Massage Establishment Regulation.
Milwaukee Code of Ordinances § 75-21
in effect75-21. Massage Establishment Regulation.
1. DEFINITIONS. In this section:
a. "Commissioner" means the commissioner of health or an authorized representative.
b. "Massage" means 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 and other recognized forms of massage therapy. The term does not include diagnosis or any service or procedure for which a license to practice medicine is required by law.
c. "Massage establishment" means a place where massage, as defined in sub. b, is performed.
2. LICENSE REQUIRED. No person may carry on the business of operating a massage establishment without a valid license issued under this section for each place of business.
3. EXEMPTIONS. This section does not apply to:
a. Physicians, surgeons, chiropractors, osteopaths or physical therapists licensed or registered to practice their respective professions under the laws of the state of Wisconsin.
b. Barbers and cosmetologists licensed under the laws of the state of Wisconsin, provided that such massage 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 athlete or athletic team.
e. Organizations formed exclusively for the purpose of ballet performance and instruction which have received tax-exempt status from the U.S. internal revenue service, upon the presentation of documentation of such status to the health department.
4. APPLICATION. License application forms shall be obtained from the city clerk and require the information specified in s. 85-12.
5. PLAN OF OPERATION. An application for a massage establishment license shall be accompanied by a completed plan of operation on a form provided therefor by the city clerk. The plan of operation shall include:
a. The planned hours of operation for the premises.
b. The number of customers expected on a daily basis at the premises.
c. The legal occupancy limit of the premises.
d. The number of off-street parking spaces available at the premises.
e. Plans the applicant has to provide security for the premises.
f. Plans the applicant has to ensure the orderly appearance and operation of the premises with respect to litter and noise.
g. Any other licenses held by the applicant or attached to the premises.
h. A description of any provisions made for clean-up of the premises.
i. A site plan showing:
i-1. The locations of all entrances and exits. This shall include a description of how customers will enter and leave the premises.
i-2. The locations and dimensions of any off-street parking and loading areas for customers.
j. Such other reasonable and pertinent information the common council or the licensing committee may from time to time require.
6. CHANGES TO BE REPORTED. See ss. 85-35 to 85-39 for provisions relating to changes to applications and plans of operation.
7. LICENSE FEE. See ch. 81 for the required license fee.
8. AGE QUALIFICATION. No license shall be issued to any person or any agent of a corporation or limited liability corporation who is not 18 years of age or older.
9. DISQUALIFICATION. Whenever any application is denied, or a license is revoked, surrendered or not renewed, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
10. FINGERPRINTING AND INVESTIGATION REQUIREMENTS. Each application for a new license shall be referred to the chief of police, the commissioner of neighborhood services and the commissioner of health in accordance with s. 85-21.
11. OBJECTION. An objection to issuance of a license shall be based on the factors set forth in s. 85-2.7-4. If the local common council member, chief of police or commissioner recommends against an application, no permit shall be issued unless the applicant requests, in writing, an appeal before the licensing committee. An appeal shall be requested no more than 10 working days after the date on which the applicant was notified of the recommendation of the common council member, chief or commissioner. An appeal shall be forwarded by the city clerk to the licensing committee for its recommendation as to whether a permit should be granted. The procedure for considering an appeal shall be as provided in s. 85-2.7.
12. ISSUANCE. See s. 85-12.5 for provisions relating to the issuance of a license.
13. POSTING. Each license shall be posted in a conspicuous place on the premises.
14. TRANSFER. See s. 85-19 for provisions relating to the transfer of a license and change of licensee names.
15. RENEWAL. Application for renewal of a license shall be made to the city clerk in accordance with the provisions of s. 85-26. The city clerk shall refer the application to the chief of police. If the applicant still meets the licensing qualifications, the license shall be issued unless a written objection has been filed under s. 85-3. If there is objection to renewal of the license, the procedure for considering the renewal application shall be as specified in ss. 85-3 to 85-5.
16. REVOCATION OR SUSPENSION OF LICENSE. Any license issued under this section may be suspended or revoked for cause by the common council after notice to the licensee and a hearing. Notice and hearing on the revocation shall be conducted in accordance with s. 85-3.
17. INSURANCE. Every license applicant shall, at the time of applying for the license, file with the city clerk a certificate of general liability and property damage insurance in the sum of not less than $25,000 per person/$50,000 per accident bodily injury liability or combined single limit of not less than $60,000 per occurrence.
18. MASSAGE ESTABLISHMENT FACILITY REQUIREMENTS. Every massage establishment shall maintain facilities meeting the following requirements:
a. The establishment shall have a minimum of one washbasin.
b. The massage room shall have a minimum of 40 foot-candles of lighting for the purpose of observing possible contra-indications of massage.
c. Massage tables shall have a surface which is impervious to liquids and shall be furnished with linen, either disposable or washable, which are changed for each client.
d. Doors to rooms where massage is administered shall be unlocked during business hours.
e. For the purpose of ascertaining compliance with this section and conducting routine inspections, police officers, health inspectors and building inspectors shall have the right of entry onto the premises of any massage establishment during business hours.
19. MASSAGE ESTABLISHMENT OPERATION. Massage establishments shall comply with the following operation requirements:
a. An establishment may not commence operations before 6 a.m., and the hours of operation may not extend later than 10 p.m. These hours shall pertain to on-site massages.
b. Massage establishments shall prominently and publicly display their licenses on the premises during all business hours.
c. Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens and proper storage areas for such linens. Soiled linens and paper towels shall be deposited in receptacles.
d. Massage shall not be given unless a client's genitals are fully covered by linens or towels at all times. Female clients shall also have their breasts covered at all times.
20. PROHIBITED PRACTICES. No operator of a massage establishment may allow massages of the genital area of any patron or the breasts of any female patron.
21. EMERGENCY SUSPENSION. The emergency suspension procedures of s. 75-23-19 may be applicable to a massage establishment license if the situation warrants an emergency suspension.
22. PENALTY. a. Any person violating this section shall be subject to a forfeiture specified under s. 61-15.
b. Citations may be issued for all violations of this section with or without prior notice. The stipulation, forfeiture and court procedure set forth in s. 50-25 shall apply.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH75.pdf#page=19Fetched: 10/26/2026
