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FZRST REPDL:"v � # B ORDINANCE
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APR 1 7 1975 ;
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A GENERAL ORDINANCE OF THE CITY OF OSHKOSE CREATING SECTION 16-8.1 OF
THE OSHKOSH MUNICIPAL CODE RELP.TING TO LICENSING OF MASSAGE ESTABLISH-
MENTS, M.ASSAGE TECHNICIANS AND THE PRACTICE OF MASSAGE.
The Co=mnon Council of the City o£ Oshkosh do ordain as follows:
SECTION 1. That Section 18-8.1 of the Oshkosh Municipal Code
relating to licensing of massage establishments, massage technicians
and the practice o£ massage is hereby created to read as follows:
Sec. 18-9.1 - MP.SSAGE ESTABLISHMENTS, MASSAGE SECHNICIANS, AND
THE PRACTICE 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 �eans.
(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 Techniciza" means any person who gives or administers
a massage.
(d) "Person" means any person, association, £irm, partnership or
corporation.
(e) "Patron" means any person who receives a massage under such
circi:mstances that it is reasonably expected that he or she will pay
money or give any consideration therefor.
(f) "Recognized School" means any school or instit�tion of
learning cahich has for its purpose the teachinq of the theory, method,
prore:si.cn or worY, oi nassage technicians, which school requires a
residenY. course o£ study of not less than two hundred (200) hours to
6e given in not less than three (3) calendar months before the student
shall be fcrnished with a diploma or certi£icate of graduation from
s±icn sc:�ooi following successful completion o£ such course o£ study or
learning. Such school must show current membership in good standing
in the American Massage and Therapy Association or other recognized
professiocal massage organizations. Schools o£fering a correspondencr.
course not requiring actual attendance of class shall not be deemed a
recognized school. �
(2) Massage Establishment Facilities.
Every massage establishment shall maintain £acilities meeting the
followi,g reguirements:
(a) F.very massage establishment shall be equipped with security
deposit £acilities capable o: being locked by the patron. Sufficient
safety deposit faciiities shall ba furnished so that each patron will
havs a separate comprrtment availanle for storage of clo±hing and
valuables.
(b) Every massage establishment shall have a minimum of one (1)
shower, one (1) toilet, and one (1) washbasin.
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MASSAGE LICENSING CONT'D.
(c) If male and female patrons are to be served simultaneously,
such massage rooms, dressing facilities,-toilet £acilities, steam
rooms and sauna rooms as are provided shall be separate for male and
female patrons and each such separate £acility or room shall be clearly
marked as such.
(d) Rooms in which massage is to be practiced or adninistered
shall have at lezst fifty (50) square feet of clear floor area and
shall maintain a light level of no less than Eorty £oot (40') candles
as measured at three (3) feet above the £loor. Lighting in colors
other than white shall be prohibited. Such rooms shall be equipped
with cabinets for the storage of clean linen and chemicals and approved
receptacles £or the storage o£ soiled linen. Such rooms shall contain
a door incapable of being locked from the exterior or interior. Such
door shall contain a transparent wind�w pane no less than twelve (12)
inches wi�e and twelve (12) inches long, such that an unobstructed
view oE the room is provided from a hallway or other cotmnon access
area which is immediately adjacent to the room.
(e) No stuf£ed or upholstered furniture or beds and mattresses
shall be permitted in rooms in which massage is to be practiced or
administered. Such rooms shall be equipped with massage tables having
a hard sur£ace impervious to liquids with a width o£ no more than
three (3) feet and a length of no more than eight (B) £eet. The
sur£ace o£ such tables sha11 be positioned at least two (2) £eet frem
the surface of the floor so as to allow for £ree access to the floor
beneath. Such tables may be equipped with either nondisposable pads
or coverings or disposable coverings not more than two and one-half
(2;) inches thick. Nondisposable pads or coverings shall be removable,
impervious and cleanable.
(3) Massage Establishment 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 cort¢�ence operations no earlier
than 8:00 A.M, and the hours of operation shall extend no later than
5:00 P.M. Massage technicians shall not practice or administer massage
at m=ssage establishmer.�s at anp time outside of the hours o£ opzration.
(b) Massage establishments and massage technicians therein shall
prominently and publicly display on the premises their licenses and
permits during all hours o£ operation.
(c) Massage establishments shall keep a record o£ the date and
hour of each massage, the name and address of the patron receiving the
massage and the name of the technician practicing or adr.iinistering the
massage. Such record shall be open to inspection by b££icials charged
o�ith en£orcement of Section 18-8.1 of the Oshkosh Municipal Code.
Inforenation furnished or secured as a result of such inspection by
authorize3 officials shall be con£idential.
(d) Massage establishments shall at all times be equipped with
an adequate supoly of clean sanitary towels, coverings and linens.
Clean towels, coverings and linens shall be stored in cabinets.
Towels and linens shall not be used oa more than one (1) patron unless
they have first baen laundered and disinfected. Disposable coverings
and to�aels shall not be used on more than one (1i patron. Soiled
linens and paper towels shall be deposited in approved receptacles.
(e) Instruments utilized in performing massage shall not be used
on more than one Q) patron unless they have first been sterilized,
using disinfecting agents or sterilizinq equipment�approved by the
health wmmissioner. Massage table pads and reusable table coverings
shall be disin£ected between each massage with approved chemicals.
Chemicals used during massage shall be stored separately in containers
clearly labeled as to contents. All chemical containers shall be
stored in rabinets reserved solely f.or such purpose.
hIASSAGE LZCENSING CONT'D.�
(f) Massages shall not be given unless patrons are wearing
clothing fully covering their ger.itals and female patrons are in
addition wearing clothing £ully covzring `_heir breasts. Where such
clothing is furnished patrons by the massage establishment, it shall
not be used by more than one (1) patron vnless it has first been
laundered and disinfected. Massage technicians shall be fully clothed
from the knee to the neck in clean opaque light colored clothing.
(g) Massages shall not be given to patrons who have open sores
or other visual signs o£ contagion or comnunicable 3isease.
(}i) For purposes of ascertaining violations of this ordinance
and conducting routine inspections, police of£icers, health inspectors
and building inspection oE the City of Oshkosh shall have the right o£
entry onto the premises o£ ar.y massage establishment during the hours
such establishment is open for business. If health officers observe
that any massage technician has open sores or otherwise have reasonable
grounds to believe that any massage technician is infected with a
contagious or communicable disease, they shall have the right to
suspend such massage technician from practicing or administering
massage until such time as he £urnished a doctor's certificate showing
him to be free o£ any contagious or co�nunicable disease.
(4) Massage Establishment and Massage Broker License Required.
No person shall carry on the business of operating a massage
establishment at any place within the City unless he has a valid
license issUed pursuant to the provisions of this ordinance for each
and every such place of business. Nor sha11 any person operate as a
go-between or broker between a patron and a massage technician unless
he has a valid license issued under this section; inapplicable sections
of this provision shall not apply to said broker's license.
(a) Applications.
Fee.
Any person desiring to obtain a license to operate a massage
establishment shall make application to the City Clerk. A Eee of ten
dollars ($10.00) shall accompany the submission of the application to
defray the costs of administration and investigation. In the event
tne applicant is not yranted a license un32r the provisions of this
ordinance, the application £ee shall be returned to the applicant.
Contents.
Any person desiring a�assage establishment license shall file a
written application with the City Clerk on a form to be provided by
the City Clerk. If the applicant is a corporation, the name oi the
corporation shall be set £orth exactly as set £orth in its articles oi
incorporation, together with the names and addresses of each�o£ its
o££icers, directors and each stockholder o£ the cozporation and the
applicatioa sha11 be verified by an o££icer o£ the corporation. I£
the applicant is a partnership, the application shall set £orth the name
and residence address o£ each of the partners, including limited
partners, and the application shall be verified by each partner. I£
one or more of the partners is a corporation, the provisions of this
section pertaining to a corporate applicant shall apply to the corpoxate
partner. If the applicant is neither a corporation nor a partnership, .
the application shall set £or the the fvll name and address of the
applicant and be verified by the apolicant. The agplication for
massage establishment license shall set forth the proposed place oP
business and the facilities therefor together with� a detailed de-
scription of the nature and scope oi the proposed business operation.
In addition to the foregoing, the following information shall be
furnished concerning the applicant i£ an individual; and concerning
each individual stockholder of the corporation, each officer and
director if the applicant is a corporation; and concerning the
partners, including limited partners, i£ the applicant is a partner-
ship:
MASSAGE LICENSING CONT'D.
a. The previous addresses, if ��y, for a period of three
(3) years immediately prior to the date o£ application and the
dates o£ such residence.
b. The date of birth.
c. Three (3) passport size photographs one inch by one
inch (1" x 1") taken within six (6) montris o£ the date o£ appli-
cation.
d. A camplete set of fingerprints.
e. The business, occupation or employment history for
three (3) years iimnediately precedinq the date of application,
including but not limited co, whether such person previously
operating under a permit or license in another city in this or
another state had such license suspended or revoked.
£. All convictions, inclUding ordinance violations, exclu-
sive of traffic violations, with a brief statement of the nature
of the convictions and the jurisdiction in which the convictions
occurred.
(b) Investigation.
Applications for licenses under this ordinance shall be referred
to the chie£ of police, crnmnissioner of health and building inspector,
a11 of whom shall cause an investiaation to be made and report their
findings to the utilities and licenses committee of the Crnmnon Council.
Applicants shall cooperate with any investigation conducted pUrsuant
to the provisions of this ordinance and shall permit access to the
proposed place o£ business and £acilities therefor in conjunction with
any such investigation.
(c) Granting of License.
Within sixty (60) days of the receipt of an application the
C�mmon Council shall either grant or deny a massage license. The
Common Council shall grant a massage license iE it finds:
1. The required £ee has been paid.
2. The application conforms in all respects to the pro-
visions of this ordinance.
3. The applicaat has not knowingly made a material mis-
statement in the apolication £or a license.
4. The applicant has fully cooperated in the investigation
of his application.
5. The massage establishment as proposed by the applicant
wovld comply with all applicable laws, including but not limited
to, the City's building, zoning, and health regulations.
6. The applicant if an individual, or any of the stock-
holders o£ the corporation, any officers or directors, if the
applicant is a corporation, or any of the partners, including
limited partners, if the applicant is a partnership have not been
convicted o£ any crime involving dishonesty, fraud, deceit or
itmnorality as outlined in Chapter. 9�4 of the :•:isconsin Statutes
within five (5) years prior to the date o£ the application.
7. The applicant has not had a massage establishment
license or a massage technician permit or other similar license
or permit denied or revoked for cause by this city or any other
city located in or out of this state within the £ive (5) years
prior to the date of application.
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MASSAGE LICENSING CONT'D.
8. The applicant, if an individual or any o£ the o£ficers
and directors if the applicant is a corporation, or any o£ the
partners, including limited partners, if the applicant is a
partnership is eighteen (1.8) years o£ age.
9. The applicant, if a corporation, is licensed to do
business and in good standing in the State of Wisconsin.
10. The massage establishment as proposed by the applicant
would comply with the reauirements o£ Section 18-8.1 (2) of the
Oshkosh Municipal Code entitled "Massage Establishment Facilities".
(5) Massage Technician Permit xequired.
No person shall prac'tice or administer massages unless he has a
valid permit issued pursuant to the provisions of this ordinance.
(a) Application.
l. Fee.
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£ee of twenty-£ive dollars ($25.00) shall accompany the
submission o£ an application to defray the costs of investigation and
administration. in the event the applicant is not qranted a massage
technician permit, fifteen dollars ($15.00) oE the application fee
shall be returned to the applicant.
2. Contents.
Any person desiring a massage technician permit shall file a
w-itten application with the City Clerk on a form to be provided by _
the City Clerk. The application shall be verified by the applicant.
nny apolicant for a massage technician permit shall furnish all the
information required by Section 18-8.2 (a)(2) of the Oshkosh Municipal
Code. In addition, the applicant shall furnish the following:
a. Certi£icate from a medical doctor, licensed to practice in
the State o£ Wisconsin, stating that the applicant has within thirty
(30) days immediately preceding the date of application been examined
aad found to be Pree ef anp contaaious or co�nunicable diseases.
b. n diploma or certificate o£ graduation from a"recognized
school".
c. The massage establishment, if any, at orhich the applicant
expects to be employed.
(b) Investigation.
Applications for permits under this ordinance shall be referred
to the chief o£ police who shall cause an investigation to be made of
the applicant and report his findings to the co�non council.
(c) Granting o£ Permit.
Wit.hin sixty (60J days of receipt o£ the application the co�non
council shall grant or deny a massage technician permit if it £inds
that:
1. The required fee has beea 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 permit.
4, She applicant nas �ully cooperated in the investigation of
his apnlication.
b'LASSAGfi LICENSING CONT'D.
5. The applicant has not within five (5) years immediately
preceding the date o£ application been convicted o£ a crime oi
ilmnorality as ovtlined in Chapter 944 of the Wisconsin Statutes.
6. The applicant has £urnished an acceptable medical certificate
in compliance with Section 18-8.1 (2)(a) o£ the oshkosh Municipal
Code.
7. The applicant has furnished an acceptable diploma or
certi£icate of graduation from a"recognized school".
8. The applicant has not previously had a massa9e technician
pe�-mit 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 o£ appli�ation.
9. The applicant is eighteen (18) years o£ age.
(6) License or Permit Suspension or Revocation.
(a) No license or permit may be suspended or revoked until after
due notice and hearing before the utilities and licenses coimnittee of
the common council to determine i£ grounds £or such revocation exist.
Notice of such hearing shall be in writing and served at least ten
(10) days prior to the date o£ hearing by personally serving the
person in charge o£ the massage establishment and by posting upon the
entrance to the massage establishment in the instance o£ a license
suspensioz or revocation and by personally serving the massage technician
in the inatance of a permit 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.
(b) Any massage establishment license or massage technician
permit may be suspeaded £ar no more than ninety (90) days or revoked
by the con¢non council £or any violation of Section 18-8.1.0£ the
Oshkosh Municioal code or for any grounds that would warrant the
denial of issuance o£ such license or permit in the first place.
(c) Written notice of suc� revocation or suspension, together
with the reasons therefor sha11 be given by the City Clerk to license
holder or permit holder at his last known business address.
(7) Operating without a Licease.
It shall be unlawful for any person to operate a nassage establish-
mect cvithout having a licer.se there£or as required by Section 18-6.1
of the Oshkosh Municipal Code.
(8) Acting without a Permit.
it shall be unlawful £or any person to act as a massage technician
without having a permit therefor as required by Section 18-6.1 of the
Oshkosh Municipal Code.
(9) Employment of Technicians without Permit.
It shall be unlawful £or any person who operates a massage establish-
ment to allow or permit persons to act therein as massage technicians
without £irst havinq a permit therefor as required by Section 18-8.1(5)
of the Oshkosh Municipal Code.
(10) Massages on Unlicensed Premises.
It shall be unlawful for any person to act as a massage technician
within a massage establishment which does not have�a license therefor
as required by Section 18-8.1 (4) o£ the Oshkosh Municipal Code.
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MASSAEE LICENSING CONT'D.
(11) Prohibited Conduct of Technicians, Operators and Patrons.
(a) It shall be unlaw£ul £or any massage technician to massage
the genital area o£ any patron or the breasts o£ any £emale patron,
for any operator of a nassage establishment to allow or permit such
massage in such massage establishment, or for any patron to permit
such massage upon his body.
(b) It shall be unlawful £or any operator of a massage establishment
or any massage technician to violate the provisions of Section 18-8.1
of the Oshkosh Municipal Code. � �
(12) Penalty.
Fr.y perso^. withia tF.e City of Oshkosh violating the pravisions of
Secti.on 16-8.1 0£ the Oshkosh Municipal Code shall upon conviction
thereof pay a forieiture o£ not less than one hundred £iEty dollars
($150) nor more than five hundred dollars ($500) or in deEault of
paym_nt o£.such for£eitUre be imprisoned in the Winnebago County jail
£or not less than ten (10) days nor more than sixty (60) days.
(13) Sale or Transfer.
Upon the sale or trans£er oE any interest in a massage establish-
ment, the license therefor shall be null ar.d void. Any person desiring
to aontinue to operate such massage establishment Pollowing sale or
transfer shall make application therefor pursuant to Section 18-8.1
(4) of the Oshkosh Municipal Code. .
(14) Expiration of Licenses and Permits.
All licenses or permits issued pursuant to the provisions of this
ordinance shall expire on the last day oE June of each calendar year.
All practicing massage technicians or operators of massage establish-
ments on the ef£ective date of this ordinance shall in¢nediately be
subject te Section 18-8.1 of the Oshkosh Municipal Code and must
comply with the remainder of Section 18-8.1 oE the O�kosh unicipal
Code b�t June 30, 1975.
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(15) Exemptions. (
Sec`ion 18-8.1 0£ t:ne Oshkosh tdunicipal Code shall not apply to
tkm £ollohing: �
(a) Hospitals, nursing homes, sznitariums or other health care
faciLities licensed under the State of Y�tisconsin, 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 L4isconsin acting under their direction and control.
(b) Barber shops and bzauty parlors, barbers and beautic:ans 1_censed
under the laws of the State o£ Wisconsin provided that such mas3age as
is practiced 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) Trainers of any amateur, semi-professional or professional
athlete or athletic team. �
SECi2GS: 2. Se�erabilicy. if any provisions, section or part oi
ary section of this ordinance is declared to be invalid or unconstitu-
tional, such declaration shall not he construed to a£fect any�of the
other p:ovisions, 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 ordinanc=_ are hereby repealed.
SECTION 4. This ordinance shall be in fu11 £orce and effect £rom
and after its nassage and date of pu6lication.
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