[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Title 7, Ch. 6 of the 1988 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 185.
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 massage therapists who render
any service for the licensee and who receive compensation directly
from the licensee but have no physical contact with customers or clients.[1]
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 in or carried on, any of the activities mentioned
in the definition of "massage" hereof.
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.[2]
Any individual, copartnership, firm, association, joint-stock
company, corporation or any combination of individuals of whatever
form or character.
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 Village of Siren, the operation
of a massage establishment as herein defined without first having
obtained a license from the Village Clerk-Treasurer which shall be
issued upon written application and which shall be subject to cancellation
as hereinafter provided.
A.
Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application in triplicate, under oath, with the Village Clerk-Treasurer upon a form provided by the Village and pay a fee as set by the Village Board to the Village Clerk-Treasurer who shall issue a receipt which shall be attached to the application filed with the Clerk-Treasurer and the Chief of Police. The Village Clerk-Treasurer shall forthwith refer copies of such application and all additional information to the Fire Inspector. These officials shall, within 30 days, inspect the premises proposed to be operated as a massage establishment and make recommendations to the Village Board concerning compliance with Village ordinances. After review by the Village Board pursuant to § 360-5, the 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 Clerk-Treasurer shall advise the applicant in writing as to whether the application has been granted or denied. If the application is denied, the Clerk-Treasurer shall advise the applicant in writing of the reason for such denial.[1]
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,
or 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 address.
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 each 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 the 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 Village Board
may issue, after receipt of the recommendations of the respective
Village departments and public hearing, a license to maintain, operate
or conduct a massage establishment, unless the Board finds 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 Village, including but not
limited to the building, health, planning, housing, fire prevention
and zoning codes of the Village.
(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.
(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 massage
establishment as defined herein shall construct its facilities and
maintain the same in accordance with the following regulations:
(1)
All 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 massage establishment shall have a janitor's
closet which shall be provided for the storage of cleaning supplies.
(4)
Floors, walls and equipment in 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.
(5)
Individual lockers shall be made available for use
by each customer. Such lockers shall have a separate key for locking.
(6)
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.
(7)
Each massage establishment shall have approved fire
extinguishers and fire exits designated by fire exit signs.
(8)
Entrance doors during business hours shall be open
to the public the same as any other business.
B.
If any
provision of this section is inconsistent with a comparable and applicable
provision of the Building Code, the provision of the Building Code
shall govern to the extent of such inconsistency.
C.
The establishment
shall permit inspection of the premises at any time during business
hours by building inspectors, fire inspectors, health inspectors and
law enforcement officers.
It shall be unlawful for any person to operate
as a massage therapist in the Village of Siren without first having
been certified in accordance with Ch. 460, Wis. Stats.[2]
No massage establishment in the Village 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 the Wisconsin Statutes, 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 Village in the entering
of any premises or the carrying out of their duties as Village officials
or employees.
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 issued pursuant to this chapter may be:[1]
