For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them:
EMPLOYEE
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.
LICENSEE
The operator of a massage establishment.
MASSAGE
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.
MASSAGE ESTABLISHMENT
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."
MASSAGE SERVICES
The providing of a massage or massages by any person, firm, association
or corporation.
MASSEUR or MASSEUSE
Any person who, for any consideration whatever, engages in the practice
of massage as above defined.
PERSON
Any individual, copartnership, firm, association, joint-stock company,
corporation, or any combination of individuals of whatever form or character.
SAUNA
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.
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. Written proof that each individual is at least 18 years
of age.
B. Current residential addresses.
C. 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. 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.
Any sauna or massage establishment as defined herein shall construct
its facilities and maintain the same in accordance with the following regulations:
A. 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. Shower rooms must be finished in tile or equal material
with proper floor drains.
C. 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. Each sauna or massage establishment shall have a janitor's
closet which shall be provided for the storage of cleaning supplies.
E. 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. Individual lockers shall be made available for use by
each customer. Such lockers shall have a separate key for locking.
G. 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. Each sauna or massage establishment shall have approved
fire extinguishers and fire exits designated by fire exit signs.
I. 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.
J. 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. 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.
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.