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.[1]
For the purpose of this article, the following terms shall have
the meanings indicated:
The operator or an agent licensed under this article who
shall not be licensed as a massage therapist.
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.
A place of business wherein private massage is practiced,
used or made available as a principal use of the premises.
The area where private massage is performed.
A person who practices, administers or uses massage for a
consideration, who holds a valid license under Ch. 460, Wis. Stats.[1]
Any person, association, firm, partnership or corporation
licensed by the City to operate a massage establishment.
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.
The genitals, pubic area, buttocks, anus, or perineum of
any person, or the vulva or breasts of a female.
An area adjacent to the main entrance that is separate from
any area where massages are given.
A.
No person, corporation, or other legal entity shall suffer, cause
or permit the conduct of a massage establishment without having first
obtained a license therefor from the Common Council. A separate license
shall be acquired for each such establishment.
B.
No license shall be granted for any establishment, the main entrance
to which is within 75 feet of the main entrance to a residence or
of the common entry hall to residences, nor for any room or rooms
in any hotel or motel.
C.
Applications shall be made in writing on forms supplied by the City
Clerk.
D.
All applications shall include:
(1)
A nonrefundable fee as prescribed in the City's fee schedule;
(2)
The location and mailing address of the proposed establishment;
(3)
For an individual or for each person of a partnership or joint venture
or agent of a corporation:
(a)
Name and present address;
(b)
The two immediately previous addresses and dates of residences
at each;
(c)
Height, weight, color of hair and eyes, social security number,
written proof of age, full set of fingerprints and two photographs
not less than 30 days old and at least two inches by two inches;
(d)
The business or occupation for the two years immediately preceding
the date of application;
(e)
Whether a similar license has been revoked or suspended and,
if so, the reason therefor and the location thereof;
(f)
Whether convicted of any crime or ordinance violation other
than traffic offenses within the past three years and, if so, a listing
of the same and the locations thereof.
(4)
If the applicant is a corporation, the names and addresses of each
officer and director and of the stockholders of such corporation,
together with the extent of the ownership of each and a statement
whether such officer, director or stockholder holds office or stock
in any other corporation conducting a similar business in the State
of Wisconsin. Such application shall be made by an agent registered
as such who shall have been a resident of the City of Prescott for
at least 90 days;
(5)
All phone numbers of the proposed establishment;
(6)
The names, addresses and phone numbers of all persons employed by
the applicant at the proposed establishment at the time of application;
(7)
Certification of compliance of the proposed premises with the Building
Code and Fire Code, or in the alternative, applicant shall file a
bond assuring that any work required to be done to bring the premises
into compliance therewith shall be accomplished prior to the opening
of business. Compliance with such codes and with the standards contained
herein for health and sanitary operation and the acquisition of a
health permit shall be conditions precedent to the opening of business;
(8)
The application shall contain a statement signed by the applicant
and each individual of a partnership or joint venture that all information
contained therein is true and correct;
E.
The issuance of this license shall allow for the licensing of up
to three additional managers for each establishment.
A.
No person shall act or operate for a consideration as a manager without
having first obtained a permit to so do.
B.
Applications for permits shall be in writing on forms supplied by
the City Clerk and shall include:
(1)
A nonrefundable fee as prescribed by the City's fee schedule.
(2)
Applicant's full name and present address, social security number,
written proof of age in excess of 18 years, height, weight, color
of hair and eyes, full set of fingerprints and two photographs not
less than 30 days old and at least two inches by two inches;
(3)
Applicant's two previous addresses and dates of residences at
each;
(4)
The applicant's business, occupation or employment during the
two years immediately preceding date of application;
(5)
Whether the applicant has had a similar permit revoked or suspended
and, if so, the reason therefor and the location thereof;
(6)
Whether the applicant has been convicted of any crime or ordinance
violation other than traffic offenses within the past three years
and, if so, a listing of the same and the locations thereof;
(7)
The name and address of the licensed massage establishment by which
the applicant is employed;
(8)
A statement signed by the applicant that all information contained
therein is true and correct.
A.
Licenses may be granted by the Common Council after a hearing at
which the applicant may be heard at applicant's option. At least
10 days' notice of such hearing shall be given to the applicant.
B.
The Common Council shall grant a license within 30 days of application
unless it is shown, for a massage establishment license, that the
operation as proposed by the applicant does not comply with all applicable
state laws and City ordinances, and for all licenses that the applicant
or any partner or any officer, director or stockholder of a corporate
applicant has been convicted in a court of competent jurisdiction
of an offense under Chapter 944, Wis. Stats., or involving substances
included in Subchapter II of Chapter 961, Wis. Stats., or of an offense
against the person or property of another within the past three years,
that the information required on the application is incomplete or
that any applicant has knowingly or with the intent to deceive made
any false, misleading or fraudulent statement of fact in the application
or any other document required by the City in conjunction therewith,
or that the applicant has not resided in the City for at least 90
days prior to the date of application.
C.
In the event of denial, the applicant shall receive written notification
thereof setting forth the reasons of the denial within 10 days after
such denial.
D.
Licenses granted by the Council shall expire one year from the date
of granting. Reapplication therefor shall be not less than 60 days
prior to such expiration date and shall be the sole responsibility
of the applicant.
E.
No license shall be transferred between locations or persons and
no massage establishment license shall be sold or be subject to transfer
of corporate assets or change of corporate officers or directors.
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.;
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.[2]
A.
In general. Any license granted herein may be revoked or suspended,
indefinitely, or not renewed by the Common Council as follows:
(1)
If the applicant has made or recorded any statement required by this
article knowing it to be false or fraudulent or intentionally deceptive;
(2)
For the violation of any provision of this article, except for establishment
license matters involving a violation of City building codes, in such
case the license shall be revoked after the second conviction thereof
in any license year;
(3)
After one conviction of any establishment personnel of an offense
under Chapter 944, Wis. Stats., or of an offense against the person
or property of a patron of the property or of an offense involving
substance in Subchapter II of Chapter 961, Wis. Stats., where there
is shown the participation or knowledge of any other establishment
personnel or of any individual within the business structure of the
applicant.
B.
Notice of hearing. No license shall be revoked, suspended, or not
renewed by the Common Council except upon due notice and hearing to
determine whether grounds for such action exist. Such hearing shall
be held before the Ordinance Committee. Notice of such hearing shall
be in writing and shall state the grounds of the complaint against
the licensee. The notice shall be served upon the licensee at least
15 days prior to the date of the hearing and shall state the time
and place thereof. The licensee shall be entitled to be heard, to
be represented by counsel, to cross-examine opposing witnesses, to
present witnesses on his or her own behalf under subpoena by the Common
Council if such is required, and the hearing may be stenographically
recorded at the licensee's option and expense. At the conclusion
of such hearing, the Ordinance Committee shall prepare and submit
a report to the Common Council, including findings of fact and conclusions
of law and a recommendation as to what, if any, action the Common
Council should take with respect to the license. The Committee shall
provide the complainant and licensee with a copy of the report.
C.
Appeal. Either the complainant or licensee may file an objection to the report and have the opportunity to present arguments supporting the objection to the Common Council. The Common Council shall determine whether arguments shall be presented orally or in writing, or both. If the Common Council, after arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided at Subsection A. The Common Council shall decide the matter and shall prepare a written decision which shall be filed with the City Clerk, and a copy thereof delivered to the licensee and complainant within 20 days after its decision.
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.