[HISTORY: Adopted by the Common Council of the City of Hudson 8-16-2021 by Ord. No. 16-21; amended in its entirety 2-7-2022 by Ord. No. 3-22. Subsequent
amendments noted where applicable.]
The Common Council finds massage therapy and bodywork therapy
businesses potentially provide an opportunity for the commission of
crimes, including, but not limited to, prostitution. The intent of
the chapter is therefore to prevent businesses from being used as
facilities for commission of crimes and to assure that such businesses
comply with basic consumer standards, thereby protecting the public
health, welfare and safety of the citizens of the City.
Unless the context clearly indicates otherwise, the words below
are defined for the purpose of this section as follows.
An educational institution currently holding accredited status
from a regional accrediting agency approved by the United States Department
of Education or is licensed or registered by the state agency having
jurisdiction over the school. The accredited institution must also
be in compliance with the National Certification Board for Therapeutic
Massage and Bodywork or other nationally recognized certification
licensing organizations.
Acceptable to the health authority following his/her determination
as to conformance with public health practices and standards.
A person, association, business, organization or institution
providing medical, surgical, dental, chiropractic, osteopathic or
physical therapy services where practitioners are licensed by the
state of Wisconsin.
The method of treating the superficial parts of the human
body by rubbing, pressing, stroking, kneading, tapping, pounding,
vibrating, or stimulating with the hands or an instrument for no other
purpose than physical fitness, health care referral, healing, relaxation,
and beautification.
The offering of massage therapy or bodywork therapy to the
general public, regardless of whether the offer is limited only to
select invitees or organizational members.
A person administering massage therapy and bodywork therapy
who meets either of the following sets of criteria:
A practitioner is a member in good standing of the American
Massage Therapy Association, the Associated Bodywork and Massage Professionals,
or other national organization of therapeutic massage professionals
that has a similar written and enforceable code of ethics; and has
either:
An associate works in conjunction with and under the supervision
of a person meeting the practitioner's requirement.
A student of massage therapy is a person enrolled in and attending an accredited institution as defined in § 201-3 of this chapter. This also includes students attending a postgraduate continuing education class, provided it is an approved continuing education class with the National Certification Board for Therapeutic Massage and Bodywork or other nationally recognized certification licensing organization.
The science and healing art that uses manual actions and
adjunctive therapies to palpate and manipulate the soft tissue of
the human body in order to improve circulation, reduce tension, relieve
soft tissue pain, or increase flexibility. "Massage therapy" or "bodywork
therapy" includes determining whether manual actions and adjunctive
therapies are appropriate or contraindicated, or whether a referral
to another health care practitioner is appropriate. "Massage therapy"
or "bodywork therapy" does not include making a medical, physical
therapy, or chiropractic diagnosis.
A male person who practices massage therapy and bodywork
therapy.
A female person who practices massage therapy and bodywork
therapy.
To own, manage or conduct.
A person who:
Free from pathogenic microorganisms.
Includes physical presence as well as telephone referral
situations, in which the business premises, although not actually
located within the City, serves as a point of assignment of employees
who respond to requests for services from within the City.
A.
A person must not operate a massage business within the City unless
the business is currently licensed under this section.
B.
A massage business license may be granted only to an applicant that
has insurance coverage of at least $1,000,000 for personal liability
in the practice of therapeutic massage, which provides coverage for
all practitioners and associates working on the business premises.
A massage business may satisfy this requirement by requiring each
practitioner and associate working on the business premises to provide
that person's own insurance coverage of at least $1,000,000 for
personal liability in the practice of therapeutic massage.
A.
The following people and businesses are exempt from the provisions
of this chapter while performing activities covered by their professional
licenses or professional affiliations:
(1)
People licensed by the State of Wisconsin to practice medicine, surgery,
osteopathy, chiropractic, physical therapy, occupational therapy,
podiatry, and nursing, and people working solely for and under the
direction of those individuals;
(2)
Athletic trainers, certified by the National Association of Athletic
Trainers (NAAT), when working with an amateur, semiprofessional or
professional athlete or athletic team;
(3)
Beauty culturists and barbers licensed by the State of Wisconsin
who do not hold themselves out to give massages, other than that customarily
given in the field and limited to the face, neck and scalp for beautification
purposes only;
(4)
Health care facilities; and
(5)
An accredited institution which provides coursework in massage, or
massage therapy provided:
(a)
The school, college, university or institution meets the criteria
set forth in the definition of student of massage therapy herein;
(b)
The massage therapy is provided during and as part of a course
or clinical component of the school's program or coursework;
and
(c)
The person is supervised by an instructor while providing or
performing massage therapy.
(6)
Any student of massage therapy meeting the definition as set forth
herein and provided:
(a)
The massage therapy is provided during and as a part of a course
or clinical component either 1) at an accredited institution as part
of an accredited program or 2) during a continuing education claim,
provided the class is approved by the National Certification Board
for Therapeutic Massage and Bodywork; and
(b)
The massage therapy student is supervised by an instructor while
providing or performing massage therapy. A notice advising the public
that the person who may provide massage therapy services is a student
of message and is not licensed by the City shall be posted in a conspicuous
location in the room in which the massage therapy is provided.
(7)
A person who has been granted a license under Ch. 460, Wis. Stats.,
by the affiliated credentialing board under that chapter.
B.
A person or organization providing temporary massage therapy such
as "chair massage" is not required to obtain a massage business license
if the following requirements are met:
(1)
The massage is provided in a place of business where the massage
can easily be seen by any employee or visitor on the premises;
(2)
The location does not hold a license to sell alcoholic beverages;
(3)
Massages are offered at the location no more than 10 days per calendar
year;
(4)
Each recipient of a massage remains in an upright position, either
sitting or standing; and
(5)
Each recipient of a massage remains in the normal, daytime attire
worn when entering the business and does not remove any clothing except
outerwear such as a coat or jacket.
A.
An application for a massage business license under this section
must be filed with the Clerk of the City. The application must be
made on a form supplied by the City and contain the following information:
(1)
Whether the applicant is a natural person, a corporation, a partnership,
or other form of organization;
(2)
If the applicant is a natural person:
(a)
The true name, place and date of birth, resident address and
phone number of the applicant;
(b)
Whether the applicant has ever used or has been known by a name
other than his/her true name; and if so, what was such name or names
and information concerning dates and places where used;
(c)
The name of the business if it is to be conducted under a name
other than the applicant's name, in which case a copy of the
certificate required by state law must be attached to the application;
(d)
The street address at which the applicant has lived during the
preceding five years;
(e)
The kind, name and location of every business or occupation
the applicant has been engaged in during the preceding five years;
(f)
The names and addresses of the applicant's employer(s)
and partner(s), if any, for the preceding five years;
(g)
Whether the applicant has ever been convicted of a felony or
other crime. If so, the applicant must furnish information as to the
time, place and offense for each conviction;
(h)
The applicant's physical description;
(i)
Whether the applicant has training or experience in performing
massage therapy; and
(j)
If the individual is a resident alien applying for licensure,
a copy of valid citizenship documentation showing permanent residence
in the United States of America.
(3)
If the applicant is a partnership:
(a)
The names and addresses of the partners and for each partner all information that is required of an individual applicant in Subsection A(2), above;
(b)
The name of the managing partner(s) and the interest of each
partner in the business; and
(c)
A true copy of the partnership agreement. If the partnership
is required to file a certificate for a trade name under state law,
a copy of that certificate must also be attached.
(4)
If the applicant is a corporation or other organization:
(5)
For all applicants:
(a)
Whether the applicant is licensed in other communities to run
similar businesses, and if so, where;
(b)
The names of the masseurs and masseuses who are or will be working for the applicant in the City of Hudson and certification that each meets the minimum requirements of a massage therapist contained in the definitions in § 201-3;
(c)
Whether the applicant has previously been denied a massage license;
(d)
The location of the business premises;
(f)
Other information as the City may require.
B.
A licensee must promptly notify the Clerk of the City of a change
in the information or facts required to be furnished on the application
for a license, even after the license has been issued.
C.
An application for a license must be signed and sworn to. If the
applicant is a natural person, the application must be signed and
sworn to by that person; if a corporation, by an officer of the corporation;
if a partnership, by one of the partners; and if an unincorporated
association, by the manager or managing officer of the association.
D.
An application for a license must be accompanied by one set of plans
and specifications for the establishment.
(1)
The plans must be drawn to scale, accompanied by sufficient specifications
to permit a comprehensive review of the plans, and must include:
E.
An application for a license or a renewal of a license must be accompanied
by the license fee. The fee amount is determined by the Common Council,
listed in the City fee schedule and subject to annual review. If an
application is rejected, the City will refund the license fee paid.
No license may be issued to an applicant who:
A.
Is under 18 years of age;
B.
Has been convicted of a crime directly related to the occupation
and has not shown competent evidence of sufficient rehabilitation
and present fitness to perform the duties and responsibilities of
a licensee as required by § 111.335(4)(d), Wis. Stats.;
C.
Is not a citizen of the United States (resident aliens, as defined in § 201-3, are exempt from this provision);
D.
Is not of good moral character or repute;
E.
Owes taxes, assessments, or other financial claims to a governmental
agency that are due and delinquent; or
F.
Is not the real party in interest of a massage business.
No massage business may be located on property that:
A.
Is zoned as a classification of residential property under the Zoning
Ordinance, except that the Clerk may allow a person with a disability
as defined by the federal Americans with Disabilities Act[1] to offer massage therapy from a separate office in the
person's home, subject to appropriate conditions and subject
to compliance with zoning provisions; or
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
B.
Is subject to taxes, assessments, or other financial claims from
a governmental agency that are due and delinquent, except if a suit
has been commenced and is being diligently prosecuted to question
the amount or validity of taxes.
A.
Investigation process.
(1)
An application for a massage business license will be referred to
the Police Department for investigation of the facts set forth in
the application. The Police Department must prepare a written recommendation
regarding issuance of the license and provide it to the Clerk.
(2)
The Common Council will make the determination whether to approve
or deny the initial license. A denial must be communicated to the
applicant, in writing, specifying the reasons for denial. The applicant
may appeal this denial to the City Council within 10 days of the date
of the denial by submitting a request in writing.
(3)
Applications for license renewals must be submitted to the Clerk at least 30 days before the license expiration. All license renewals are subject to an administratively issued license renewal from the City. A denial must be communicated to the applicant, in writing, specifying the reasons for denial. The applicant may appeal the denial following the procedure in § 201-9C of this Code.
B.
Grounds for denial. A license may be denied for any of the following
reasons:
C.
Appeal procedure.
(1)
The applicant or licensee, as applicable, may appeal the Clerk's
decision to deny renewal of a license to the Common Council by filing
a written appeal with the Clerk within 20 business days after the
date of mailing of the written notice of the Clerk's decision
denying the renewal. The Common Council shall conduct a due process
hearing within 30 business days of the Clerk's receipt of the
written appeal. The Clerk shall provide a minimum of 10 calendar days'
notice to the appellant of the date, time, and location of the hearing.
The Common Council shall issue a written decision on the appeal within
20 business days of the hearing. At the hearing, the appellant may
produce and cross-examine witnesses, present relevant evidence, and
be represented by counsel of the appellant's/licensee's
choosing and at the appellant's/licensee's expense.
(2)
If the Common Council finds the reason(s) for the Clerk's decision
to be sufficient, the decision shall be affirmed. If the Common Council
finds the reason(s) for the Clerk's decision to be insufficient,
the decision shall be reversed, and the license shall be granted and
issued. If the appellant does not appear at the hearing and the Common
Council finds the reason(s) for the Clerk's decision to be sufficient,
the decision shall be affirmed. The Common Council's written
decision on the appeal must specify the reason(s) for its determination.
The Clerk shall give written notice of the Common Council's decision
to the applicant or licensee.
A.
A license is issued to the applicant only and is not transferable
to another holder. No licensee may loan, sell, give or assign a license
to another holder.
B.
The license issued for a massage business is only effective for the
compact and contiguous space specified in the approved license application.
If the licensed premises is to be enlarged, altered, or extended,
the licensee must inform the issuing authority and receive approval
before doing so.
A.
A massage business must not employ or use a person as a masseur or masseuse unless that person meets the definition of a massage therapist in § 201-3.
B.
A massage business must have its license, or a true copy of it, displayed
in a prominent place on the licensed premises.
C.
A massage business must not discriminate on grounds of race, creed,
color, sex, national origin or ancestry in performing services offered
by the licensed establishment.
D.
The person who is receiving the massage must at all times have his/her
buttocks, anus and genitals covered with an appropriate nontransparent
covering.
E.
A masseur performing massages must at all times have his anus, buttocks
and genitals covered with a nontransparent material.
F.
A masseuse performing massages must at all times have her breasts,
buttocks, anus and genitals covered with a nontransparent material.
G.
In those instances when the license is under suspension or revocation,
a licensee, or any employee of the licensee, must not solicit business
or perform massage therapy, and must not allow, encourage or direct
his/her employee to solicit business or perform massage therapy during
that time.
H.
A licensee must not permit the possession or consumption of alcoholic
beverages or illegal controlled substances on the licensed premises.
A.
The City Clerk may suspend or revoke a license issued under this section. The City Clerk's decision to suspend or revoke a massage therapy license shall be in writing and shall specify the reason(s) for such action. Prior to the time for the renewal of the license, the Clerk shall notify the licensee, in writing, of the City's intention suspend or revoke the license and notify the licensee of his or her right to an appeal hearing as provided in § 201-11B.
B.
Appeal procedure.
(1)
The applicant or licensee, as applicable, may appeal the Clerk's
decision to suspend or revoke a license to the Common Council by filing
a written appeal with the Clerk within 20 business days after the
date of mailing of the written notice of the Clerk's decision
suspending or revoking such license. The Common Council shall conduct
a due process hearing within 30 business days of the Clerk's
receipt of the written appeal. The Clerk shall provide a minimum of
10 calendar days' notice to the appellant of the date, time,
and location of the hearing. The Common Council shall issue a written
decision on the appeal within 20 business days of the hearing. At
the hearing, the appellant may produce and cross-examine witnesses,
present relevant evidence, and be represented by counsel of the appellant's/licensee's
choosing and at the appellant's/licensee's expense.
(2)
If the Common Council finds the reason(s) for the Clerk's decision
to be sufficient, the decision shall be affirmed. If the Common Council
finds the reason(s) for the Clerk's decision to be insufficient,
the decision shall be reversed, and the license shall not be suspended
or revoked. If the appellant does not appear at the hearing and the
Common Council finds the reason(s) for the Clerk's decision to
be sufficient, the decision shall be affirmed. The Common Council's
written decision on the appeal must specify the reason(s) for its
determination. The Clerk shall give written notice of the Common Council's
decision to the applicant or licensee.
C.
Revocation. A license may be revoked during the term of a license year and following a due process hearing as described in § 201-11B for one or more of the following reasons. The following are grounds for suspension or revocation of a license:
(1)
Failure to comply with City ordinances or state law;
(2)
Control or possession by the owner, manager, lessee or an employee
of the massage business of alcoholic beverages or illegal controlled
substances on the premises;
(3)
Conviction of the owner, manager, lessee, or an employee of the massage
business of a violation of any ordinance or state statute arising
on the licensed premises;
(4)
Conviction of the owner, manager, lessee, or an employee of the massage
business of prostitution or another crime involving moral turpitude;
and
(5)
Failure to promptly notify the Community Development Director of
a change in the information required to be submitted in a license
application.
A.
Massage rooms, restrooms, bathrooms, janitor rooms, laundry facilities,
and similar facilities used in connection with the massage business
must be constructed of smooth and easily cleanable materials that
are resistant to wear, moisture, bacteria, mold or fungus growth.
The floor-to-wall and wall-to-wall joints must be constructed to provide
a sanitary cove with a minimum radius of one inch.
B.
Restrooms used in connection with the massage business must be provided
with mechanical ventilation with two cfm per square foot of floor
area, a minimum of 20 footcandles of illumination, a hand-washing
sink equipped with hot and cold running water under pressure, single-use
paper towels or other approved drying device and a soap dispenser.
C.
A massage business must have a janitor's closet for the storage
of cleaning supplies. This closet must have mechanical ventilation
with two cfm per square foot of floor area and a minimum of 20 footcandles
of illumination. The closet must include a mop sink.
D.
Floors, walls, other structures, and equipment in massage rooms,
restrooms and bathrooms used in connection with the massage business
must be kept in a state of good repair and sanitary at all times.
Linens and other materials must be stored at least six inches off
the floor in areas protected from contamination. Sanitary towels,
washcloths, cleaning agents and toilet tissue must be made available
for each customer.
E.
Individual lockers or secure areas as set forth herein must be made
available for use by patrons. These lockers must have separate keys
for locking. Instead of individual lockers, massage therapist businesses
may provide secure areas designated for storage of personal items
belonging to employees and patrons while on the premises.
F.
Doors on massage rooms must not have locks, latches or other devices
that can secure a door to prevent its being opened. Massage rooms
must be constructed with air space between partitions and the ceiling,
and be clearly identified by signs. The requirement for an air space
does not apply to massage therapist businesses.
G.
A separate hand sink must be accessible and used by a masseur, masseuse,
and massage therapist before administering massage on each patron
and when hands are soiled.
H.
The furniture upon which the patron reclines while receiving a massage
must either be covered with approved linen or be washed after each
use with a cleaning agent sufficient to prevent the spread of disease.
Linens and towels must be changed after each use and laundered by
a commercial cleaning establishment or in approved laundry facilities
on the premises. Single-use linens must be discarded after each use.
A person who constructs, remodels or converts a building for
use as a massage business must comply with this Code. The person must
submit plans and specifications for the layout, arrangement, and plumbing,
and construction schedules to the Clerk of the City. A building permit
may not be issued for such construction, remodeling or alteration
until the permit has been approved by the health authority.
Massage businesses must be open to inspection by City health,
building and license inspectors and police officers during business
hours. Upon demand by a health inspector or police officer, a person
engaged in providing services in a licensed premises must identify
himself/herself giving his/her true legal name and his/her correct
address.
No customers or patrons may be allowed to enter the licensed
premises after 9:00 p.m. and before 7:00 a.m. daily. No customers
or patrons may be allowed to remain on the licensed premises after
10:00 p.m. and before 7:00 a.m. daily.
No massage therapy business shall be used or operated as or
in conjunction with a sexually oriented business as defined in this
Code.
A person who commits or attempts to commit, conspires to commit
or aids or abets in the commission of an act constituting a violation
of this chapter, whether individually or in connection with one or
more other persons or as principal, agent, or accessory, is guilty
of a misdemeanor. A person who falsely, fraudulently, forcibly or
willfully induces, causes, coerces, permits or directs another to
violate a provision of this chapter is guilty of a misdemeanor.
