[Code 1993, § 12.07(1); amended by Ord. No. 5-2007, 6-11-2007; 12-8-2025 by Ord. No. 16-2025]
The purpose and intent of the Village is to ensure that massage establishments, as defined in § 46-132, operate in a manner that is in compliance with local, state, and federal law, and further the public interest, safety and welfare of the community and employees by providing minimum building, sanitation and health standards for massage establishments.
[Code 1993, § 12.07(2); amended 12-8-2025 by Ord. No. 16-2025]
(a) 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
MASSAGE
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 a mechanical or electrical apparatus, for the purpose of body massage. This may include the use of oil, salt glows, hot and cold packs and other recognized forms of massage therapy. The term does not include diagnosis or any service or procedure for which a license to practice medicine is required by law.
MASSAGE ESTABLISHMENT
Any location, establishment, or premises that offers massage, massage therapy, or bodyworks therapy. other than those subject to exemptions within § 46-134.
MASSAGE THERAPIST or BODYWORKS THERAPIST
A person who holds a license issued under § 460.05, Wis. Stats.
(b) 
The Village also adopts the definitions within § 460.001, Wis. Stats., not in conflict with this Code.
[Code 1993, § 12.07(3); amended 12-8-2025 by Ord. No. 16-2025]
No person, business, or entity may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the Village, as the owner or operator of a massage establishment, without having procured a permit as provided in this article, nor without complying with all statutes, ordinances and regulations applicable to such establishment and unless such permit is in effect at the time of such operation.
[Code 1993, § 12.07(6); amended 12-8-2025 by Ord. No. 16-2025]
The permitting requirements within this article shall not apply to hospitals, nursing homes, chiropractic practitioners, operating in compliance with Ch. 446, Wis. Stats., or medical practices regulated by Ch. 448, Wis. Stats., licensed barbers and cosmetologists that provide massage limited to the head and scalp, accredited high schools and colleges, coaches and trainers therein while acting within the scope of their employment, or trainers of any amateur, semiprofessional athlete or athletic team.
[Code 1993, § 12.07(4); amended 12-8-2025 by Ord. No. 16-2025]
(a) 
The application for a massage establishment permit shall be upon a form provided by the Clerk and shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefor, and the name and address of each applicant. If the applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and each stockholder owning more than 10% of the stock of the corporation shall be set forth. If the applicant is a partnership, the names and residence addresses of each of the partners, including limited partners, shall be set forth. In addition, any applicant for such a permit shall furnish the following information:
(1) 
The two previous addresses, if any, for the three years immediately prior to the present address of the applicant.
(2) 
Written proof that the individual or partnership applicant is over the age of 18 years.
(3) 
A copy of a current valid photo ID for the permitting agent and all managing members of the establishment.
(4) 
If the applicant is a corporation or business entity, the articles of incorporation under Ch. 185, Wis. Stats., including a single location for its agent and principal office located in the State of Wisconsin.
(5) 
The business, occupation or employment of the applicant for the three years immediately preceding the date of the application.
(6) 
The history of the applicant in the operation of a massage establishment or similar business or occupation, including, but not limited to, whether or not such person, in previously operating in this or another city or state under a permit, has had such permit revoked or suspended and the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
(7) 
All criminal convictions, other than misdemeanor traffic violations, and the reasons therefor.
(8) 
Such other identification and information necessary to discover the truth of the matters as required in Subsection (a)(1) - (7) of this section to be set forth in the application.
[Code 1993, § 12.07(5); amended by Ord. No. 5-2007, 6-11-2007; 12-8-2025 by Ord. No. 16-2025]
Applications for massage establishment licenses under this article shall be referred to the Chief of Police or the Chief's designee, who shall cause an investigation to be made and report the findings to the Village Administrator or designee. Applicants shall cooperate with any investigation conducted under this article and permit access to the proposed place of business and facilities in conjunction with any investigation.
[Code 1993, § 12.07(7); amended 12-8-2025 by Ord. No. 16-2025]
(a) 
Issuance. The Village Board may issue a massage establishment permit if the applicant has established all of the following:
(1) 
The applicant has completed all necessary applications, inspections, and investigations contemplated within this Code, and is in compliance with all applicable laws, including but not limited to the Village's building, plumbing, electrical, zoning, and health regulations.
(2) 
The applicant, officers, directors, partners, or administrative body for the massage establishment has not been convicted in a court of competent jurisdiction of an offense which substantially relates to the circumstances of the permitted activity.
(3) 
The applicant, officers, directors, partners, or administrative body for the massage establishment has not knowingly provided false, misleading, or fraudulent information in the permit application or in any communication or documentation provided to the Village related to the massage establishment permit.
(4) 
If applicant is a corporation, the applicant has submitted valid articles of incorporation and is currently in good standing in the State of Wisconsin.
(5) 
The applicant has provided proof of professional liability insurance in the amount not less than $1,000,000 per occurrence and $2,000,000 for all occurrences in one year.
(6) 
The applicant has submitted proof that all individuals that engage in massage or massage therapy are licensed pursuant to §§ 460.02 and 460.05, Wis. Stats.
(b) 
Conditions upon issuance. At the time of original issuance of the massage establishment permit, or upon agreement of the permittee, the Village may impose such reasonable conditions on the operation of the establishment that would promote health, safety, or welfare of the public and surrounding community. Such conditions may include but are not limited to:
(1) 
Limitations to hours of operation.
(2) 
Camera or surveillance systems on the exterior or internal public areas (excluding massage rooms).
(3) 
Recordkeeping and disclosure requirements.
(c) 
Denial.
(1) 
The Village Board may deny any license which is not in compliance with this article or upon the determination that there is a rational basis that the plan or operation of the massage establishment would negatively impact public health, safety, welfare, or violate the law.
(2) 
Notice of denial. If the permit is denied, the Village Clerk or designee will provide a written denial letter setting forth the reasons for denial. Reasons for denial shall be set forth in writing and sent to the applicant by registered or certified mail or hand delivered to the address given in the application.
[1]
Editor's Note: Former § 46-138, Temporary massage establishment permit, adopted as § 12.07(8) of the 1993 Code, was repealed 12-8-2025 by Ord. No. 16-2025.
[Code 1993, § 12.07(9); amended 12-8-2025 by Ord. No. 16-2025]
(a) 
All massage establishments issued under this article shall comply with the following requirements or be subject to revocation or suspension:
(1) 
All massage establishments shall require that anyone who engages in massage, bodyworks, or physical contact with a customer or patron hold a valid license pursuant to Ch. 460, Wis. Stats.
(2) 
All massage establishments must obtain records of state licensure for all employees engaging in massage or bodywork therapy at the time of hire and retain that information for a period of two years, regardless of whether the employee continues employment at the massage establishment.
(3) 
All massage establishments are required to comply with all local, state, and federal laws.
(4) 
All massage establishments are required to display the massage establishment permit issued by the Village and the state license permit of each and every massage therapist or bodywork therapist employed by the massage establishment in an open and conspicuous place on the premises.
(5) 
All massage establishments that have been issued with conditions to permitting pursuant to § 46-137(b) are required to comply with those conditions.
(6) 
All massage establishments must comply with all applicable sanitation requirements, including:
a. 
All premises used by massage establishment permittees shall be subject to periodic inspection by the Village for safety of the structure and the propriety of plumbing, electrical wiring, ventilation, heating and sanitation. The massage room shall have a minimum of 40 watts of lighting for the purpose of observing possible contraindications of massage. The walls shall be clean and painted with an approved washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the massage operation shall be maintained in a clean and sanitary condition.
b. 
Towels, sheets and linens of all types and items for the personal use of operators and patrons shall be clean and freshly laundered. Towels, clothes and sheets shall not be used for more than one person. Reuse of such linens is prohibited unless the linens have first been laundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle.
c. 
Every massage establishment shall have a minimum of one wash basin.
(7) 
All massage establishments must maintain professional liability insurance in the amount not less than $1,000,000 per occurrence and $2,000,000 for all occurrences in one year.
(8) 
No massage establishment may allow massage therapy or bodyworks therapy to occur off the permitted premises.
[Code 1993, § 12.07(10)]
No massage establishment permit shall be transferable, except with the written approval of the Village Board. An application for such a transfer shall be in writing and shall be accompanied by a filing and investigation fee as set by the Village Board, no part of which shall be refundable. The application for such transfer shall contain the same information as required in this article for an initial application for such a permit. In the event of a denial of such transfer application, notification and reasons for such denial shall be set forth in writing and shall be sent to the applicant by means of registered or certified mail or hand delivered.
[Code 1993, § 12.07(12); amended 12-8-2025 by Ord. No. 16-2025]
Massage establishments shall commence operations no earlier than 6:00 a.m. and end no later than 9:00 p.m., unless designated otherwise via conditions imposed on the permit.
[Code 1993, § 12.07(11); amended Ord. No. 5-2007, 6-11-2007; 12-8-2025 by Ord. No. 16-2025]
(a) 
Any permit issued under this section may be suspended, revoked, or nonrenewed by the Village Board after notice to the permittee and a hearing. Permits may be suspended, revoked, or not renewed for the following causes:
(1) 
The making of any materially false statement in any application for a permit.
(2) 
Violation of or failure to comply with any federal, state or local law or requirements to hold the permit.
(3) 
The failure to pay any special assessment, special charges, or other tax due to the Village.
(b) 
Commencement of proceedings. Suspension, revocation, or nonrenewal proceedings may be initiated upon a sworn written complaint made and filed with the Village Clerk or by the Village Board upon its own motion.
(c) 
Procedure.
(1) 
Upon commencement of proceeding pursuant to Subsection (b), the Village Board shall cause summons to be issued to the permittee, along with the sworn complaint, and have the summons and complaint served upon the permittee pursuant to § 801.11, Wis. Stats.
a. 
The summons shall contain the date, time, and location for appearance by the permittee.
b. 
The complaint shall contain a statement of the Village Board's intention to suspend, revoke, or not renew the permit in the event any of the allegations are found to be true; a statement of the reasons for suspension, revocation, or nonrenewal; notification to the permittee of an opportunity to be heard, respond to and challenge the reasons for suspension, revocation, or nonrenewal and to present and cross examine witnesses under oath; and notification to the permittee of the right to be represented by counsel of the permittee's choice and at the permittee's expense.
(2) 
If the permittee fails to appear on the date and time designated in the summons, the Village Board or committee designated by the Village to hold said hearing may consider the allegations of the complaint to be true. The Village Board or designated committee shall then deliberate on what sanction, if any, to impose.
(3) 
If the permittee appears before the Village Board or designated committee at the date and time designated in the summons and denies the material charges contained in the complaint, an evidentiary hearing shall be held or scheduled. If the permittee does not appear or appears but does not deny the material charges contained in the complaint, the complaint may be taken as true and the committee shall hear the arguments of the complainant and, if applicable, the permittee in connection with whether to non-renew, revoke, or suspend the permit and the length of the suspension.
(4) 
If the matter proceeds to hearing before the Village Board or designated committee, the following procedures shall apply:
a. 
The complainant shall first present evidence in support of the complaint.
b. 
After the complainant rests, the permittee may present evidence in opposition to the charges.
c. 
The complainant and permittee may subpoena and present witnesses. All witnesses shall testify under oath or affirmation and shall be subject to cross examination.
d. 
The complainant and permittee may each be limited to one hour for testimony unless the chair, subject to approval of the committee, extends the time to assure a full and fair presentation.
e. 
At the close of testimony, the complainant and permittee may be given a reasonable time to make arguments upon the evidence produced at hearing.
(d) 
Miscellaneous procedural matters.
(1) 
At all stages of the proceedings, the permittee shall be entitled to appear in person or by an attorney at his or her own expense.
(2) 
If the complaint is in the name of the committee or is brought by a Village official in his/her official capacity, the complainant shall be represented by a prosecuting Village Attorney.
(3) 
The Village Board or designated committee may be represented by an advisory attorney who shall not be the same individual as the prosecuting attorney.
(4) 
The Village Board President or chair of the designated committee hearing the complaint shall be the presiding officer. The presiding officer shall direct that oaths and affirmations be administered and subpoenas issued upon request of either side. The presiding officer shall ensure that an orderly hearing is conducted in accordance with the provisions of this section. The presiding officer shall rule on objections to the admissibility of evidence. Any ruling of the presiding officer shall be final unless appealed to the Village Board or designated committee of those members present and voting reverses such ruling.
(5) 
An audio recording or stenographic record shall be made of all proceedings at the hearing. Any interested party may obtain a copy of the recording or transcript at his or her own expense.
(e) 
Findings and recommendations.
(1) 
After the close of the hearing, the Village Board or designated committee shall deliberate and reach a decision. The Village Board or designated committee shall cause to be prepared findings on factual matters, conclusions of law, and a recommendation on what action, if any, should be taken with regard to the permit(s) at issue. The report shall be filed with the Village Clerk, with a copy to the permittee and complainant. The findings and recommendations shall be distributed to each member of the Village Board.
(2) 
The permittee and complainant may file a written statement or response to the findings and recommendations, including objections, exceptions, and arguments of fact and law. A written statement must be filed with the Village Clerk before the close of business on a day that is at least three working days prior to the date set for any final determination by the Village Board. The Village Board should be given copies of any written statements in advance of a Village Board meeting scheduled to address the committee's findings and recommendations.
(f) 
Final determination by Village Board.
(1) 
Not less than five working days prior to the matter being scheduled before the Village Board for final determination on the complaint, the Village Clerk shall notify the permittee and complainant by United States first-class mail, postage prepaid, sent to the last known address, that the Village Board will convene to determine the matter.
(2) 
The Village Board may deliberate or debate the findings of fact, conclusions of law, and recommendation. Neither the complainant nor the permittee shall be permitted to make oral arguments.
(3) 
The Village Board shall determine by a majority vote of those in attendance and voting whether to adopt the findings of fact, conclusions of law, and recommendation or make such modification as is deemed appropriate. Such vote shall be a roll call vote. Upon an affirmative vote suspending, revoking, or not renewing the permit(s), the Clerk shall give notice to the person whose permit is affected. If the Village Board finds the complaint to be untrue or unsupported by sufficient evidence, the proceedings shall be dismissed without cost to the accused.
(g) 
Surrender of permit.
(1) 
A permittee may, at any time during the permit year, surrender a permit to the Village Clerk, along with a statement, in writing, that the permittee no longer wishes to conduct permitted activity at the permitted premises.
(2) 
Except as set forth in Subsection (g)(3) below, the surrender shall operate to extinguish any right the permittee had to the permit or to conduct permitted activity at the premises listed in the permit.
(3) 
If a summons and complaint has been issued against the permittee seeking suspension, revocation, or nonrenewal of the permit, the surrender of the permit shall be deemed a request and the matter shall be referred to the Village Board, which may approve the request or deny the request and proceed to hearing.
(4) 
Any request to have a surrendered permit returned shall be treated as a new permit application and the requestor must fill out the required applications and pay the required fees. The request shall thereafter be treated as all other new permit applications.
(h) 
Prohibition on future issuance. If a permit is revoked or not renewed due to action by the Village Board, at least two years shall elapse before another permit may be given to the same permittee.
[1]
Editor's Note: Former §§ 46-143 and 46-144, which pertained to investigation of applicants, fees, and issuance or denial of permits, were repealed 6-11-2007 by Ord. No. 5-2007. Former § 46-145, Display of permits, adopted as § 12.07(15) of the 1993 Code, was repealed 12-8-2025 by Ord. No. 16-2025.
[Code 1993, § 12.07(16); amended Ord. No. 5-2007, 6-11-2007; 12-8-2025 by Ord. No. 16-2025]
Every massage establishment owner or operator shall immediately report to the Clerk any and all changes of address or ownership of the massage establishment.
[Code 1993, § 12.07(17)]
In addition to the legal remedies provided for in this article, the operation of any massage establishment in violation of the terms of this article shall be deemed a public nuisance and may be enjoined by the Village.
[Code 1993, § 12.07(18)]
The fee for all licenses and permits provided for by this article shall be as stated in § 46-431.