Elburn Village Board to adopt regulations for massage businesses

The village of Elburn is expected to adopt a comprehensive “Body Works” ordinance at its next Village Board meeting that will regulate massage therapy businesses.

An arrest was made last month at the ViVi Spa on Valley Drive when an undercover police officer was offered an act of prostitution when he showed up for a massage. The ViVi employee was charged with one count of prostitution. The location was closed until further notice because of the discovery of multiple zoning code violations during the arrest.

This was the second time in recent history that a massage therapist working in an Elburn massage parlor was arrested for prostitution when the act was solicited to an undercover officer.

The new ordinance will allow the village to regulate both the owner of the business as well as the employees working within the business.

Previously, Elburn had an ordinance governing massage establishments and massage therapists, but it was repealed in 2005. That ordinance provided for the licensing of those individuals, but it was preempted when the state took over the licensing of massage therapists.

After researching what a number of other communities in the area were doing, Police Chief Nick Sikora adapted an ordinance for Elburn that establishes a licensing process similar to the Alcohol and Tobacco licensing process.

Under the new ordinance, the owner of the business will be required to complete a comprehensive application process and each individual providing massage services within the business must be a licensed massage therapist. Licenses must be renewed on an annual basis.

The ordinance also gives the village the ability to conduct inspections of the business and states that the windows of the business are not to be obscured.

The owner will be required to notify the village of a change in ownership or a change in therapists within 10 days of the change. Licenses will not be transferrable and any new owner or new therapist will be required to go through the entire process.

If a business is found to be in violation after a hearing, the owner will be held responsible. The owner also will be held responsible if an employee commits a criminal act. In addition to a fine of up to $750, the business will be shut down and another similar business will not be allowed to locate in the same place for a period of three years.

“I like the idea of going after the owner, too,” Trustee Ken Anderson said.

With the previous two incidents within a massage parlor, the therapists were charged with prostitution, but the owners had no accountability for the employees’ actions.

“These places target small towns like this,” Trustee Luis Santoyo said. “The town is growing. I think this is very necessary at this point. ... I side with the chief on this one.”

All trustees present said they were in agreement with the ordinance. It will be included on the consent agenda at the next meeting Aug. 7.