Buffalo Grove moves to toughen massage parlor regulation

Buffalo Grove is moving ahead with a draft ordinance that would place a two-year moratorium on a new massage establishment moving into a location where a massage license had been revoked because of prostitution.

On Monday, at a committee of the whole meeting, trustees revisited the matter, which had been discussed in January, when Village Attorney William Raysa was directed to investigate suggestions made by trustees to firm up the regulations.

Raysa recommended the location moratorium, noting that three municipalities, Park Ridge, Mount Prospect and Chicago, have such restrictions. He said he is unaware of any court challenge to them.

Trustee Jeffrey Berman raised the issue of "whether as a policy matter, it is a wise thing for the village to essentially punish the property owner for the conduct of their tenant. As a practical matter, these facilities are built out for a limited purpose, and it would be very expensive to redo it. And, given the rate of leasing, as we have seen, it could be a significant detriment."

Trustee Andrew Stein said he also struggled with that issue.

But Village Manager Dane Bragg said the village has been encountering an issue where, as soon as "the principals of the corporate entity are changed, then you have a new massage establishment (with) a new license (and) a new corporation."

He said, "The only way to really have any teeth is to say that this space, having been utilized (for a crime) where a conviction was obtained and the license was revoked, therefore it just can't operate lawfully for a period of two years."

Trustee David Weidenfeld had suggested requiring massage establishments to be affiliated with a health agency and Trustee Steven Trilling had asked whether the village could require a message establishment to be bonded and insured.

Raysa said the affiliation requirement might not comply with the equal protection clause of the constitution and he expressed doubt whether a health agency or a nurse practitioner would want to get involved. He said research did not reveal any municipality that had such a requirement.

He had the same constitutional concern about the bonding and insurance requirement, and also cited a more serious concern, saying, "It is unclear whether a bonding company or insurer would provide coverage for a criminal act."