[HISTORY: Adopted by the Common Council of the City of Montello 5-7-1984
as Title 7, Ch. 7 of the 1984 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them:
Any and all persons, other than masseurs or masseuses, who render
any service for the licensee and who receive compensation directly from the
licensee but have no physical contact with customers or clients.
The operator of a massage establishment.
Any method of pressure on, friction against or stroking, kneading,
rubbing, tapping, pounding, bathing, touching, binding, painting, irritating,
or stimulating of external parts of the body with hands or with the aid of
any manual, mechanical or electrical apparatus or appliance, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptic oils, powder,
creams, lotions, soaps, ointments, or other similar preparations commonly
used in this practice.
Any establishment having its place of business where any person,
firm, association or corporation engages in or carries on or permits to be
engaged in or carried on any of the activities mentioned in the definition
of "massage."
The providing of a massage or massages by any person, firm, association
or corporation.
Any person who, for any consideration whatever, engages in the practice
of massage as above defined.
Any individual, copartnership, firm, association, joint-stock company,
corporation, or any combination of individuals of whatever form or character.
A steam bath or heated bathing room used for the purpose of bathing,
relaxation, or reducing utilizing steam or hot air as a cleaning, relaxing
or reducing agent.
It shall be unlawful for any person to engage in, conduct or carry on,
or to permit to be engaged in, conducted or carried on, upon any premises
in the City of Montello, the operation of a massage establishment as herein
defined without first having obtained a license from the City Clerk-Treasurer,
which shall be issued upon written application and which shall be subject
to cancellation as hereinafter provided.
A.Â
Every applicant for a license to maintain, operate, or
conduct a massage establishment shall file an application in duplicate, under
oath, with the City Clerk-Treasurer upon a form provided by the City Clerk-Treasurer
and pay a refundable filing fee of $100 to the City, which shall issue a receipt
which shall be attached to the application filed with the Clerk-Treasurer.
The City Clerk-Treasurer shall forthwith refer copies of such application
and all additional information to the Building Inspector and Fire Department.
These agencies shall, within 30 days, inspect the premises proposed to be
operated as a massage establishment and make recommendations to the Common
Council concerning compliance with City ordinances. Upon receipt of the recommendations
of the respective agencies, the City Clerk-Treasurer shall notify the applicant
as to whether his application has been granted, denied, or held for further
investigation or corrective action. The period held for corrective action
or additional investigation shall not exceed an additional 30 days unless
otherwise agreed to by the applicant. At the conclusion of such period, or
such longer period if agreed to, the City Clerk-Treasurer shall advise the
applicant in writing as to whether the application has been granted or denied.
If the application is denied, the City Clerk-Treasurer shall advise the applicant
in writing of the reason for such denial.[1]
B.Â
The failure or refusal of the applicant to give any information
relevant to the investigation of the application within a reasonable time,
or the refusal or failure of the applicant to appear at any reasonable time
and place for examination under oath regarding said application, or the refusal
of the applicant to submit to or cooperate with any inspection required by
this section, shall be grounds for denial of the application.
The application for a license to operate a massage establishment shall
set forth the services to be administered and the proposed place and facilities
thereof. In addition thereto, any applicant for a license, which shall be
the sole proprietor, if a sole proprietor applicant, a partner, if a partnership
applicant, and the designated agent, if a corporate applicant, shall furnish
the following information:
A.Â
Written proof that each individual is at least 18 years
of age.
B.Â
Current residential addresses.
C.Â
Whether the individual has had any license denied, revoked,
or suspended elsewhere for a massage establishment, the reason therefor, and
the business activity or occupation of the individual subsequent to such suspension,
revocation or denial.
D.Â
Satisfactory proof that the applicant has been a resident
of the State of Wisconsin for at least one year and of Marquette County for
at least 90 days.
A.Â
Upon receipt of the recommendations of the respective
agencies and with the information contained in the application, together with
all additional information provided therein, the Common Council shall direct
the issuance of the license by the City Clerk-Treasurer to the applicant to
maintain, operate, or conduct a massage establishment, unless the Chief of
Police shall find that:
(1)Â
The operation of the massage establishment as proposed
by the applicant, if permitted, would not comply with the applicable laws
of the State of Wisconsin and the City of Montello, including but not limited
to the building, health, planning, housing, fire prevention, and zoning codes
of the City of Montello.
(2)Â
The applicant or any other person who shall be directly
or indirectly engaged in the management and operation of the massage establishment
has been convicted of a felony.
(3)Â
The operation of the massage establishment as proposed
by the applicant, if permitted, would violate the provisions of this chapter.
B.Â
The license provided herein shall be for a period of
one year from date of application, unless sooner suspended or revoked. Such
license must be renewed annually.
Any sauna or massage establishment as defined herein shall construct
its facilities and maintain the same in accordance with the following regulations:
A.Â
All sauna rooms, massage parlors and all rest rooms used
in connection therewith shall be constructed of materials and maintained so
that they are impervious to moisture, bacteria, mold, or fungus growth.
B.Â
Shower rooms must be finished in tile or equal material
with proper floor drains.
C.Â
Each sauna establishment having two or more massage rooms
shall be required to have a separate rest room for men and women and provided
with mechanical ventilation with two cfm per square foot of floor area, a
minimum of 15 footcandles of illumination, a hand-washing sink equipped with
hot and cold running water under pressure, sanitary towels and a soap dispenser.
D.Â
Each sauna or massage establishment shall have a janitor's
closet which shall be provided for the storage of cleaning supplies.
E.Â
Floors, walls and equipment in sauna rooms, massage parlors,
rest rooms and in bathrooms used in connection therewith must be kept in a
state of good repair and sanitary at all times. Linens and other materials
shall be stored at least six inches off the floor. Sanitary towels, washcloths,
cleaning agents and toilet tissue must be available for each customer.
F.Â
Individual lockers shall be made available for use by
each customer. Such lockers shall have a separate key for locking.
G.Â
Doors on massage rooms shall not be locked but shall
contain an adequate door latch for privacy. All massage rooms shall be clearly
identified by door plates or signs.
H.Â
Each sauna or massage establishment shall have approved
fire extinguishers and fire exits designated by fire exit signs.
J.Â
The establishment shall permit inspection of the premises
at any time during business hours by building inspectors, fire inspectors,
health inspectors, and law enforcement officers.
K.Â
Entrance doors during business hours shall be open to
the public the same as any other business.
Any person who engages in the practice of massage as herein defined
shall be certified as provided in Ch. 460, Wis. Stats.[2]
No massage establishment in the City of Montello shall be permitted
to remain open for any purpose between 1:00 a.m. and 8:00 a.m. except during
that period of the year for which the standard of time is advanced under § 175.095,
Wis. Stats., when the premises shall be closed between 2:00 a.m. and 8:00
a.m.
A.Â
Interference. No person shall prevent, resist or interfere
with any of the officers or employees of the City in the entering of any premises
or the carrying out of their duties.
B.Â
Penalties. Any person violating any provision of this
chapter, including those provisions of the Wisconsin Statutes or any other
materials which are incorporated by reference, shall suffer one or all of
the following penalties; provided, however, that in no case shall the forfeiture
imposed for a violation of any provision of this chapter exceed the maximum
fine for the same offense under the laws of the State of Wisconsin:[1]
(1)Â
Any license issued pursuant to this chapter may be suspended
by the City Police Chief without hearing for not more than 30 days.
(2)Â
Any license issued pursuant to this chapter may be suspended
more than 30 days or revoked by the Council after allowing the licensee a
hearing on notice.
(3)Â
Any license issued pursuant to this chapter may be suspended
or revoked by a court of competent jurisdiction upon conviction of an ordinance
violation.
