[HISTORY: Adopted by the Common Council of the City of Monona as Title 7, Ch. 9, of the 1994 Code; amended in its entirety 10-21-2013 by Ord. No. 10-13-652. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
License Review Committee — See § 18-13.
Zoning — See Ch. 480.
[Amended 10-16-2017 by Ord. No. 9-17-689; 2-17-2020 by Ord. No. 2-20-725]
As used in this chapter, the following terms shall have the meanings indicated:
MASSAGE ESTABLISHMENT
Any place of business where private massage therapy or bodywork therapy is practiced, used or made available as a principal use of the premises.
MASSAGE THERAPIST
A person who practices, administers or uses or offers to practice, administer or use massage therapy or bodywork therapy for compensation.
MASSAGE THERAPY or BODYWORK THERAPY
As defined in § 460.01(4) of the Wisconsin Statutes, as it may be amended from time to time.
[Amended 2-17-2020 by Ord. No. 2-20-725]
A. 
Establishment. No person, corporation or other legal entity shall cause or permit the operation of a massage establishment within the City without first having obtained a license. A separate license shall be required for each such establishment.
B. 
Massage. No person shall administer massage therapy or bodywork therapy within the City without holding a valid certification as a massage therapist or bodywork therapist from the State of Wisconsin pursuant to § 460.02 of the Wisconsin Statutes, as it may be amended from time to time, which is hereby adopted and incorporated as though fully set forth herein.
C. 
Applicants for a massage establishment license must be 18 years of age or over.
D. 
No license shall be granted for any establishment that is part of, or internally accessible to, a residence, whether by common hallway or otherwise, nor for any room or rooms in any hotel or motel.
E. 
Employment. No person, corporation or other legal entity shall employ or contract for the services of an individual to provide massage therapy or bodywork therapy who is required to be licensed under § 460.02 of the Wisconsin Statutes, unless the individual is licensed under Chapter 460 of the Wisconsin Statutes.
Establishment. All applications shall include:
A. 
The location and mailing address of the proposed establishment.
B. 
For an individual or for each person of a partnership or agent of a corporation:
(1) 
Full name and present residential address.
(2) 
Date of birth.
(3) 
Whether a similar license had been revoked or suspended and, if so, the reason therefor and the location thereof.
(4) 
Whether convicted of any crime or ordinance violation other than traffic offenses within the past five years and, if so, a listing of the convictions and the locations thereof.
C. 
If the applicant is a corporation, the full names and residential addresses of each officer and director and shareholder 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 be a resident of the City of Monona.
D. 
All telephone numbers of the proposed establishment.
E. 
The names, addresses, telephone numbers, and State of Wisconsin Department of Safety and Professional Services credential numbers of all persons employed by the applicant to perform massages or bodywork at the proposed establishment at the time of application.
F. 
The application shall contain a statement signed by the applicant and each individual of a partnership or corporation that all information contained therein is true and correct.
G. 
The nonrefundable fee in the amount set forth in the City's Fee, Forfeiture and Deposit Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The City Clerk shall refer the application to the Police Department, which shall investigate and determine whether the applicant and the establishment proposed to be licensed conform to the requirements of this chapter and other applicable laws and regulations. The Police Department shall refer the application to the Building Inspector, who shall investigate the premises proposed to be licensed to determine whether the premises conforms to the requirements of this chapter, the rules and regulations of the Department of Health Services, and any other applicable laws and ordinances.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Issuance or denial of massage establishment licenses.
A. 
Issuance. The City Clerk shall grant a massage establishment license if the City Clerk finds the application to be complete, the application fee has been paid in full, the applicant meets the qualifications for such license, and the establishment and proposed premises conform to the requirements of this chapter. Such licenses shall be issued and numbered in the order they are granted and shall give the applicant's name and address and the date of the expiration of such license.
B. 
Denial.
(1) 
If the application is denied by the City Clerk, the City Clerk shall, in writing, inform the applicant of the denial, the reasons therefor, and of the opportunity to request a reconsideration of the application by the License Review Committee.
(2) 
The License Review Committee is the official hearing body.
(3) 
Recommendations for denial from the Police Department shall be accompanied by written comments outlining reasons for the recommendation. These comments should be entered on the license application.
(4) 
A representative from the Police Department should attend the License Review Committee meeting at which denials are discussed.
(5) 
The applicant may have letters of reference (letter to state who this letter is from) and/or witnesses. The applicant may be represented by legal counsel at the License Review Committee meeting.
(6) 
At such reconsideration meeting, the applicant may present evidence and testimony as to why the license should be granted.
(7) 
If upon reconsideration the Committee again denies the application, the City Clerk shall notify the applicant in writing of the reasons therefor. An applicant who is denied any license upon reconsideration of the matter may apply to the Common Council for an appeal of the License Review Committee denial.
C. 
Because a license is a privilege, the issuance of which is a right granted solely by the City, the License Review Committee reserves the right to consider the severity and facts and circumstances of an offense when making the determination to deny or not renew a license.
D. 
All licenses issued under this chapter shall expire on the 30th day of June following their issuance.
E. 
No license issued under this chapter shall be transferred between locations or persons, sold or be subject to transfer of corporate assets or change of corporate officers or directors.
A. 
There shall be on the licensed premises at all times a massage therapist properly licensed pursuant to Wisconsin Statutes. The licensee of the establishment shall personally supervise the conduct of the business thereon and shall not violate or permit any technician or employee in his or her employ to violate any provision of this chapter. A violation of any provision of this chapter by an officer, employee or technician shall constitute a violation by the licensee of the establishment.
B. 
No alcohol beverages shall be sold or used on the premises.
C. 
No licensed premises shall be open for business except between 8:00 a.m. and 10:00 p.m.
D. 
All licensed premises shall be maintained in a clean and sanitary condition and in compliance with all City ordinances and state laws and regulations.
E. 
Only massage therapists validly licensed pursuant to Wisconsin Statutes shall be employed as massage therapists by the establishment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
The practice of all massage therapists employed by the establishment shall be limited to the licensed premises.
G. 
No person under the age of 18 years shall be permitted on the premises.
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 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 this subsection above;
K. 
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.
The licensed premises shall be open at all times to inspection by the police officers of the City or the Health Officer or Building Inspector for the purpose of determining whether the premises and the technicians and employees are complying with the provisions of this section.
Any license issued hereunder may be suspended by the Chief of Police or the Mayor for violation of any provision of this chapter. Upon such suspension, the licensee shall be given notice of the reasons for the suspension or revocation and opportunity to be heard before the License Review Committee for the purpose of determining whether such suspension or revocation shall be removed or whether the license shall be suspended or revoked. Any party aggrieved by a decision of the License Review Committee may appeal such action to the Common Council.