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