[HISTORY: Adopted by the Village Board of the Village of
Hales Corners as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-25-1999 by Ord. No. 99-09 (§§ 11.09 and 11.19
of the Municipal Code)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person or entity shall engage in the practice of massage
therapy or bodywork, or perform massage therapy or bodywork for gain,
unless such person has previously been issued and holds a valid license
under Ch. 460, Wis. Stats., as amended.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code.
[Adopted 1-10-2000 by Ord. No. 00-01 (§§ 11.09 and 11.20
of the Municipal Code)]
No person shall suffer, cause or permit the operation of a massage
establishment except in strict compliance with this article.
As used in this article, the following terms shall have the
meanings indicated:
The manipulation of the soft tissue of the body for therapeutic
purposes and may include, but is not limited to, effleurage, petrissage,
tapotement, compression, vibration, friction, stroking or kneading,
either by hand or with mechanical or electrical apparatus, for the
purpose of body massage. This may include the use of oil, salt glows,
hot and cold packs or other recognized forms of massage therapy.
A location where the primary or secondary function is to
offer massage services.
The area where services are performed.
An area adjacent to the main entrance that is separate from
any other area where massages are given.
A.
No person shall suffer, cause or permit the conduct of a massage
establishment without having first obtained a license therefor from
the Village Board. A separate license shall be acquired for each such
establishment.
B.
Applications shall be made in writing on forms supplied by the Village
Clerk's office.
C.
All applications shall include:
(1)
A nonrefundable license fee set by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 residence
of each for the last five years.
(c)
Height, weight, color of hair and eyes, social security number,
written proof of age and date of birth.
(d)
The business or occupation for the three years immediately preceding
the date of application.
(e)
Whether a similar license has been revoked or suspended and,
if so, a listing of the same and the locations thereof.
(4)
If the applicant is a corporation, the name and address 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. Such
application shall be made by an agent registered as such who shall
have been a resident of the Village 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 Chapter 445, Zoning, of this Code and all building, fire and health codes and regulations of this Code of Ordinances; or, in the alternative, as to building alterations, 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 the standards contained herein 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 in true and correct.
A.
The Village Clerk shall submit all applications for licenses hereunder
to the Village Board. Approval will be subject to clearance by all
appropriate departments.
B.
The Village Board shall not issue a license for a massage establishment
if it is shown that the operation as proposed by the applicant does
not comply with all applicable state laws and ordinances, and for
all licenses that the applicant or any partner or any officer, director
or stockholder of a corporate application has been convicted in a
court of competent jurisdiction of any offense under Ch. 944, Wis.
Stats.; involving substances included in Subch. II of Ch. 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
intent to deceive made any false, misleading or fraudulent statements
of fact in the application or any other document required by the Village
in conjunction therewith, or that the applicant has not resided in
the Village for at least 90 days prior to date of application.
C.
In the event of denial, the applicant shall receive written notification
thereof setting forth the reason for the denial within 10 days after
such denial.
D.
Licenses granted by the Village Board shall be valid from July 1
to June 30 each calendar year.
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 Village codes.
B.
No establishment shall be open for business between the hours of
10:00 p.m. and 6:00 a.m.
C.
Only a massage therapist licensed pursuant to Article I of this chapter may be employed as a massage therapist by the establishment.
D.
No intoxicating beverages or substances included in Subch. II of
Ch. 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 a sink with hot and cold running
water, is a part of the establishment.
E.
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.
F.
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.
G.
The establishment shall keep current records of the names and addresses of its massage therapist 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 F above.
H.
The establishment shall report any changes of fact required on the
application form and all personnel changes in the Village Clerk's
office within 10 days after the change.
I.
Rooms in which massage is to be practiced or administered shall have
at least 70 square feet of clear floor area and shall maintain a light
level of no less than 40 footcandles as measured at three feet above
the floor. Lighting in colors other than white shall be prohibited.
Such rooms shall not be locked during business hours or during massage
therapy sessions.
J.
Such rooms shall be equipped with massage tables having a surface
impervious to liquids. The surface of such tables shall be positioned
at least two feet from the surface of the floor.
K.
Massage establishments shall prominently and publicly display on
the premises their licenses and permits during all hours of operation.
L.
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 or other appropriate
facilities. Towels and linens shall not be used on more than one patron,
unless they have first been laundered and disinfected. Soiled linens
and paper towels shall be deposited in approved receptacles.
M.
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 Health Department.
Massage table pads and reusable table coverings shall be disinfected
between each massage.
A.
Cause for revocation or suspension. The license granted herein may
be revoked or suspended for up to six months by the Village Board:
(1)
If the applicant has made or recorded any statement required by this
chapter knowing it to be false or fraudulent or intentionally deceptive.
(2)
For the violation of any provision of this chapter, except for establishment
license matters involving violations of Village codes, in which 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 Ch. 944, Wis. Stats.; an offense against the person or property
of a patron; or of an offense involving substances in Subch. II of
Ch. 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, and whether any such offense
occurred on or off the premises of the establishment.
B.
Notice and hearing.
(1)
No license shall be revoked or suspended by the Village Board except
upon due notice and a hearing to determine whether grounds for such
action exist. The notice shall be in writing and shall state the grounds
of the complaint against the licensee.
(2)
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, to
cross-examine opposing witnesses and to present witnesses in his own
behalf under the subpoena of the Village Board, if such is required.
The hearing shall be recorded and a copy of the transcript shall be
available to the licensee at the expense of the licensee. The Village
Board shall decide the matter and shall prepare a written decision,
which shall be filed with the Village Clerk and a copy thereof mailed
to the licensee within 20 days after the hearing.
This chapter does not apply to the following businesses or professional
establishments:
The operation of a massage establishment without a license is
deemed a public nuisance and may be enjoined by the Village.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code.
