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Home My WebLink About27563 / 75-05� FIRST READING ppR 17 1975 # 8-A ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN ) A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 18-8.1 OF THE OSHROSH MUNICIPAL CODE RELATING TO LICENSING OF MASSAGE ESTABLISH- MENTS, MASSAGE TECHNICIANS AND THE PRACTICE OF MASSAGE. The Co�mnon Council of the City of Oshkosh c�o ordain as £ollows: SECTION 1. That Section 18-8.1 0£ the Oshkosh Municipal Code relating to licensing of massage establishments, massage technicians and the practice of massage is hereby created to read as follows: Sec. 18-8.1 - MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, AND THE PRPCTICE OF MASSAGE. (1) Definitions. (a) "Massage" means any process or procedure upon the external parts of the body of a patron consisting of rubbing, stroking, kneading or tapping by any means. (b) "Massage Establishment" means any place where any person engages in, conducts, or carries on massage or permits massage to be engaged in, condUCted or carried on. (c) "Massage Technician" means any person who gives or administers a massage. (d) "Person" means any person, association, firm, partnership or corporation. (e) "Patron" means any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any consideration therefor. (f) "Recognized School° means any school or institution o£ learning which has for its purpose the teaching of the theory, method, profession or work of mzssage technicians, which school requires a resident course of study of not less than two hundred (200) hours to be given in not less than three (3) calendar months before the student shall be furnished with a dioloma or certificate of graduation £rom such school followinq successful campletion of such course of study or learning. (2) Massage sstablishment Operation. Every massage establishment and every massage technician shall comply with the following operating requirements. These requirements shall be prominently and publicly displayed in a conspicuous place upon every premises licensed under the provisions of this ordinance. (a) Massage establishments shall commence operations no earlier than 8:00 A.M. and the hours of operation shall extend no later than 10:00 P.M. Massage technicians shall not practice or administer massage at massage establishments at any time oUtside of the hours of operation. (b) Massage technicians shall prominently and publicly display on the premises their licenses and permits during all hours of operation. (3) Massage Technician License Required. No person shall practice or administer massages unless he has a valid permit issued pursuant to the provisions of this ordinance. -21'�9 - / (a) Applicati.on. 1. Fee. A7ASSAGE LICENSING CONT'D Any person desiring to obtain a permit to act as a massage tech- nician shall make application to the City Clerk for a massage technician permit. A fee o£ twenty-five dollars ($25.00) shall accompany the submission of an application to defray the costs oE investigation and administration. In the event the applicant is not granted a massage technician permit, £ifteen dollars ($15.00) of the application fee shall be returned to the applicant. 2. Contents. Any person desiring a massage technician permit shall Eile a written application with the City Clerk on a£orm to be provided by the City Clerk. The application shall be veri£ied by the applicant. She applicant sha11 furnish the following: a. A diploma or certificate of graduation from a"recognized school". b. The massage establishment, if any, at.which the applicant expects to be employed. 3. Investigation. Applications for permits under this ordinance shall be re£erred to the chief of police who shall cause an investigation to be made of the applicant and report his £indings to the con¢non council. 4. Granting o£ License. Within sixty (60) days oE receipt of the application the co�mnon council shall grant or deny a massage technician license if it finds that: 1. The required fee has been paid. 2. The application conforms in all respects to the provisions of the ordinance. � 3. The applicant has not knowingly made a material mis-statement in the application for a nermit. 4. The applicant has £ully cooperated in the investigation of his application. 5. The applicant has furnished an acceptable diploma or certi£icate of graduation £rom a "recognized school". 6. The applicant has not previously had a massage technician license or other similar permit or license denied or revoked for cause by this city�or by any other city in this or any other state within five (5) years of the date of application. 7. The applicant is eighteen (18) years of age. (5) License or Permit Suspension or Revocation. (a) No license or permit may be suspended or revoked until aiter due notice and hearing before the common council to determine i£ grounds for svch revocation exist. Notice of such hearing shall be in writing and served at least ten (10) days prior to the date of hearing by personally serving the the massage technician. 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. (b) Any massage technician license may be suspended for no more than ninety (90) days or revoked by the co�!on council for any violation of Section 16-8.1 of the Oshkosh Municipal code or for any groUnds that would warrant the denial of issuance of sUCh license or permit in the first plzce. _ 21_g _ , .. _ MF�557�GE LICENS:SG CC:7T' D (c) Written notice of such revocation or snspension, together with the reasons therefor shall be given by the City Clerk to license holder or permit holder at his last knowq business address. (6) Operating.without a License. It shall be unlawful Eor any person to operate as a massage technician without having a license there£or as required by Section 18-8.1 of the Oshkosh Municipal Code. � (7) Acting without a License. It shall be unlawful £or any person to act as a massage technician without having a license there£or as required by Section 18-8.1 0£ the Oshkosh Municipal Code. (8) Penalty. Any person within the City of Oshkosh violating the provisions o£ Section 18-5.1 0£ the Oshkosh Municipal Code shall upon conviction thereo£ pay a£orieiture o£ not less than one hUndred fifty dollars ($150) nor more than £ive hundred dollars ($500) or in de£ault o£ payment of such forfeiture be imprisoned in the Winnebago County jail ior not less than ten (10) days nor more than sixty (60) days. (9) E�cpiration o£ Licenses and Permits. All licenses or permits issued pursuant to the provisions oE this ordinance shall expire on the last day of June o£ each calendar year. All practicing massage technicians on the e£fective date o£ this ordinance shall ix�miediately be subject to Section 18-5.1 oE the Oshkosh Municipal Code and must comply with the remainder oE Section 18-6.1 of the Oshkosh Municipal Code by June 30, 1975. (10) Exemptions. Section 18-8,1 of the Oshkosh Municipal Code shall not apply to the following: � (a) Hospitals, nursing homes, sanitariums or other health care £acilities licensed under the State of Wisconsin, and physicians, surgeons, chiropractors, osteopaths or physical therapists licensed or registered to practice their respective professions under the laws of the State of Wisconsin, or nurses registered under the laws of the State of Nlisconsin acting under their direction and control. (b) 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. (c) Accredited hiqh schools and colleges and coaches and trainers therein while acting within the scope o£ their employment. (d) Trainexs oi any amatevr, semi-professional or pro£essional athlete or athletj.c team. SECTION 2, Severability. If any provisions, section or part oP any section o£ this ordinance is declared to be invalid or vnconstitu- tional, such declaration shall not be construed to a£fect any of the other provisions, sections or parts of sections herein, and the remainder of the ordinance shall not thereby be invalidated. SECTION 3. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed. SECTION 4. This ordinance shall be in £ull £orce and effect £rom and after its passage and date of publicatio . . � .`-_Sl:ITTE� DY �i y�. '—} _ 21_C _ , �==�'--S 1�'PFO i�.i ¢ S �I � � � C N .N bD N a1 G m N N O � ..i � N M V M W C b f� C W . W U y O a U b N C. U W G � F� G O � •N rl � ro s. t, m �c w . ty, m C .� Rj � N i� ro C 0 0 v � m � W a i� N w � N 'S W m F Q ro � .. +� b �N W 3 ..i L O fa N �tl O a 0 .N a> 0 � .� � � x ti �. � v ri r�i \U . ri � n, � V `1 � � U � ti � �x F N � ri U .i . ti � � f� Y G' O