Village of Shorewood, WI
Milwaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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:
DIRECTOR
The Director of Public Health Services.
MASSAGE
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.
MASSAGE ESTABLISHMENT
A place where a function is to offer massage by a massage therapist or body worker.
MASSAGE THERAPIST
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.
A. 
License required. No person may carry on the business of operating a massage establishment without a valid license issued under this chapter for each place of business.
B. 
Content of application.
(1) 
Any person desiring a license shall file a written application with the Village Clerk on a form provided by the Clerk's office. The fee required by the Village Fee Schedule shall accompany the application to defray the costs of administration and investigation. If the applicant is a corporation, the name of the corporation shall be set forth exactly as in its articles of incorporation, together with the names and addresses of each of its officers, directors and stockholders, and the application shall be verified by an officer of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners, and the application shall be verified by each partner. If one or more of the partners is a corporation, the provisions of this chapter pertaining to a corporate applicant shall apply to the corporate partner. If the applicant is neither a corporation nor a partnership, the application shall set forth the full name and address of the applicant and be verified by the applicant. The application shall set forth the proposed place of business and the facilities therefor, together with a detailed description of the nature and scope of the proposed business operation.
(2) 
In addition, the following information shall be furnished concerning the applicant, if an individual, and concerning each individual stockholder, officer and director if the applicant is a corporation, and concerning each partner, including limited partners, if the applicant is a partnership:
(a) 
The previous address, if any, for a period of three years immediately prior to the date of application and the dates for such address.
[Amended 4-16-1990 by Ord. No. 1574]
(b) 
The date of birth.
(c) 
Three photographs, one inch by one inch, taken within six months of the date of the application.
(d) 
The business, occupation or employment history for three years immediately preceding the date of application, including but not limited to whether the person previously operating under a permit or license in another city in this or another state had such license suspended or revoked.
(e) 
All convictions, including ordinance violations, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred, subject to § 111.335, Wis. Stats.
(f) 
The name, address and Wisconsin state certificate number for each massage therapist conducting massage therapy or bodywork at the establishment.
C. 
Investigation. Applications for licenses under this chapter shall be referred to the Chief of Police, who shall cause an investigation to be made and report his findings to the Director of Public Health Services. Applicants shall cooperate with any investigation conducted under this chapter and permit access to the proposed place of business and facilities in conjunction with any investigation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Granting of licenses.
(1) 
Within 60 days of the receipt of an application, the Director shall either grant or deny a massage establishment license. The Director shall grant an establishment license if the Director finds that:
(a) 
The required fee has been paid.
(b) 
The application conforms in all respects to the provisions of this chapter.
(c) 
The applicant has not knowingly made a material misstatement in the application.
(d) 
The applicant has fully cooperated in the investigation of the application.
(e) 
The massage establishment, as proposed by the applicant, would comply with all applicable laws, including but not limited to the Village's building, zoning and health regulations.
[Amended 4-16-1990 by Ord. No. 1574]
(f) 
The applicant, if an individual, or any of the stockholders, officers or directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted of any crime involving dishonesty, fraud, deceit or immorality under Ch. 944, Wis. Stats., within five years prior to the date of the application, subject to the provisions of § 111.335, Wis. Stats.
(g) 
The applicant has not had a massage establishment license or a massage therapist certificate or other similar license or permit revoked for cause with written explanation in this or any other state within the five years prior to the date of application.
(h) 
The applicant, if an individual, or any of the officers or directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, is at least 18 years of age.
(i) 
The applicant, if a corporation, is licensed to do business and is in good standing in the State of Wisconsin.
(j) 
The massage establishment, as proposed by the applicant, meets the requirements of this chapter.
(2) 
Licenses granted hereunder shall be for a term of one year, commencing the first day of May and ending the 30th day of April annually. The license fee required under the Village Fee Schedule shall not be prorated, nor shall it be refundable.
[Amended 4-16-1990 by Ord. No. 1574; 9-4-1990 by Ord. No. 1583]
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.
Upon the sale or transfer of any interest in a massage establishment, the license shall be void. Any person desiring to continue to operate a massage establishment following sale or transfer shall apply under this chapter.
[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.
A. 
Licenses may be suspended or revoked for cause and failure to comply with the requirements of this chapter.
B. 
No license may be suspended or revoked until after due notice and hearing before the Director to determine if grounds for revocation exist. Notice of the hearing shall be in writing and served at least 10 days prior to the date of hearing by personally serving the person in charge of the massage establishment and by posting upon the entrance to the massage establishment in the instance of a license suspension or revocation. The notice shall state the grounds of the complaint against the licensee and shall designate the time and place where the hearing will be held.
C. 
Any massage establishment license may be suspended for not more than 90 days or revoked by the Director for any violation of this chapter.
D. 
Written notice of revocation or suspension, together with the reasons therefor, shall be given by the Director to the licensee at his or her last known business address. The licensee may appeal the decision of the Director as provided under Article X of Chapter 535, Zoning, of the Village Code.
[Amended 1-4-1999 by Ord. No. 1778]
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]
A. 
Any person violating this chapter shall be subject to a forfeiture as specified under § 362-13 of this chapter.
B. 
Citations may be issued for all violations of this chapter with or without prior notice.
[Amended 4-16-1990 by Ord. No. 1574]
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.