Buffalo Grove goes back to drawing board on massage parlor regulations

Buffalo Grove trustees decided a two-year moratorium on massage establishments in locations where massage licenses have been revoked due to prostitution activities will itself need some massaging.

On Monday, trustees tabled the matter so that village staff can get some kinks out of the proposed ordinance, which was criticized by some trustees as being overly broad.

Deputy Village Manager Jennifer Maltas presented an ordinance that allows the village to revoke a massage establishment license and not grant one to another massage establishment in the same location for a 24-month period.

Trustee Jeffrey Berman said the ordinance that was presented overstepped the bounds of the original intent of the rule, which was to curb recidivist prostitution activities in massage establishments.

He said the ordinance as it reads says that the moratorium would apply when a license is revoked for causes unrelated to prostitution.

Maltas responded that the ordinance reflects what is already in the village code as it applies to revocation of licenses. The 10 reasons for revoking the license would apply to any license holder in the village.

"This is meant to be broad in nature to mirror what we already have in terms of our authority within the code," she said.

Still, she said, that while the reasons would be the same, the leasing blackout would apply only to massage establishments.

Addressing Berman's concern that the ordinance was overbroad, Raysa said the language was taken from three other municipalities that have imposed a similar ban.

At Berman's request, Raysa listed the 10 reasons. They include such reasons as making false statements in an application to failure by a licensee to pay fines owed to the village.

Several, Raysa pointed out, were used in the most recent proceedings against YDSA Enterprises Inc., doing business as Yedam Spa, 1105 Weiland Road, which had its license revoked as part of an agreed order with the village.

Berman told Raysa, "What you have done is you have wrapped into this ordinance such petty offenses as not paying a bill for a period of time that would empower the village president not only to revoke the license, but to impose a 24-month blackout on the property owner for reletting the premises for what is otherwise a lawful and legitimate business."

He called it a draconian measure that could have adverse consequences on the village's commercial property owners.

"Lord knows we work hard enough to convey a business-friendly attitude," he said.

Trustee Joanne Johnson suggested village board members "go back to our original plan and pass an ordinance with a 24-month revocation of license strictly based on a condition for prostitution."

Trustee Steven Trilling disagreed, saying that the landlord needs to be responsible for adequately vetting renters, "and if this establishment fails to abide by its required licensing, so be it."

Trustee Lester Ottenheimer III said, however, that "a landlord can do everything right, due diligence, and you may have a very shifty, crafty tenant who knows how to hide from the landlord."