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 massage therapists who render
any service for the licensee and who receive compensation directly
from the licensee but have no physical contact with customers or clients.
[Amended 7-14-2010]
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, cremes, 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" in this section.
MASSAGE SERVICES
The providing of a massage or massages by any person, firm,
association or corporation.
MASSAGE THERAPIST
Any person who, for any consideration whatever, engages in
the practice of massage as above defined.
[Amended 7-14-2010]
PERSON
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 Village of Luck, the operation of a massage
establishment as herein defined without first having obtained a license
from the Village 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 each
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 the county for at
least 90 days.
E. A copy
of the license issued under Ch. 460, Wis. Stats., to each massage
therapist providing services at the establishment, if such massage
therapist possesses such license.
[Added 7-14-2010]
Any massage establishment as defined herein shall construct
its facilities and maintain the same in accordance with the following
regulations:
A. All massage rooms 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 rooms, 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 designed by fire exit signs.
H. 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.
I. 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.
J. Entrance doors during business hours shall be open to the public
the same as any other business.
[Amended 7-14-2010]
No person shall administer massage unless he or she shall hold
a current and valid license for that purpose from the Wisconsin Department
of Safety and Professional Services under Ch. 460, Wis. Stats.
[Amended 7-14-2010]
This chapter does not apply to the following persons or entities
who or which operate or conduct their profession as a primary or secondary
function of the business or establishment:
A. Physicians, surgeons, chiropractors, osteopaths, acupuncturists or
physical therapists licensed or registered to practice their respective
professions under the laws of the State of Wisconsin.
B. Barbers and cosmetologists licensed under the laws of the State of
Wisconsin, provided that such massage practice 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.
D. Athletic trainers licensed under Ch. 448, Wis. Stats.
No massage establishment in the Village 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.