150 - Regulations for Massage Establishments

Ordinance #150
Licensing & Regulation
Regulations for Massage Establishments - Village of Hales Corners


WHEREAS, the Village Board having considered the regulation of massage establishments in the Village and having reviewed such regulations adopted by other Wisconsin municipalities and staff information obtained from their experience and having received the input and recommendations from Village staff and Departments and an existing establishment operator in the Village; and

WHEREAS, the Village Board having considered the intent to maintain an appropriate balance between the peace and quietude of residential neighborhoods, adjoining business corridors within the Village, and the community's need for such businesses for economic and resident service purposes, as well as its intent to reasonably regulate business to address the health, safety and welfare of Village residents and visitors to the community alike.

NOW, THEREFORE, the Village Board of the Village of Hales Corners, Wisconsin, do ordain as follows:

SECTION 1: sec.11.20 of the Municipal Code of the Village of Hales Corners, Wisconsin, be and the same is hereby created to read as follows:


(1) REGULATION. No person shall suffer, cause or permit the operation of a massage establishment except in strict compliance with this section.

(2) DEFINITIONS. For the purposes of' this section:

Massage. The manipulation of the soft tissue of the body for therapeutic purposes and may include, but is not limited to, effleurage, petrissage, tapotement, compression, vibration, friction, stroking or kneading, either by hand or with mechanical or electrical apparatus, for the purpose of body massage. This may include the use of oil, salt glows, hot and cold packs or other recognized forms of massage therapy.

Massage Establishment. A location where the primary or secondary function is to offer massage services.

Massage Room. The area where services are performed.

Waiting Area. An area adjacent to the main entrance that is separate from any other area where massages are given.

(3) MASSAGE ESTABLISHMENT LICENSE. (a) No person shall suffer, cause or permit the conduct of a massage establishment without having first obtained a license therefor from the Village Board. A separate license shall be acquired for each such establishment.

(b) Applications shall be made in writing on forms supplied by the Village Clerk's office.

(c) All applications shall include:

1. A nonrefundable license fee of $100.

2. The location and mailing address of the proposed establishment.

3. For an individual or for each person of a partnership or joint venture or agent of a corporation:

a. Name and present address.

b. The 2 immediately previous addresses and dates of residence of each for the last 5 years.

C. Height, weight, color of hair and eyes, social security number, written proof of age and date of birth.

d. The business or occupation for the 3 years immediately preceding the date of application.

e. Whether a similar license has been revoked or suspended and, if so, a listing of the same and the locations thereof.

4. If the applicant is a corporation, the name and address of each officer and director and of the stockholders of such corporation, together with the extent of the ownership of each, and a statement whether such officer, director or stockholder holds office or stock in any other corporation conducting a similar business in the State. Such application shall be made by an agent registered as such who shall have been a resident of the Village for at least 90 days.

5. All phone numbers of the proposed establishment.

6. The names, addresses and phone numbers of all persons employed by the applicant at the proposed establishment at the time of application.

7. Certification of compliance of the proposed premises with Chapter 8 and all building, fire and health codes and regulations of this Code of Ordinances; or, in the alternative, as to building alterations, applicant shall file a bond assuring that any work required to be done to bring the premises into compliance therewith shall be accomplished prior to the opening of business. Compliance with such codes and the standards contained herein shall be conditions precedent to the opening of business.

8. The application shall contain a statement signed by the applicant and each individual of a partnership or joint venture that all information contained therein in true and correct.


(a) The Village Clerk shall submit all applications for licenses hereunder to the Village Board. Approval will be subject to clearance by all appropriate departments.

(b) The Village Board shall not issue a license for a massage establishment if it is shown that the operation as proposed by the applicant does not comply with all applicable State laws and ordinances, and for all licenses that the applicant or any partner or any officer, director or stockholder of a corporate application has been convicted in a court of competent jurisdiction of any offense under Ch. 944, Wis. Stats.; involving substances included in Sub. 11 of Ch. 961, Wis. Stats.; or of an offense against the person or property of another within the past 3 years, that the information required on the application is incomplete or that any applicant has knowingly or with intent to deceive made any false, misleading or fraudulent statements of fact in the application or any other document required by the Village in conjunction therewith, or that the applicant has not resided in the Village for at least 90 days prior to date of application.

(c) In the event of denial, the, applicant shall receive written notification thereof setting forth the reason for the denial within 10 days after such denial.

(d) Licenses granted by the Village Board shall be valid from July 1 to June 30 each calendar year.

(e) No license shall be transferred between locations or persons and no massage establishment license shall be sold or be subject to transfer of corporate assets or change of corporate officers or directors.

5. REGULATIONS OF OPERATIONS AND LICENSES. (a) Each establishment shall at all times maintain and comply with the following regulations:

1. The establishment shall comply with all Village codes.

2. No establishment shall be open for business between the hours of 10 p.m. and 6 a.m.

3. Only a massage therapist licensed pursuant to sec.11.19 of this Code may be employed as a massage therapist by the establishment.

4. No intoxicating beverages or substances included in Sub. 11 of Ch. 961, Wis. Stats., shall be permitted in the licensed establishment. Food shall he permitted only when there is no charge therefor and when a food preparation area, including a sink with hot and cold running water, is a part of the establishment.

5. The establishment shall provide a waiting area for patrons separate from any area wherein massages are given. There shall be direct access to this area from the main entrance or from the hallway connected only to the main entrance.

6. The establishment shall permit inspections of the premises at any time during business hours by building inspectors, fire inspectors, health inspectors or personnel of any law enforcement agency.

7. The establishment shall keep current records of the names and addresses of its massage therapist and employees and the date of employment and termination of each. Such records shall be open to inspection by any of the personnel listed in subpar. 6 above.

8. The establishment shall report any changes of fact required on the application form and all personnel changes in the Village Clerk's office within 10 days after the change.

9. Rooms in which massage is to be practiced or administered shall have at least 70 sq. ft. of clear floor area and shall maintain a light level of no less than 40 foot candies as measured at 3' above the floor. Lighting in colors other than white shall be prohibited. Such rooms shall not be locked during business hours or during massage therapy sessions.

10. Such rooms shall be equipped with massage tables having a surface impervious to liquids. The surface of such tables shall be positioned at least 2' from the surface of the floor.

11. Massage establishments shall prominently and publicly display on the premises their licenses and permits during all hours of operation.

12. Massage establishments shall at all times be equipped with an adequate supply of' clean sanitary towels, coverings and linens. Clean towels, coverings and linens shall be stored in cabinets or other appropriate facilities. Towels and linens shall not be used on more than one patron, unless they have first been laundered and disinfected. Soiled linens and paper towels shall be deposited in approved receptacles.

13. Instruments utilized in performing massage shall not be used on more than one patron, unless they have first been sterilized, using disinfecting agents or sterilizing equipment approved by the Health Department. Massage table pads and reusable table coverings shall be disinfected between each massage.

(6) REVOCATION OR SUSPENSION OF LICENSE. (a) Cause for Revocation or Suspension. The license granted herein may be revoked or suspended for up to 6 months by the Village Board:

1. If the applicant has made or recorded any statement by this section knowing it to be false or fraudulent or intentionally deceptive.

2. For the violation of any provision of this section, except for establishment license matters involving violations of Village codes, in which case the license shall be revoked after the second conviction thereof in any license year.

3. After one conviction of any establishment personnel of an offense under Ch. 944, Wis. Stats.; an offense against the person or property of a patron; or of an offense involving substances in Sub. 11 of Ch. 961, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant; and whether any such offense occurred on or off the premises of the establishment.

(b) Notice and Hearing. 1. No license shall be revoked or suspended by the Village Board, except upon due notice and a hearing to determine whether grounds for such action exist. The notice shall be in writing and shall state the grounds of the complaint against the licensee.

2. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented, to cross- examine opposing witnesses and to present witnesses in his own behalf under the subpoena of the Village Board, if such is required. The hearing shall be recorded and a copy of the transcript shall be available to the licensee at the expense of the licensee. The Village Board shall decide the matter and shall prepare a written decision which shall be filed with the Village Clerk and a copy thereof mailed to the licensee within 20 days after the hearing.

(7) EXCEPTIONS. This section does not apply to the following businesses or professional establishments:

(a) Office, clinics or establishments of physicians, surgeons, chiropractors, osteopaths, registered nurses or physical therapists existing for the provision of such occupational services.

(b) Barbershops and beauty parlors existing for the provision of such occupational services.

(8) OPERATION WITHOUT A LICENSE. A PUBLIC NUISANCE. The operation of a massage establishment without a license is deemed a public nuisance and may be enjoined by the Village.

SECTION 2:The terms and provisions of this ordinance are severable. Should any term or provision of this ordinance be found to be invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect.

SECTION 3:All ordinances and parts of ordinances in contravention to this ordinance are hereby repealed.

SECTION 4:This ordinance shall be effective upon its passage and publication, excepting for massage establishments currently existing within the Village and for such establishments, upon passage, publication and for the license year commencing July 1, 2000.