[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.]
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 of 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, creams, 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 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.
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 except when employed as part
of a doctor's or chiropractic's practice.[2]
Any individual, copartnership, firm, association, joint stock
company, corporation or any combination of individuals of whatever
form or character.
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]
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]
(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]
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]
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 person may operate as a massage therapist in the Village
without being licensed in accordance with Ch. 460, Wis. Stats.
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:
