[Code 1992, § 12.12(1)]
It is the purpose and intent of the City that the operation
of massage establishments and massage technicians shall be regulated
so as to further the public interest, safety and welfare by providing
minimum building, sanitation and health standards for such establishments
and providing minimum qualifications for massage technicians.
[Code 1992, § 12.12(2)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The health officer of the City or his authorized representative.
Any method of rubbing, pressing, stroking, kneading, tapping,
pounding, vibrating or stimulating the superficial parts of the human
body with the hands or with any instrument.
Any establishment wherein a principal function is such that
massage is given, engaged in or carried on, or permitted to be given,
engaged in or carried on.
Any person who administers to another person for any form
of consideration a bath massage, manipulation of the body, electric
vibration, magnetic stimulation or similar procedure.
Methods of therapy in which the feet, hands and/or ears are
massaged and which does not require removal of clothing.
[Ord. No. 94-14, § I, 7-25-1994; Code 1992,
§ 12.12(9)]
(a)
All premises used by permittees under this article shall be subject
to periodic inspection by the City for safety of the structure and
the propriety of plumbing, electrical wiring, ventilation, heating
and sanitation. One artificial white light of not less than 100 watts
shall be provided in each room where a massage is being administered.
Walls shall be clean and painted with an approved washable, mold resistant
paint in all rooms where water or steam baths are given. Floors shall
be free from dust, dirt or refuse. All equipment used in the massage
operation shall be maintained in a clean and sanitary condition. Separate
restrooms shall be provided for men and women.
(b)
Towels, sheets and linens of all types and items for personal use
of operators and patrons shall be clean and freshly laundered. Towels,
clothes and sheets shall not be used for more than one person until
relaundered. Heavy white paper may be substituted for sheets, provided
such paper is used once for each person and discarded into a sanitary
receptacle.
(d)
Notwithstanding the provisions of Subsections (a) through (c) of this section, any location upon which the sole form of massage therapy shall be reflexology/shiatsu, the sanitation requirements beyond those required by Chapter 14 of this Code shall be waived with the exception that all premises so used by permittees shall be subject to periodic inspection by the City for the safety of structure and the propriety of electrical wiring, ventilation and heating. Walls shall be clean and painted or wallpapered.
[Code 1992, § 12.12(10)]
The investigating officials of the City, including the health
officer, shall have the right to enter the premises from time to time
during regular business hours for the purpose of making reasonable
inspections to enforce compliance with building, fire, electrical,
plumbing or health regulations. If the applicant for either a massage
establishment permit or a massage technician's permit has a communicable
or venereal disease, or if the applicant is in violation of any federal,
state or local health law or regulation, the application may be denied.
If a permit has been issued, it may be revoked or suspended in the
manner set forth in this article.
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Subdivision I
In General
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[Code 1992, § 12.12(15)]
The owner or operator shall display the massage establishment
permit issued and the permit of every massage technician employed
in the establishment in an open and conspicuous place on the premises.
[Code 1992, § 12.12(16)]
Every massage establishment owner or operator shall report immediately
to the City Clerk any and all changes of address or ownership of the
massage establishment and any changes or transfers of massage technicians
employed in the business or practice.
[Code 1992, § 12.12(17)]
Any permit issued under this article shall be subject to suspension
or revocation by the Council for violation of any prevision of this
article or for any grounds that would warrant the denial of the issuance
of such permit in the first instance.
[Code 1992, § 12.12(18)]
In addition to legal remedies provided in this Code, the operation
of any massage establishment in violation of the terms of this article
shall be deemed a public nuisance and may be enjoined by the City.
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Subdivision II.
Massage Establishment Permit
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[Code 1992, § 12.12(3)]
No person shall engage in, conduct or carry on, or permit to
be engaged in, conducted or carried on, in or upon any premises within
the City, as the owner or operator of, a massage establishment without
having procured a permit as provided in this division, nor without
complying with all statutes, ordinances and regulations applicable
to such establishment and unless such permit is in effect at the time
of such operation.
[Code 1992, § 12.12(4); amended 5-13-2019 by Ord. No. 19-05]
The application for a permit shall be upon a form provided by
the City Clerk and shall set forth the exact nature of the services
to be provided, the proposed place of business and facilities therefor,
and the name and address of the applicant. If the applicant is a corporation,
the names and residence addresses of each of the officers and directors
of the corporation and of each stockholder owning more than 10% of
the stock of the corporation shall be set forth. If applicant is a
partnership, the names and residence addresses of each of the partners,
including limited partners, shall be set forth. In addition, any applicant
for such a permit shall furnish the following:
(1)
Written proof that the individual or partnership applicant is over
18 years old.
(2)
A listing of the name and address of each massage technician employed
or subcontracted by the establishment. Each technician shall provide
of copy of a current and valid State of Wisconsin massage therapist
or bodywork therapist certificate and a copy of a current and valid
driver's license or identification card.
(3)
Occupation or employment of the applicant for the three years immediately
preceding the date of application.
(4)
The history of the applicant in the operation of a massage establishment
or similar business or occupation, including, but not limited to,
whether or not such person, in previously operating in this or another
city or state under permit, has had such permit revoked or suspended
and the reason therefor and the business activity or occupation subsequent
to such action of suspension or revocation.
(5)
All criminal convictions other than misdemeanor traffic violations
and the reasons therefor.
(6)
Such other information as is necessary to discover the truth of matters
required in the application.
(7)
Nothing contained in this section shall be construed to deny to the
investigating official the right to take fingerprints and additional
photographs of the applicant.
[Code 1992, § 12.12(5)]
The permits required by this article shall not apply to hospitals,
nursing homes, sanitaria, persons holding an unrevoked certificate
to practice the healing arts under the laws of the state, physical
therapists, athletic trainers under contracts or anyone who has been
engaged in a massage business continuously for the three years immediately
preceding the effective date of the ordinance from which this section
is derived.
[Code 1992, § 12.12(6); amended 5-13-2019 by Ord. No. 19-05]
All applicants for a massage establishment permit shall be accompanied
by an investigation fee, no part of which shall be refundable. Upon
receipt of the application, the City Clerk shall refer the application
to the Building Department, Fire and Police Departments and City Planning
Department, within 30 days of the date of the application, shall review
records or make an inspection of the premises proposed to be devoted
as a massage establishment and shall make a written recommendation
to the Council concerning compliance with the respective requirements.
[Code 1992, § 12.12(7)]
(a)
The Council shall issue such permit if upon investigation and the
reports filed it is found that:
(1)
The operation as proposed, if permitted, would comply with all
applicable laws, including but not limited to the City's building,
plumbing, electrical, zoning and health regulations and the provisions
of this article.
(2)
The applicant has not been convicted of any offense directly
related to the activity for which applicant is seeking a permit from
the City.
(3)
The applicant has not knowingly and with intent to deceive made
any false, misleading or fraudulent statement of facts in the permit
application or any other document required by the City in conjunction
therewith.
(b)
If the application is denied, notification and reasons for denial
shall be set forth in writing and sent to the applicant by means of
registered or certified mail or hand delivery to the address given
in the application.
[Code 1992, § 12.12(11)]
No massage establishment permit shall be transferable except
with the written approval of the Council. An application for such
a transfer shall be in writing and shall be accompanied by a filing
and investigation fee, no part of which shall be refundable. The application
for such transfer shall contain the same information as required in
this section for an initial application for such permit. If the transfer
is denied, notification and reasons for denial shall be set forth
in writing and shall be sent to the applicant by means of registered
or certified mail or hand delivery.
[Code 1992, § 12.12(8)]
Upon application for a permit, the Clerk may issue a temporary permit to any applicant who is currently the owner or operator of such an establishment pending review and investigation of the application. Such temporary permit shall remain in effect for 30 days, or until the issuance of the permit, unless such permit is denied under Section 18-405, in which event the temporary permit shall become void.
[1]
Editor’s Note: Former Subdivision III, Massage Technician
Permit, adopted Code 1992, § 12.12(12) through (14), as amended,
and which comprised Secs. 18-426 through 18-428, was repealed 5-13-2019
by Ord. No. 19-05.
