[HISTORY: Adopted by the Village Board of
the Village of Shorewood as § 11-404 and Ch. 11, Art. 10
of the 1986 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Director of Public Health Services.
The manipulation of the soft tissue of the body for therapeutic
purposes and may include, but is not limited to, effleurage, pertrissage,
tapotement, compression, vibration, friction, stroking or kneading,
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 and bodywork.
A place where a function is to offer massage by a massage
therapist or body worker.
A person who holds a current and valid certificate as a massage
therapist or body worker from the State Department of Regulation and
Licensing under Ch. 460, Wis. Stats., and practices within the scope
of his or her certificate.
[1]
Editor's Note: Former § 362-2, License procedure,
was repealed 12-6-2021 by Ord. No. 3035.
No person may carry on the business of operating
a massage establishment at any place within the Village without a
premises and professional liability insurance with coverage limits
consistent with those required under Ch. 460, Wis. Stats.
Every massage establishment shall maintain facilities
meeting the following requirements:
A.
Every massage establishment shall have a minimum of
one wash basin.
B.
The massage room shall have a minimum of 40 watts
of lighting for the purpose of observing possible contraindications
of massage.
C.
Massage tables shall have a surface which is impervious
to liquids and shall be furnished with linens, either disposable or
washable, which are changed for each client.
D.
Doors to rooms where massage is administered shall
be unlocked during business hours.
E.
For the purpose of ascertaining compliance with this
chapter and conducting routine inspections, police officers, health
inspectors and building inspectors shall have the right of entry onto
the premises of any massage establishment during business hours.
[1]
Editor's Note: Former § 362-5, Sale or transfer,
was repealed 12-6-2021 by Ord. No. 3035.
[Amended 1-4-1999 by Ord. No. 1778]
No person shall administer massage unless he
or she shall hold a current and valid certificate for that purpose
from the Wisconsin Department of Regulation and Licensing under Ch.
460, Wis. Stats., and performs massage within the scope of that license.
[Amended 4-16-1990 by Ord. No. 1574]
Massage establishments and massage therapists
shall comply with the following operation requirements:
A.
Massage establishments may not commence operations
before 6:00 a.m., and the hours of operation may not extend later
than 10:00 p.m. These hours shall pertain to on-site massages.
B.
Massage establishments and massage therapists shall
prominently and publicly display their licenses and permits on the
premises during all business hours.
C.
Massage establishments shall at all times be equipped
with an adequate supply of clean, sanitary towels, coverings and linens
and proper storage areas for such linens. Soiled linens and paper
towels shall be deposited in receptacles.
D.
Massage shall not be given unless a client's genitals
are fully covered by linens or towels at all times. Female clients
shall also have their breasts covered at all times. Massage therapists
shall be attired in clean clothing.
On-site massages may include home visits and massage in public buildings. The privilege to perform on-site massage shall be available only to those massage therapists as certified and described in the definition of "massage therapist" in § 362-1. This certificate must accompany the massage therapist on all on-site visits.
A.
No massage therapist may massage or offer to massage
the genital area of any patron or the breasts of any female patron,
and no operator of a massage establishment shall allow such massages.
B.
No massage therapist or operator of a massage establishment
shall commit or permit conduct in violation of §§ 944.30
to 944.34 (prostitution), Wis. Stats.
[Amended 1-4-1999 by Ord. No. 1778]
C.
No massage therapist or massage establishment operator
shall perform or allow to be performed sexual contact or sexual intercourse
between therapists and clients.
[1]
Editor's Note: Former § 362-10, Suspension and revocation
of license, was repealed 12-6-2021 by Ord. No. 3035.
This chapter does not apply to the following
persons or entities who or which operate or conduct their profession
as a primary or secondary function of the business or establishment:
A.
Physicians, surgeons, chiropractors, osteopaths, acupuncturists
or physical therapists licensed or registered to practice their respective
professions under the laws of the State of Wisconsin.
B.
Barbers and cosmetologists licensed under the laws
of the State of Wisconsin, provided that such massage practice is
limited to the head and scalp.
C.
Accredited high schools and colleges and coaches and
trainers therein, while acting within the scope of their employment.
D.
Athletic trainers licensed under Ch. 448, Wis. Stats.
E.
Organizations formed exclusively for the purpose of
ballet performance and instruction which have received tax-exempt
status from the United States Internal Revenue Service, upon the presentation
of documentation of such status to the Director.
[Amended 1-6-2003 by Ord. No. 1847]
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in § 115-1 of the Village Code.
In addition to the provisions of § 362-13, compliance with the provisions of this chapter may also be enforced by the proper officers of the Village obtaining an injunctional order issued upon the suit of the Village or upon the suit of any owner or owners of any real estate directly affected by a violation of the provisions of this chapter.
