[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as Title 7, Ch. 6 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits— See Ch. 192.
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,
cremes, 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 or carried on, any of the activities mentioned in the definition of
"massage" hereof.
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.
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 Town of Cedarburg, the operation of a massage establishment as herein
defined without first having obtained a license from the Town Clerk which
shall be issued upon written application and which shall be subject to cancellation
as hereinafter provided.
A.
Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application in triplicate, under oath, with the Town Clerk upon a form provided by the Town and pay a fee as set by the Town Board to the Town Clerk, who shall issue a receipt which shall be attached to the application filed with the Town Clerk. The Town Clerk shall forthwith refer copies of such application and all additional information to the building, plumbing, electrical and fire inspectors. These officials shall, within 30 days, inspect the premises proposed to be operated as a massage establishment and make recommendations to the Town Board concerning compliance with Town ordinances. After review by the Town Board pursuant to § 200-4, the Town Clerk 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 Town Clerk shall advise the applicant in writing as to whether the application has been granted or denied. If the application is denied, the Town Clerk shall advise the applicant in writing of the reason for such denial.
B.
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.
C.
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:
(1)
Written proof that each individual is at least 18 years
of age.
(2)
Current residential addresses.
(3)
Whether the individual has had any license denied, revoked
or suspended elsewhere for a massage establishment, the reason therefor, and
the business activity of occupation of the individual subsequent to each suspension,
revocation or denial.
(4)
Satisfactory proof that the applicant has been a resident
of the State of Wisconsin for at least one year and of the county for at least
90 days.
A.
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 Town Board may issue, after
receipt of the recommendations of the respective Town departments and public
hearing, a license to maintain, operate or conduct a massage establishment,
unless the Board finds that:
(1)
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 Town, including but not limited to the building,
health, planning, housing, fire prevention and zoning codes of the Town.
(2)
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)
The operation of the massage establishment as proposed
by the applicant, if permitted, would violate the provisions of this chapter.
B.
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 massage establishment as defined herein shall construct its facilities
and maintain the same in accordance with the following regulations. If any
provision of this section is inconsistent with a comparable and applicable
provision of the Building Code, the provision of the Building Code shall govern
to the extent of such inconsistency.
A.
All 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.
Shower rooms must be finished in tile or equal material
with proper floor drains.
C.
Each massage establishment shall have a janitor's closet
which shall be provided for the storage of cleaning supplies.
D.
Floors, walls and equipment in 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.
E.
Individual lockers shall be made available for use by
each customer. Such lockers shall have a separate key for locking.
F.
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.
G.
Each massage establishment shall have approved fire extinguishers
and fire exits designated by fire exit signs.
H.
The establishment shall permit inspection of the premises
at any time during business hours by building, plumbing, fire and health inspectors
and law enforcement officers.
Any person who engages in the practice of massage as herein defined
shall be certified under Ch. 460, Wis. Stats.
No massage establishment in the Town 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 the Wisconsin
Statutes when the premises shall be closed between 2:00 a.m. and 8:00 a.m.
A.
Interference. No person shall prevent, resist or interfere
with any of the officers or employees of the Town in the entering of any premises
or the carrying out of their duties as Town officials or employees.
B.
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)
Any license or permit issued pursuant to this chapter
may be suspended by the Constable without hearing for not more than 30 days.
(2)
Any license or permit issued pursuant to this chapter
may be suspended more than 30 days or revoked by the Town Board after allowing
the licensee or permittee a hearing on notice.
(3)
Any license or permit issued pursuant to this chapter
may be suspended or revoked by a court of competent jurisdiction upon conviction
of an ordinance violation.