[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-30-1994 as Title 7, Ch.
8, of the 1994 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them:
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.[1]
The operator or a massage establishment.
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.
Any establishment having its place of business where any
person, firm, association or corporation engages in or carries or
permits to be engaged or carried on any of the activities mentioned
in the definition of "massage" hereof.
The providing of a massage or massages by any person, firm,
association or corporation.
Any person who, for any consideration whatever, engages in
the practice of massage as above defined.[2]
Any individual, copartnership, firm, association, joint stock
company, corporation or any combination of individuals of whatever
form or character.
A steam bath or heated bathing room used for the purpose
of bathing, relaxation or reducing utilizing steam or hot air as cleaning,
relaxing or reducing agent.
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 the operation of a massage establishment
as herein defined without first having obtained a license from the
Clerk/Treasurer, which shall be issued upon written application and
which shall be subject to cancellation as hereinafter provided.
A.
Every applicant for a permit to maintain, operate or conduct a massage
establishment shall file an application in duplicate, under oath,
with the Clerk/Treasurer upon a form provided by the Clerk/Treasurer
and pay a nonrefundable application fee of $50 to the Village who
shall issue a receipt which shall be attached to the applications
filed with the Clerk/Treasurer. The Clerk/Treasurer shall forthwith
refer copies of such application and all additional information to
the State Department of Health Services. These agencies shall, within
30 days, inspect the premises proposed to be operated as a massage
establishment and make recommendation to the Village Board concerning
compliance with the Village laws and ordinances. Upon receipt of the
recommendations of these agencies, the Clerk/Treasurer shall notify
the applicant as to whether his/her application has been granted,
denied or held for further investigation or corrective action. The
period held for corrective action or additional investigation shall
not exceed an additional 30 days unless otherwise agreed to by the
applicant. At the conclusion of such period or such longer period
if agreed to, the Clerk/Treasurer shall advise the applicant in writing
as to whether the application has been granted or denied. If the application
is denied, the Clerk/Treasurer shall advise the applicant in writing
of the reason for such denial.[1]
B.
The failure or refusal of the applicant to give any information relevant
to the investigation of the application within a reasonable time or
the refusal or failure of the applicant to appear at any reasonable
time and place for examination under oath regarding said application
or the refusal of the applicant to submit to or cooperate with any
inspection required by this chapter shall be grounds for denial of
the application.
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:[1]
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 such
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 Waushara County for
at least 90 days.
A.
Upon receipt of the recommendations of the respective agencies and
with the information contained in the application, together with all
additional information provided therein, the Village Board shall direct
the issuance of the license by the Clerk/Treasurer to the applicant
to maintain, operate or conduct a massage establishment unless the
Chief of Police shall find:
(1)
That the operation of the massage establishment as proposed by the
applicant, if permitted, would not comply with the applicable laws
of the State of Wisconsin and the Village of Coloma, including, but
not limited to, the building, health, planning, housing, fire prevention
and zoning codes of the Village; or
(2)
That the applicant or any other person who shall be directly or indirectly
engaged in the management and operation of the massage establishment
has been convicted of a felony;
(3)
That the operation of the massage establishment as proposed by the
applicant, if permitted, would violate the provisions of this chapter.
B.
The license provided herein shall be for a period of one year from
date of application, unless sooner suspended or revoked. Such license
must be renewed annually.
Any sauna or massage establishment as defined herein shall construct
its facilities and maintain same in accordance with the following
regulations:
A.
All sauna rooms, massage parlors and all restrooms 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 furnished in tile or equal materials with proper
floor drains.
C.
Each sauna establishment having two or more massage rooms shall be
required to have a separate restroom for men and women and provided
with mechanical ventilation with two cfm per square foot of floor
area, a minimum of 15 footcandles of illumination, a hand-washing
sink equipped with hot and cold running water under pressure, sanitary
towels and a soap dispenser.
D.
Each sauna or massage establishment shall have a janitor's closet
which shall be provided for the storage of cleaning supplies.
E.
Floors, walls and equipment in sauna rooms, massage parlors, restrooms
and in the 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.
F.
Individual lockers shall be made available for use by each customer.
Such lockers shall have a separate key for locking.
G.
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.
H.
Each sauna or massage establishment shall have approved fire extinguishers
and fire exits designated by fire exit signs.
I.
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 inconsistence.
J.
The establishment shall permit inspection of the premises at any
time during business hours by the Building Inspector, Fire Inspector,
Health Inspector and law enforcement officers.
K.
Entrance doors during business hours shall be open to the public
the same as any other business.[1]
[1]
Editor's Note: The following original sections of the 1994 Code, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III): Section 7-8-7, Permit for masseur or masseuse; Section 7-8-8, Application for masseur or masseuse; Section 7-8-9, Issuance of permit for masseur or masseuse.
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 time is advanced
under § 175.095, Wis. Stats., when the premises shall be
closed between 2:00 a.m. and 8:00 a.m.
A.
Interference. No person shall prevent, resist, or interfere with
any of the officers or employees of the Village in the entering of
any premises or the carrying out of their duties.
B.
Penalties. Any person violating any provision of this chapter, including
those provisions of the Wisconsin Statutes or any other materials
which are incorporated by reference, shall suffer one or all of the
following penalties; provided, however, that in no case shall the
forfeiture imposed for a violation of any provisions of this chapter
exceed the maximum fine for the same offense under the laws of the
State of Wisconsin:
(1)
Any license or permit issued pursuant to this chapter may be suspended
by the Chief of Police without hearing for not more than 30 days.
(2)
Any license or permit issued pursuant to this chapter may be suspended
more than 30 days or revoked by the Village Board after allowing the
licensee or permittee a hearing on notice.
(3)
Any license or permit issued pursuant to this chapter may be suspended
or revoked by a court of competent jurisdiction upon conviction of
an ordinance violation.
