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City of Prescott, WI
Pierce County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
It is unlawful for a person, corporation or other legal entity to suffer, cause or permit the operation of a massage establishment or for a person to operate as a massage therapist, agent, manager or employee, except in strict compliance with this article.[1]
[1]
Editor's Note: Throughout this article the term "massage technician" was amended to "massage therapist" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
For the purpose of this article, the following terms shall have the meanings indicated:
MANAGER
The operator or an agent licensed under this article who shall not be licensed as a massage therapist.
MASSAGE
Any process or procedure consisting of rubbing, stroking, kneading or tapping, by physical or mechanical means, upon the external parts or tissues of the body of another for a consideration.
MASSAGE ESTABLISHMENT
A place of business wherein private massage is practiced, used or made available as a principal use of the premises.
MASSAGE ROOM
The area where private massage is performed.
MASSAGE THERAPIST
A person who practices, administers or uses massage for a consideration, who holds a valid license under Ch. 460, Wis. Stats.[1]
OPERATOR
Any person, association, firm, partnership or corporation licensed by the City to operate a massage establishment.
PATRON
Any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any consideration therefor.
SEXUAL OR GENITAL PARTS
The genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
WAITING AREA
An area adjacent to the main entrance that is separate from any area where massages are given.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person, corporation, or other legal entity shall suffer, cause or permit the conduct of a massage establishment without having first obtained a license therefor from the Common Council. A separate license shall be acquired for each such establishment.
B. 
No license shall be granted for any establishment, the main entrance to which is within 75 feet of the main entrance to a residence or of the common entry hall to residences, nor for any room or rooms in any hotel or motel.
C. 
Applications shall be made in writing on forms supplied by the City Clerk.
D. 
All applications shall include:
(1) 
A nonrefundable fee as prescribed in the City's fee schedule;
(2) 
The location and mailing address of the proposed establishment;
(3) 
For an individual or for each person of a partnership or joint venture or agent of a corporation:
(a) 
Name and present address;
(b) 
The two immediately previous addresses and dates of residences at each;
(c) 
Height, weight, color of hair and eyes, social security number, written proof of age, full set of fingerprints and two photographs not less than 30 days old and at least two inches by two inches;
(d) 
The business or occupation for the two years immediately preceding the date of application;
(e) 
Whether a similar license has been revoked or suspended and, if so, the reason therefor and the location thereof;
(f) 
Whether convicted of any crime or ordinance violation other than traffic offenses within the past three years and, if so, a listing of the same and the locations thereof.
(4) 
If the applicant is a corporation, the names and addresses of each officer and director and of the stockholders of such corporation, together with the extent of the ownership of each and a statement whether such officer, director or stockholder holds office or stock in any other corporation conducting a similar business in the State of Wisconsin. Such application shall be made by an agent registered as such who shall have been a resident of the City of Prescott for at least 90 days;
(5) 
All phone numbers of the proposed establishment;
(6) 
The names, addresses and phone numbers of all persons employed by the applicant at the proposed establishment at the time of application;
(7) 
Certification of compliance of the proposed premises with the Building Code and Fire Code, or in the alternative, applicant shall file a bond assuring that any work required to be done to bring the premises into compliance therewith shall be accomplished prior to the opening of business. Compliance with such codes and with the standards contained herein for health and sanitary operation and the acquisition of a health permit shall be conditions precedent to the opening of business;
(8) 
The application shall contain a statement signed by the applicant and each individual of a partnership or joint venture that all information contained therein is true and correct;
E. 
The issuance of this license shall allow for the licensing of up to three additional managers for each establishment.
A. 
No person shall act or operate for a consideration as a manager without having first obtained a permit to so do.
B. 
Applications for permits shall be in writing on forms supplied by the City Clerk and shall include:
(1) 
A nonrefundable fee as prescribed by the City's fee schedule.
(2) 
Applicant's full name and present address, social security number, written proof of age in excess of 18 years, height, weight, color of hair and eyes, full set of fingerprints and two photographs not less than 30 days old and at least two inches by two inches;
(3) 
Applicant's two previous addresses and dates of residences at each;
(4) 
The applicant's business, occupation or employment during the two years immediately preceding date of application;
(5) 
Whether the applicant has had a similar permit revoked or suspended and, if so, the reason therefor and the location thereof;
(6) 
Whether the applicant has been convicted of any crime or ordinance violation other than traffic offenses within the past three years and, if so, a listing of the same and the locations thereof;
(7) 
The name and address of the licensed massage establishment by which the applicant is employed;
(8) 
A statement signed by the applicant that all information contained therein is true and correct.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Licenses may be granted by the Common Council after a hearing at which the applicant may be heard at applicant's option. At least 10 days' notice of such hearing shall be given to the applicant.
B. 
The Common Council shall grant a license within 30 days of application unless it is shown, for a massage establishment license, that the operation as proposed by the applicant does not comply with all applicable state laws and City ordinances, and for all licenses that the applicant or any partner or any officer, director or stockholder of a corporate applicant has been convicted in a court of competent jurisdiction of an offense under Chapter 944, Wis. Stats., or involving substances included in Subchapter II of Chapter 961, Wis. Stats., or of an offense against the person or property of another within the past three years, that the information required on the application is incomplete or that any applicant has knowingly or with the intent to deceive made any false, misleading or fraudulent statement of fact in the application or any other document required by the City in conjunction therewith, or that the applicant has not resided in the City for at least 90 days prior to the date of application.
C. 
In the event of denial, the applicant shall receive written notification thereof setting forth the reasons of the denial within 10 days after such denial.
D. 
Licenses granted by the Council shall expire one year from the date of granting. Reapplication therefor shall be not less than 60 days prior to such expiration date and shall be the sole responsibility of the applicant.
E. 
No license shall be transferred between locations or persons and no massage establishment license shall be sold or be subject to transfer of corporate assets or change of corporate officers or directors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Each establishment shall at all times maintain and comply with the following regulations:
A. 
The establishment shall comply with all City codes;
B. 
Only one nonflashing business sign clearly identifying the establishment as a massage establishment shall be posted at the main entrance. No description of services shall be permitted on such sign;
C. 
No establishment shall be open for business between the hours of 10:00 p.m. and 8:00 a.m.;
D. 
Only massage therapists licensed pursuant to Ch. 460, Wis. Stats., shall be employed as massage therapists by the establishment;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
The practice of all massage therapists employed by the establishment shall be limited to the licensed premises;
F. 
No person under the age of 18 years shall be permitted on the premises;
G. 
No intoxicating beverages or substance included in Subchapter II of Chapter 961, Wis. Stats., shall be permitted in the licensed establishment. Food shall be permitted only when there is no charge therefor and when a food preparation area, including sink with hot and cold running water, is a part of the establishment;
H. 
The establishment shall provide a waiting area for patrons separate from any area wherein massages are given. There shall be direct access to this area from the main entrance or from the hallway connected only to the main entrance;
I. 
The operator or a licensed manager shall be present on the premises at all times during hours of operation and shall be responsible for the operation of the establishment;
J. 
The establishment shall permit inspections of the premises at any time during business hours by building inspectors, fire inspectors, health inspectors, or personnel of any law enforcement agency;
K. 
The establishment shall keep current records of the names and addresses of its massage therapists, agents, managers and employees and the date of employment and termination of each. Such records shall be open to inspection by any of the personnel listed in Subsection J;
L. 
The establishment shall report any change of fact required on the application form and all personnel changes to the City Clerk within 10 days after such change;
M. 
Massage establishments shall keep a record of the date and hour of each massage, the name and address of the patron receiving the massage and the name of the massage therapist practicing or administering the massage. Such records shall be kept for the limited purpose of tracing any communicable disease which may have been contracted by any patron in such massage establishment and shall be made readily available to the inspecting officials and shall be used only for the purpose of tracing communicable diseases and to prevent any further contamination;
N. 
Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Clean towels, coverings, and linens shall be stored in cabinets. Towels have first been laundered and disinfected. Disposable coverings and towels shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in approved receptacles;
O. 
Instruments utilized in performing massage shall not be used on more than one patron unless they have first been sterilized, using disinfecting agents or sterilizing equipment approved by the City of Prescott health officials. Massage table pads and reusable table coverings shall be disinfected between each massage with approved chemicals. Chemicals used during massage shall be stored separately in containers clearly labeled as to contents. All chemical containers shall be stored in cabinets reserved solely for such purpose.[2]
[2]
Editor's Note: Original Sec. 11-7-85(b), Technician regulations, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
In general. Any license granted herein may be revoked or suspended, indefinitely, or not renewed by the Common Council as follows:
(1) 
If the applicant has made or recorded any statement required by this article knowing it to be false or fraudulent or intentionally deceptive;
(2) 
For the violation of any provision of this article, except for establishment license matters involving a violation of City building codes, in such case the license shall be revoked after the second conviction thereof in any license year;
(3) 
After one conviction of any establishment personnel of an offense under Chapter 944, Wis. Stats., or of an offense against the person or property of a patron of the property or of an offense involving substance in Subchapter II of Chapter 961, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant.
B. 
Notice of hearing. No license shall be revoked, suspended, or not renewed by the Common Council except upon due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Ordinance Committee. Notice of such hearing shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented by counsel, to cross-examine opposing witnesses, to present witnesses on his or her own behalf under subpoena by the Common Council if such is required, and the hearing may be stenographically recorded at the licensee's option and expense. At the conclusion of such hearing, the Ordinance Committee shall prepare and submit a report to the Common Council, including findings of fact and conclusions of law and a recommendation as to what, if any, action the Common Council should take with respect to the license. The Committee shall provide the complainant and licensee with a copy of the report.
C. 
Appeal. Either the complainant or licensee may file an objection to the report and have the opportunity to present arguments supporting the objection to the Common Council. The Common Council shall determine whether arguments shall be presented orally or in writing, or both. If the Common Council, after arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided at Subsection A. The Common Council shall decide the matter and shall prepare a written decision which shall be filed with the City Clerk, and a copy thereof delivered to the licensee and complainant within 20 days after its decision.
This article shall not apply to the following classes of individuals while engaged in the duties of their respective professions:
A. 
Physicians, surgeons, chiropractors, osteopaths, masseurs, or physical therapists licensed or registered to practice their respective professions under the laws of the State of Wisconsin, or nurses registered under the laws of the State of Wisconsin, acting under their direction and control.
B. 
Barbershops and beauty parlors, barbers and beauticians licensed under the laws of the State of Wisconsin, provided that such massage as is practiced is limited to the head and scalp.
C. 
Accredited high schools and colleges and coaches and trainers therein while acting within the scope of their employment.
The operation of a massage establishment without a license or the activity of an individual as a massage therapist without a license is deemed a public nuisance and may be enjoined by the City.
Any person violating this article shall be subject to a penalty as provided in § 1-4 of this Code. Each day of violation shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).