2002-142 ORDINANCE NO. 2002 - 142
,,tn ordinance updating and recreating danesville's ordinance governing massage practitioners
and establishments not licensed by the state, with penalties for violations thereof an incremental
forfeiture of up to $1,000. OO per violation, as set forth in recreated Section 5.56.150 of the
Janesville General Ordinances.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Chapter 5.56 of thc Code of General Ordinances of the City of Janesvill¢
is hereby repealed and recreated to read as follows:
"Chapter 5.56
MASSAGE TECHNICIANS AND MASSAGE ESTABLISHMENTS
Sections:
5.56.010
5.56.020
5.56.030
5.56.040
5.56.050
5.56.060
5.56.070
5.56.080
5.56.090
5.56.100
5.56.110
5.56.120
5.56.130
5.56.140
5.56.150
Definitions.
Massage technician license--Required.
Massage establishment license--Required.
Exemptions.
Massage Technician License--Application--Form--Information
required--Fee- Applicant's health certificate.
Massage Establishment License--Application--Form--Information
required--Fee- Applicant's health certificate.
License--Issuance when.
License--Denial when.
License--Revocation--Appeal Procedure--Hearing--Decision.
Licensee--Duties.
Inspection.
License--Display required.
License--Transfer or sale prohibited.
Severability.
Violation--Penalty.
5.56.010 Definitions. The definitions for this chapter shall be as follows:
A. "Massage" means the practice, process, or procedure consisting of rubbing,
stroking, kneading or tapping, by physical or mechanical means, including, but not limited to, the
use of oil rubs, heat lamps, salt glows, hot and cold packs, tub and shower or cabinet baths, upon
the external parts or tissues of the body of another for remuneration.
B. "Massage establishment" means a place of business where private massage is
practiced, used or made available as a principal use of the premises.
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C. "Massage technician" shall mean any person, not licensed or registered as a
massage therapist or body worker by the state, who practices, administers or uses or offers to
practice, administer or use massage as defined above, for remuneration.
5.56.020 Massage technician license-- Required. No person or persons shall engage in the
practice, or attempt to practice, massage for remuneration without securing a massage technician
license from the City issued pursuant to the provisions of this chapter unless licensed or
registered under the licensing and registration provisions of Wisconsin Statutes Chapter 440,
Subchapter XI, "Registry of Massage Therapists and Bodyworker", as from time to time
amended or renumbered. The licensing provisions of this chapter do not apply to the extent and
degree as specifically preempted by Wisconsin Statutes Chapter 440, Subchapter XI, and
Wisconsin Statutes Sections 440.9805, 440.981,440.983, and as limited by 440.989, each as
from time to time amended or renumbered.
5.56.030 Massage establishment license-- Required. No person, firm, corporation, or
other entity shall operate a massage establishment without first obtaining a massage
establishment license from the City issued pursuant to the provisions of this chapter unless
limited by Wisconsin Statutes Section 440.989, as from time to time amended or renumbered, or
other applicable laws.
5.56.040 Exemptions. The requirements of this chapter shall not apply to the following
classes of individuals while engaged in the duties of their respective professions: duly licensed
physicians, surgeons, chiropractors, osteopaths, physical therapists, nurses, or massage therapists
and body workers registered or licensed under the laws of the State of Wisconsin. Nor shall this
section apply to barber shops and beauty parlors, barbers and beauticians licensed under the laws
of the State of Wisconsin provided that such massage as is practiced is limited to the head and
scalp.
5.56.050 Massage Technician License--Application--Form--Information required--Fee-
Applicant's health certificate.
A. Every person intending to operate as a massage technician or give massages for
remuneration must apply for and be granted a massage technician license. Every person, firm,
corporation, or other legal entity intending to operate a massage establishment must apply for
and be granted a separate massage establishment license as provided in this chapter. A massage
technician operating as a sole proprietor and employing no other person must apply for and be
granted a massage technician license in order to practice massage. Such application shall be on
forms supplied by the city clerk and shall be signed by the applicant, and contain the following
information.
2.
3.
4.
5.
Name and description of applicant;
Permanent home address;
Proposed business address;
Two recent photographs;
Complete set of fingerprints;
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o
Massage or similar business history or experience, including whether such
person has ever had a massage or similar business license revoked,
suspended or denied;
A complete list of all criminal convictions and city ordinance convictions;
A copy of the diploma or other written proof of graduation from a school
of massage.
B. The application shall be accompanied by a license fee of seventy-five dollars
($75.00). In addition, the application shall be accompanied by the statement of a physician
licensed as such by the State dated within ten days of the application, certifying that the applicant
is free of contagious, infectious, or communicable diseases. Upon receipt of any such
application, accompanied by the bond or insurance required in this chapter, and presentation of
the receipt showing the payment of the prescribed fee, the City Clerk shall notify the City
Council of the application.
5.56.060 Massage Establishment License--Application--Form--Information required--Fee-
Applicant's health certificate.
A. Every person, firm, corporation, or other legal entity intending to operate a
massage establishment must apply for and be granted a massage establishment license. A
massage technician operating as a sole proprietor and employing no other person must also apply
for and be granted both a massage technician, as provided in this chapter, and a massage
establishment license in order to practice massage upon business premises primarily used for
massage and bodywork. Such application shall be on forms supplied by the city clerk and shall
be signed by the applicant, and contain the following information.
2.
3.
4.
5.
6.
o
Name and description of applicant or corporate agent;
Permanent home address;
Proposed business address;
Two recent photographs;
Complete set of fingerprints;
Massage or similar business history or experience, including whether such
person has ever had a massage or similar business license revoked,
suspended or denied;
A complete list of all criminal convictions and city ordinance convictions.
B. The application shall be accompanied by a license fee of two-hundred dollars if
for a massage establishment license. Upon receipt of any such application, accompanied by the
bond or insurance required in this chapter and presentation of the receipt showing the payment of
the prescribed fee, the City Clerk shall notify the City Council of the application.
5.56.070 License--Issuance when. The City Clerk shall issue the appropriate license(s) if the
application is in proper form, the fee is paid and proof of insurance is on file with the City Clerk.
5.56.080 License--Denial when. No license under this chapter shall be granted to any person
convicted of a crime of violence or to any person whose character or physical or mental
condition is found to be inimical to public health, safety, morals, or general welfare.
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5.56.090 License--Revocation--Appeal procedure--Heating-- Decision. The City Clerk shall
revoke any license granted under this chapter or refuse to issue such a license if it is established
that the application therefor was in any manner incorrect or that the licensee or applicant has
violated any part of this chapter or may not be granted a license under this chapter. The licensee
or applicant may appeal such revocation or refusal to the common council by filing an appeal
with its president. Upon filing such appeal, the licensee may continue to operate under an
existing license until the decision of the common council. The common council shall conduct a
heating to determine if the revocation or refusal was justified, giving the licensee or applicant
full due process rights. The common council may then revoke the license, concur in the refusal
to issue, or order its reinstatement or issuance.
5.56.100 Licensee--Duties. Every person licensed under this chapter shall:
A. Refrain from massaging or operating a massage establishment if such person
contracts a contagious, infectious, or communicable disease;
B. Refrain from massaging any other person in a manner intended to arouse, appeal
to or gratify lust, passion, sexual desires, prurient interests or in any manner massage or have
sexual contact with a customer's sexual organs or genitalia or the female breast. It is prohibited
for any massage technician to massage the genitals or genital area of any client or the breasts of
any female client, or for any massage establishment to allow or permit such massage in such
massage establishment or facility, or for any client to permit such massage upon his or her body.
No massage technician shall permit clients to perform massage upon massage technicians or
others. Massage technicians shall not engage in sexual conduct, exposure or gratification, or any
other sexual behavior with or in the presence of a client;
C. Keep a record listing the name and complete address of each customer with the
day and hour of treatment and the name of the technician administering the massage;
D. Refrain from massaging any customer in any room containing a one-way mirror;
E. Refrain from massaging any patron exhibiting any skin fungus, skin infection,
skin inflammation or skin eruptions;
F. Report any change of fact required in the application form to the city clerk within
ten days after such change.
G. Massage technicians shall remain fully clothed while performing massage and
related services.
H. Massage services shall not be given unless clients are clothed, covered, or draped
fully covering genitals of both sexes and the breasts of female clients. With the consent of the
client, this clothing, covering or draping may be repositioned to accommodate specific and
appropriate work on underlying musculature of the chest or abdomen, excluding the mammary
glands.
I. Massage establishments and massage technicians shall maintain good and
sufficient professional liability insurance issued by some surety or indemnity or insurance
company duly authorized to transact business in this state. Such bond or insurance shall describe
the coverage for the massage establishment and/or massage technician. Said bond or insurance
shall provide that the owner or operator issuing the same shall be directly liable for and shall pay
all damages, of whatever sort, that may be recovered against said establishment or technician by
reason of the negligence, malpractice or other causes for a minimum of one hundred thousand
dollars ($100,000.00) to any one person or ~artd dollars ($~00700~.~) per
one million~~ ($1,000,000.00)
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incident. The bond or insurance provided for by this subsection shall be deemed to include any
policy of insurance or other contract in writing by which any surety or insurance company
authorized to execute such contract shall assume the liability prescribed in this subsection. The
City of Janesville shall be named as certificate holder for such a bond or insurance and the City
Clerk Treasurer shall be notified, in writing, if such bond or insurance lapses within five (5) days
of the lapse or in the event of cancellation or expiration of such bond or insurance at least fifteen
(15) days prior to such cancellation or expiration.
5.56.110 Inspection. Every massage establishment shall permit inspections of the premises at
any time during business hours or at other reasonable times upon reasonable notice by building
inspectors, fire inspectors, health inspectors, or personnel of any law enforcement agency.
5.56.120 License--Display required. Licenses granted under this chapter must be
displayed where the customers can observe them on the licensed premises.
5.56.130 License--Transfer or sale prohibited. No massage establishment or massage
technician license shall be transferred between locations or between persons nor shall any
massage establishment license be sold or subject to transfer of corporate assets or change of
corporate officers or directors.
5.56.140 Severability. The provisions of any part of this chapter are severable. If any
provision or subsection hereof or the application thereof to any person or circumstances is held
invalid, the other provisions, subsections and applications of such chapter to other persons or
circumstances shall not be affected thereby. It is declared to be the intent of this chapter that the
same would have been adopted had such invalid provisions, if any, not been included in this
chapter.
5.56.150 Violation--Penalty.
A. Any person, firm, corporation, or other legal entity who violates any part of this chapter
shall upon conviction pay a forfeiture to the City as follows:
1. Not less than fifty dollars nor more than three hundred dollars, together with the
costs of prosecution, for a first violation within twelve months.
2. Not less than one hundred dollars nor more than five hundred dollars, together
with the costs of prosecution, for a second violation within twelve months.
3. Not less than two hundred dollars nor more than one thousand dollars, together
with the costs of prosecution, for a third violation within twelve months.
4. Not less than two hundred fifty dollars nor more than one thousand dollars,
together with the costs of prosecution, for a fourth and subsequent violation
within twelve months.
B. To each such forfeiture the Court shall add and impose against the violator all
customary prosecution court costs, fees, penalties and assessments.
C. Each and every day that a violation continues constitutes a separate offense.
D. The city, in addition to the above penalties, may institute injunction, mandamus,
abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the
violation, and/or the common council may revoke any license or permit issued under this
Chapter.
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E. If, in any action, a license was issued, it shall not constitute a defense, or shall any
error, oversight, or dereliction of duty on the part of the City Official constitute a defense."
SECTION II. This ordinance shall take effect upon adoption and publication the public
health, welfare, safety, peace, tranquility and good order so requiring.
ADOPTED: August 12, 2002
APPROVED:
Stev-~n E. Sheiffer, City Ma~nager
ATTEST:
Je~Ann Wulf, City Clerk-Treasuf
APPROVED AS TO FORM:
City Attorney /- ~' '/''' '
Proposed by:
Prepared by:
Janesville Police Department
City Attorney's Office
MOTION BY: Steeber
SECOND BY: Williams
COUNCILMEMBER AYE NAY PASS ABSENT
STEEBER X
MURPHY X
DAMRON X
WILLIAMS X
DEGARMO X
BRIEN X
O'LEARY X
Word/wald/Ord draft/massage ord
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