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dressed masseuses possibly willing to perform tasks more risque
<br /> than just body massage. One problem is that some ordinances
<br /> regulate only the business and tend to be vague in defining what
<br /> acts are allowed by masseurs and masseuses.
<br /> Masseurs and masseuses are people who "practice the art of
<br /> body massage, by hand or mechanical apparatus, oil rubs,
<br /> corrective gymnastics, dietetics, hot packs, and
<br /> mechanotherapy," according to the definition in the Staunton,
<br /> Virginia, ordinance. Unlike tattoo artists, '..,hey have a
<br /> professional organization, the American Massage Therapy
<br /> Association (AMTA), which sets professional standards. AMTA
<br /> requires a minimum of 500 classroom hours of training to
<br /> obtain certification. This gives states and local municipalities a
<br /> standard by which to restrict masseuses and masseurs, but it
<br /> does not regulate the business. The AMTA requirements
<br /> recognize licensed masseuses but do not govern what type of
<br /> massage they may practice. States that allow massage parlors
<br /> may impose their own licensing requirements, which may or
<br /> may not be in accordance with those of AMTA.
<br /> Currendy, 26 states regulate massage parlors and have adopted a
<br /> standardized test, the National Certification Exam, passage of
<br /> which is required to obtain a license to practice. The states need not
<br /> use the AMTA standards, and many have more stringent
<br /> regulations. Nebraska and Arkansas require 1,000 and t,250
<br /> classroom hours, respectively. Other states, such as Texas and
<br /> Ohio, require fewer than 500 hours. In addition to state-mandated
<br /> training, local governments may require additional criminal
<br /> background checks, medical records, employment history, and
<br /> fingerprinting to obtain a license. Localities and states tend to favor
<br /> licensing as a method of regulating questionable uses.
<br /> Health clubs and physical -therapy clinics don't cause alarm
<br />near residential areas, but adult massage parlors do. Cities and
<br />towns that allow these uses usually restrict them to a location at
<br />least 1,000 feet from residential areas or in light industrial areas.
<br />Assuming that licensing requirements will cause most massages
<br />to take place in a reputable businesses, cities sometimes fail to
<br />define clearly in their ordinances what constitutes adult
<br />massage. Adult massage parlors sometimes involve nude
<br />modeling, topless massage, or scantily dressed masseuses
<br />performing massages. Falling under the adult use umbrella,
<br />adult massage is not clearly restricted except for performing sex
<br />for a fee. For example, the adult massage parlor chapter of the
<br />St. Paul, Minnesota, zoning ordinance allows adult massage in
<br />the area zoned for adult uses. The ordinance does not clearly
<br />define or state what is considered adult massage and does not
<br />separate adult massage from any other type of adult use.
<br />Another example of how zoning ordinances can be
<br />misinterpreted occurs in Newport Beach, California, which
<br />allows massage establishments as accessory uses in conjunction
<br />with approved health clubs, hotels, and gyms and also allows
<br />massage establishments as independent uses. The ordinance
<br />states clear restrictions for where massage businesses can locate,
<br />but it does not mention what type of activity is prohibited
<br />within those facilities beyond those that are already illegal.
<br />
<br />Zoning versus Licenslng
<br />Zoning ordinances are excellent tools for regulating land uses.
<br />Licensing, a totally separate task, is a good tool for regulating
<br />certain types of uses. It is important that local officials
<br />understand the difference and the use of each of these tools.
<br />Stringent licensing requirements do not deter controversial
<br />businesses, and zoning ordinances sometimes fail to state clearly
<br />what is unacceptable. Vague zoning ordinances allow the person
<br />
<br />applying for a business permit to interpret the ordinance to his
<br />or her advantage, which causes controversial uses to grow and
<br />sometimes damage the reputation of reputable businesses. Using
<br />performance standards such as the National Certification Exam
<br />can act as an additional tool for regulating massage businesses,
<br />but they must be applied in accordance with a zoning ordinance
<br />that clearly states what is required to practice massage.
<br />
<br />Field of.
<br />Another Dream
<br />
<br /> The cornfields of Iowa that brought us baseball may soon offer
<br /> yet another interesting attraction. A biblical theme park called
<br /> Promised Land Retreat has been proposed for a 111-acre site
<br /> about 30 miles east of Des Moines.
<br /> Leo Van Elswyk, a member of the Jasper County board of
<br />supervisors, has brought his dream to the town of Newton.
<br />Inspired by a theme park he visited in the Netherlands, his plan
<br />proposes a restaurant, museum, hotel, and.girl_shops In
<br />addition, a walking trail will lead visitors through the park to
<br />such attractions as a passion play depicting Christ's crucifixion,
<br />a tabernacle, a biblical fishing village, a petting zoo, a
<br />synagogue, and reproductions of the town of Nazareth, the
<br />Mount of Olives, and the Sea of Galilee.
<br /> After initiating several successful fundraisers, establishing a
<br />group of volunteers called "Friends of Promised Land Retreat,"
<br />and gaining the support of the Greater Newton Area Chamber
<br />of Commerce, Van EIswyk created an advisory committee to
<br />move the project forward. Many members of the committee
<br />helped fund a $27,000 economic feasibility study conducted by
<br />Economic Research Associates in Chicago, which concluded
<br />that there is in fact a market for a biblical theme park in Iowa.
<br />The project site, owned by Van Elswyk, has since been rezoned
<br />from agriculture to general business/retail.
<br /> "I believe it will become the number one attraction in the
<br />nation because of its proximity to Interstate 80," says Van
<br />Elswyk. The project site is located just two miles from the
<br />expressway where approximately 30,000 cars pass by on an
<br />average day and up to 45,000 cars per day pass by during the
<br />summer months. "This is quite a market to tap into," he adds.
<br /> Despite support from the feasibility study, Van Elswyk's plan
<br />has been met with some resistance. "The first hurdle was
<br />concern about traffic," says Brent Port, Jasper County planning
<br />and zoning administrator, who also sits on the advisory
<br />committee. Farmers and residents expressed worries about
<br />increased traffic on the roads in this agricultural area. However,
<br />traffic concerns were lessened recently when Van Elswyk
<br />purchased land adjacent to Interstate 80, providing a direct
<br />entrance to the park. "Many people are now looking at this as a
<br />success. They are looking to see what they can do with their
<br />property to take advantage of this opportunity,~ says Port.
<br /> Van Elswyk maintains that the proposed park has "tremendous
<br />potential for economic development." He is currendy applying for
<br />nonprofit status for the museum and passion play activities of the
<br />park/enabling him to receive grants from a number of different
<br />foundations. The restaurant, hotel, gift shop, parking, and petting
<br />zoo will provide tax revenues for the county.
<br /> With construction expected to begin this summer, Van
<br />Elswyk continues to spread the word to neighboring
<br />communities, finding enthusiastic volunteers along the way.
<br /> £aura Thompson
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