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New Berlin, WI Business Licensing & Operations: Massage Establishments (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
New Berlin Code § 152-18
Therapist training
100 classroom hrs or 2 yrs paid practice
Operating hours ban
No operation 10:00 p.m. to 6:00 a.m.
Insurance minimum
$1,000,000 per occurrence malpractice
Inspection rights
City may inspect without notice, business hours
Penalty reference
Fined per § 152-19

Summary

New Berlin requires a city license for every massage business and for every therapist working in it. Code Section 152-18 sets minimum training of 100 classroom hours or two years of paid practice, bars operation between 10:00 p.m. and 6:00 a.m., and lets City employees inspect a licensed business without notice during business hours.

E.License required for massage businesses. It shall be unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operating of a massage business as herein defined, without first having obtained an occupancy permit or any other permit required under the Code and a license for a massage business from the City as provided under this section. ... (4)No massage business shall be kept open for any purpose between the hours of 10:00 p.m. and 6:00 a.m. ... O.Penalty. Any person violating this section, or the conditions of a permit issued hereunder, shall be fined in accordance with the penalty provision of Section 152-19.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Section 152-18 exempts licensed medical doctors, chiropractors, osteopaths, physical therapists, physicians' assistants, nurses, barbers and beauticians working only on the neck, face, scalp, hair, hands or feet, school and team coaches acting within their employment, and hospital or nursing-home staff supervised by the facility. Everyone else operating a massage business must first get an occupancy permit and a Section 152-18 business license from the City Clerk; the Building, Inspection and Zoning Department and Police Department then have 30 days to inspect and investigate, and the Clerk must notify the applicant within 14 days after that whether the license is granted, denied, or held for up to another 30 days of review.

Applicants and massage therapists alike must disclose felony and misdemeanor history, carry malpractice insurance of at least $1,000,000 per occurrence, and can be denied for a conviction involving bodily harm, sexual misconduct, or prostitution within the relevant look-back period, though the City Clerk may still license someone whose disqualifying conviction is at least ten years old with no repeat offenses. A licensed massage therapist must carry his or her license when performing off-site work, and doors to therapy rooms cannot be locked or blocked from either side during business hours. Renewal applications are due 45 days before expiration, and license denial or revocation can be appealed to the Common Council.

Violations & Fines

Violating Section 152-18 or the conditions of a permit issued under it is fined under the penalty provision of Section 152-19, and the City may separately pursue injunctive and other relief in Waukesha County Circuit Court. A building knowingly used for massage services in violation of the section is itself declared a public nuisance. Licenses may also be revoked or suspended after notice and a Common Council hearing for good cause, including an employee's violations the licensee knew of or should have known of.

Frequently Asked Questions

Do licensed chiropractors or physical therapists need a New Berlin massage license?
No. Section 152-18 exempts medical doctors, chiropractors, osteopaths, physical therapists and physicians' assistants who are duly licensed in Wisconsin while they are performing the duties of their own profession.
Can a New Berlin massage business stay open past 10 p.m.?
No. Section 152-18 L(4) states no massage business shall be kept open for any purpose between 10:00 p.m. and 6:00 a.m., with no stated exceptions for special circumstances.
Can City inspectors show up at a licensed massage business unannounced?
Yes. As a condition of the license, the licensee must permit City employees to inspect the premises without notice at any time during regular business hours, and records of employed therapists must be kept available on-site.

Sources & Official References

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