2003-195ORDINANCE NO. 2003 - 195
An ordinance rendering licenses for massage technicians and massage establishments void if
the application is incomplete or the license unused for more than 60 consecutive days, with
penalties for violations thereof as set forth in JGO 5. 56.150.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 5.56.082 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"5.56.082 License - No Processing or Grant Due to Incompleteness - Void If
Application Incomplete or Non-Use. A. No massage technician license or massage
establishment license application may be processed by the City Clerk's Office, granted by the
City, City Clerk and/or Common Council, or issued by the City Clerk if the application is
incorrect, false, misleading or incomplete.
B. Any license granted or issued under this chapter shall be void and of no further
force or effect if the application is incorrect, incomplete, false or misleading, or if the license, if
granted, is not used for more than sixty (60) consecutive days. Non-use for purposes of this
section and chapter shall mean the failure to provide licensed services to the public under said
license in an ongoing and substantial manner, and/or if the licensed establishment is not open for
business for more than sixty (60) consecutive days, and/or if the licensed therapist does not
perform or offer massage services to the general public for more than sixty (60) consecutive
days.
C. In the event that an application is incorrect, incomplete, false or misleading, or if
a granted license is based upon an application that is incorrect, incomplete, false or misleading,
or if a granted or issued license is not used for more than sixty (60) consecutive days, then:
(1)
(2)
(3)
(4)
If the massage technician license or massage establishment license has not
yet been granted or issued, then the application shall not be processed by
the City Clerk's Office. In addition, the application shall not be
considered, acted upon or license granted by the Common Council.
If the license has been granted, then the license shall not be issued.
In addition, if the license is already granted or issued, then the license
shall immediately become void and of no further force or effect.
In all such events, the City Clerk's Office shall provide an applicable
written notice to the applicant and/or licensee of such process termination,
application non-consideration, or license non-issuance and/or voiding.
The applicant or licensee may appeal said action in the manner set forth in
this chapter."
SECTION II. Section 5.56.084 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
"5.56.084 Incorrect, False, Misleading Applications, Voided/Revoked Licenses - 3
Year Wait Period Before New Application Can Be Considered or License Granted. Any
person whose massage technician license or massage establishment license is not processed,
denied, not-issued, voided or revoked because of an incorrect, false or misleading application, or
whose license under this chapter is voided or revoked for any other reason, shall not have his or
her new license application under this chapter processed or considered, or license granted or
issued, for three (3) years from the date of the notice to the applicant or licensee. After that date,
the Common Council may consider such new application based upon all factors including, but
not limited to, new information, past revocation, suspension, actions, and related criteria."
ADOPTED: January 12, 2004
APPROVED:
'Igt~v"~ E. ~h~ift~r, City Mana§er
ATTEST:
J,e~'n Ann Wulf,~C~ty Clerk-Treasuy
APPROVED AS TO FORM:
City Attorney
Proposed by: Chief of Police and City Clerk
Prepared by: City Attorney
MOTION BY: Bt±eh
SECOND BY: Steeber
COUNCILMEMBER AYE NAY PASS ABSENT
ADDLE X
MURPHY X
DEGARMO X
STEEBER X
WILLIAMS X
BRIEN X
WELLNITZ X
Ord draft/Massage license void incomplete or non-use