[HISTORY: Adopted by the Village Board of the Village of Howards Grove as Title 7, Ch. 8, of the 1993 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 237.
Licenses and permits — See Ch. 259.
Zoning — See Ch. 415.
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.[1]
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, creams, 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 or carried, on any of the activities mentioned in the definition of "massage" hereof except when part of a doctor's or chiropractic's practice.
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 except when employed as part of a doctor's or chiropractic's practice.[2]
PERSON
Any individual, copartnership, firm, association, joint stock company, corporation or any combination of individuals of whatever form or character.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Howards Grove, 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. This chapter does not pertain to massage establishments if the operation is part of a doctor's or chiropractor's practice.
A. 
Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application, under oath, with the Village Clerk-Treasurer upon a form provided by the Village and pay a fee as indicated on the Village Rate Schedule to the Village Clerk-Treasurer who shall issue a receipt which shall be attached to the application filed with the Clerk-Treasurer. The Village Clerk-Treasurer shall forthwith refer copies of such application and all additional information to the Fire Inspector. These officials shall, within 30 days, inspect the premises proposed to be operated as a massage establishment and make recommendations to the Village Board concerning compliance with Village ordinances. After review by the Village Board pursuant to § 266-5, the Clerk-Treasurer shall notify the applicant as to whether his 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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 section 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:
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.
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 may issue, after receipt of the recommendations of the respective Village departments and public hearing, a license to maintain, operate or conduct a massage establishment, unless the Board finds:
(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, including but not limited to the building, health, planning, housing, fire prevention and zoning codes of the Village.[1]
[1]
Editor's Note: See also Ch. 175, Building Construction; Ch. 237, Health and Sanitation; Ch. 218, Fires and Fire Prevention; Ch. 415, Zoning.
(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 massage establishment as defined herein shall construct its facilities and maintain the same in accordance with the following regulations:
A. 
All massage establishments and all restrooms used in connection therewith shall be constructed of materials and maintained so that they are impervious to moisture and bacterial, mold or fungus growth.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 establishments, restrooms 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.[3]
[3]
Editor's Note: The following original sections of the 1993 Code of Ordinances and which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 7-8-7, Permit for masseur or masseuse, Sec. 7-8-8, Application for masseur or masseuse, and Sec. 7-8-9, Issuance of permit for masseur or masseuse. See now § 266-7, License required for massage therapist.
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.
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 as Village officials or employees.
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 provision of this chapter exceed the maximum fine for the same offense under the laws of the State of Wisconsin:
(1) 
Any license issued pursuant to this chapter may be suspended by the Village Clerk-Treasurer without hearing for not more than 30 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Any license issued pursuant to this chapter may be suspended more than 30 days or revoked by the Village Board after allowing the licensee a hearing on notice.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Any license issued pursuant to this chapter may be suspended or revoked by a court of competent jurisdiction upon conviction of an ordinance violation.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Any person who shall violate any provisions of this chapter shall be subject to the general penalty provisions of this Code of Ordinances as provided in § 1-4.