[HISTORY: Adopted by the Common Council of the City of Rice Lake
as Title 7, Chapter 7 of the 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 masseurs or masseuses, who render
any service for the licensee and who receive compensation directly from the
licensee but have no physical contact with customers or clients.
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,
cremes, 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."
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.
Any individual, copartnership, firm, association, joint-stock company,
corporation or any combination of individuals of whatever form or character.
A steam bath or heated bathing room used for the purpose of bathing,
relaxing or reducing utilizing steam or hot air as a cleaning, relaxing or
reducing agent.
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 City of Rice Lake, the operation of a massage establishment as herein
defined without first having obtained a license from the City Clerk-Treasurer,
which shall be issued upon written application and which shall be subject
to cancellation as hereinafter provided.
A.
Every applicant for a permit to maintain, operate or
conduct a massage establishment shall file an application, in duplicate, under
oath, with the City Clerk-Treasurer upon a form provided by the City Clerk-Treasurer
and pay a refundable filing fee as set forth in the fee schedule adopted as
part of the annual budget document to the city, which shall issue a receipt
which shall be attached to the application filed with the Clerk-Treasurer.
(1)
The City Clerk-Treasurer shall forthwith refer copies
of such application and all additional information to the Inspection Department
and Fire Department. These agencies shall, within 30 days, inspect the premises
proposed to be operated as a massage establishment and make recommendations
to the Common Council concerning compliance with city ordinances.
[Amended 6-24-1997 by Ord. No. 844]
(2)
Upon receipt of the recommendations of the respective
agencies, the City 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 City Clerk-Treasurer shall advise the applicant, in writing,
as to whether the application has been granted or denied. If the application
is denied, the City Clerk-Treasurer shall advise the applicant, in writing,
of the reason for such denial.
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 such 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 Barron 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 Common Council shall direct
the issuance of the license by the City Clerk-Treasurer to the applicant to
maintain, operate or conduct a massage establishment, unless the Chief of
Police shall find that:
(1)
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 City of Rice Lake, including but not limited
to the Building, Health, Planning, Housing, Fire Prevention and Zoning Codes[1] of the City of Rice Lake;
(2)
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; or
(3)
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.
A.
Any sauna or massage establishment as defined herein
shall construct its facilities and maintain the same in accordance with the
following regulations:
(1)
All sauna rooms, massage parlors and all rest rooms used
in connection therewith shall be constructed of materials and maintained so
that they are impervious to moisture, bacteria, mold or fungus growth.
(2)
Shower rooms must be finished in tile or equal material
with proper floor drains.
(3)
Each sauna establishment having two or more massage rooms
shall be required to have a separate rest room for men and women and provided
with mechanical ventilation with two cubic feet per minute per square foot
of floor area, a minimum of 15 footcandles of illumination, a hand-washing
sink equipped with hot and cold running water under pressure, sanitary towels
and a soap dispenser.
(4)
Each sauna or massage establishment shall have a janitor's
closet which shall be provided for the storage of cleaning supplies.
(5)
Floors, walls and equipment in sauna rooms, massage parlors,
rest rooms 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.
(6)
Individual lockers shall be made available for use by
each customer. Such lockers shall have a separate key for locking.
(7)
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.
(8)
Each sauna or massage establishment shall have approved
fire extinguishers and fire exits designated by fire exit signs.
(9)
Entrance doors during business hours shall be open to
the public the same as any other business.
C.
The establishment shall permit inspection of the premises
at any time during business hours by the Inspection Department, Fire Inspectors,
Health Inspectors and law enforcement officers.
A.
Any person who engages in the practice of massage as
herein defined shall file an application for a permit as a masseur or masseuse,
which application shall be filed with the City Clerk-Treasurer upon the form
provided by the Clerk-Treasurer, and shall pay a nonrefundable filing fee
for the original application and for each renewal application as set forth
in the fee schedule adopted as part of the annual budget document to the City
Clerk-Treasurer.
B.
Application for masseur or masseuse permit.
(2)
The applicant shall further undergo a physical examination
and present the written results thereof for contagious and communicable diseases,
which shall include a test or tests which will demonstrate freedom from tuberculosis,
and each test shall have been made by a licensed physician, and all laboratory
tests shall be in licensed laboratories. The applicant shall then present
a certificate with the results of each such examination signed by a licensed
physician stating that the person examined is either free from any contagious
or communicable disease or is incapable of communicating any such disease
to others. Each applicant shall undergo the physical examination provided
herein and present to the City Clerk-Treasurer the certificate required herein
prior to the commencement of employment and at least once each 12 months thereafter.
C.
Issuance of permit for masseur or masseuse.
(1)
The City Clerk-Treasurer shall direct the issuance of
a permit for a masseur or masseuse upon receipt of a completed application
and upon receipt of a certificate of examination stating that the person examined
is either free from any contagious or communicable disease or is incapable
of communicating any such disease to others.
(3)
Each permit for a masseuse pursuant to this chapter and
any renewal shall be for a one-year term and shall be displayed by the permit
holder while engaged in his or her employment. Permits may be applied for
and will only be issued Monday through Thursday.
No massage establishment in the City of Rice Lake 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 W.S.A.
s. 175.095, 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 city in the entering of any premises
or the carrying out of their duties.
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 or permit issued pursuant to this chapter
may be suspended by the City Police Chief without hearing for not more than
30 days.
(2)
Any license or permit issued pursuant to this chapter
may be suspended more than 30 days or revoked by the board after allowing
the licensee or permittee a hearing on notice.
(3)
Any license or permit issued pursuant to this chapter
may be suspended or revoked by a court of competent jurisdiction upon conviction
of an ordinance violation.
C.
Upon conviction thereof, a person violating any provision
of this chapter shall forfeit not less than $20 nor more than $200 and the
costs of prosecution and, in default of payment of such forfeiture and the
costs of prosecution, shall be imprisoned in the county jail until payment
of such forfeiture and costs of prosecution, but not exceeding 90 days for
each violation.[1]
