are made. iii. All ground mounted mechanical and utility equipment that is six feet (6) or less in height shall be screened from view per the requirements of section 14.2308 of this chapter. Ground mounted mechanical and utility equipment that is taller than six feet (6) in height shalt be screened from view with an enclosure that is constructed to be consistent with the material of the principal structure. Ground mounted mechanical and utility equipment shall be recessed into the ground to achieve a height above grade not to exceed six feet (6') to reduce the visual impact of the structure on the site. Additionally, landscaping shall be provided around the C� enclosure per the requirements of section 14.2395 of this chapter. iv. Screening of mechanical equipment shall be required when new equipment is installed and in such cases shall be provided around both new and existing mechanical equipment in order to provide visual continuity. Normal maintenance of mechanical equipment shall not mandate the screening requirement. SECTION 5: Section 14.604, "Land Use Tables," of Article VI, "Zoning Districts," of Chapter 14, "Zoning," of the Mount Prospect Village Code shall be amended to be and read as follows: LAND USE TABLE 1: RESIDENTIAL AND RECREATIONAL ZONING DISTRICTS shall be amended to be and read as follows: "Personal Wireless Services Facilities, Structure Mounted" with zoning classifications P P P P P P P, shall be inserted in proper alphabetical order. And "Wireless service facilities" shall be deleted in its entirety. LAND USE TABLE 2: COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS shall be amended to be and read as follows: Delete "Massage establishments" zoning classifications P P P P and amend the "Massage establishments" zoning classifications to C C C C. And "Personal Wireless Services Facilities, Structure Mounted" with zoning classifications P P P P P P P P P, shall be inserted in proper alphabetical order. And "Wireless service" shall be deleted in its entirety. SECTION G: Subsection F of Section 14.1905, "Bulk Regulations," of Article XIX, "135 and B5C Regulations," of Chapter 14, "Zoning," of the Mount Prospect Village Code rA shall be deleted in its entirety and replaced with the following: F. Transitional Setbacks: Wherever a lot in the B--5 district abuts any single- family residential zoning district, all buildings shall be set back a distance equal to the required setback of the adjacent yard in the single-family residential zoning district. Such setback shall be landscaped as required in article XXIII of this chapter, except for those properties that abut a dedicated public alleyway. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Matuszak= Polit, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED AND APPROVED this 17th day of May, 2016. Ariene A. juracee ATTEST: is nge , i e er