Bench trial set for massage parlor owner, proprietor

By on August 30, 2013
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ELBURN—A hearing in Kane County Circuit Court resulted in a bench trial date of Friday, Sept. 13, for the proprietor of Asian Massage & Bodyworks, as well as fines and fees for the property owner.

Asian Massage & Bodyworks is located on Route 38, east of Route 47. The village of Elburn on July 2 filed a complaint against the proprietor, Xioamei-Feng Castro, and landlord Redoaks, LLC, for operating an unpermitted business at that location.

According to court documents, Castro is leasing Unit E at 151 E. Route 38 in Elburn for the purpose of operating an adult massage parlor, an unpermitted business within a B-2 zone.

The documents also state that the Illinois Secretary of State shows no record of Asian Massage & Bodyworks registered as a corporation, company or partnership, and the Illinois Department of Financial and Professional Regulation shows no record of Asian Massage & Bodyworks as being a licensed massage therapist.

Elburn Building Commissioner Tom Brennan, acting on behalf of the village, notified Castro in April of her impermissible use of the property. According to Brennan, she has continued to operate her business in its current location in violation of the village’s codes.

Castro pleaded not guilty to the charges during the Aug. 9 hearing, and Kane County Judge Christine A. Downs set a bench trial for her for Friday, Sept. 13. She is representing herself, said Brian O’Connor, the village’s attorney in the case.

According to O’Connor, Redoaks, LLC, a Nevada-based company represented locally by Joseph N. Falco, had been notified of the violation and the court date through certified mail.

Since no one showed up to represent Redoaks at the hearing, the judge granted the village’s motion for a default judgment against the company, assessing it to pay court costs of $1,765 and $750 in fines, for a total of $2,625.

O’Connor said that several different attorneys have contacted the village regarding the charges against the landlord prior to the hearing, but none have filed an appearance to represent Redoaks.

“Mr. Falco is not being responsive,” he said.

O’Connor said that compliance with Elburn’s zoning would require that the landlord and the business owner file a request for an amendment to the zoning ordinance for that location.

Another option, according to Brennan, would be for the business, as it currently exists, to relocate to the zone for commercial manufacturing, where adult massage is a permitted use.

A third option, Brennan said, is that zoning for the business’s current location would allow for a beauty parlor that also offers massages.

The Elburn Village Board on Aug. 19 held an executive session (where neither the public nor the press may be present) to discuss the cases. Executive sessions are typically held for board members to discuss ongoing litigation, among other things. When the board reconvened, no announcements were made.
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As of last week, the large Asian Massage sign has been taken down, and one announcing Beauty Parlor is in its place. However, a call to the phone number on Tuesday requesting an appointment for a haircut has gone unanswered as of press time.

All other advertising regarding massages remains in the window of the storefront. The sign announcing Asian Bodywork and the phone number remains on the parkway on Route 38.

O’Connor on Aug. 21 said that the board wants compliance.

“You need more than that (a change in sign),” he said.

About Susan ONeill

One Comment

  1. mhammett

    August 31, 2013 at 3:43 PM

    Sounds like a lot of commotion about nothing.

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