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.
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 THERAPIST
A person who practices, administers or uses massage for a
consideration, who holds a valid license under Ch. 460, Wis. Stats.
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.
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;
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.
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.