[HISTORY: Adopted by the Village Board of the Village of
Maple Bluff 2-11-2020. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any place of business where private massage therapy or bodywork
therapy is practiced, used or made available as a principal use of
the premises.
A person who practices, administers or uses or offers to
practice, administer or use massage therapy or bodywork therapy for
compensation.
As defined in Sec. 460.01(4) of the Wisconsin Statutes, as
it may be amended from time to time.
A.
Establishment. No person, corporation or other legal entity shall
cause or permit the operation of a massage establishment within the
Village 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 Village without holding a valid certification as a massage
therapist or bodywork therapist from the State of Wisconsin pursuant
to Sec. 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 Sec. 460.02
of the Wisconsin Statutes, unless the individual is licensed under
Chapter 460 of the Wisconsin Statutes.
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Whether a similar license had been revoked or suspended and, if so,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.
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 Village's
Fee Schedule.
The Village 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 conform to the requirements of this chapter,
the rules and regulations of the Department of Health Services, and
any other applicable laws and ordinances.
Issuance or denial of massage establishment licenses.
A.
Issuance. The Village Clerk shall grant a massage establishment license
if the Village 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 Village Clerk, the Village 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 Police Committee.
(2)
The Police 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 Police
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 Police 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 Village 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 Village Board for an appeal of the
Police Committee denial.
C.
Because a license is a privilege, the issuance of which is a right
granted solely by the Village, the Police 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 Village 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.
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 Village Clerk within
10 days after such change.
The licensed premises shall be open at all times to inspection
by the police officers of the Village 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 chapter.
Any license issued hereunder may be suspended by the Chief of
Police or the Village Administrator 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 Police 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 Police Committee may appeal such action to the Village
Board.
Any person violating any provision of this chapter may be fined
not more than $1,000 for each violation.
