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

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

Key Facts

Governing section
§ 8.19
License required
State license under Wis. Stat. § 460.02
Max forfeiture
$1,000 per offense
Continuing violation
Each day is a separate offense
Current version effective
January 21, 2025 (Ord. 2024-20)

Summary

Waukesha does not run a separate city massage-establishment license desk. Municipal Code § 8.19 instead makes it illegal for anyone to perform massage services, or to employ someone who does, unless that person already holds the state massage therapy license under Wis. Stat. § 460.02, backed by its own local forfeiture penalty.

(1) No individual shall engage in any activity for which a license is required under Wis. Stat. §460.02 unless that individual is licensed as required by Wis. Stat. §460.02.

(2) No person shall employ or contract the services of an individual for which a license is required under Wis. Stat. §460.02 unless that individual is licensed as required by Wis. Stat. §460.02.

(3) Violations of this section shall result in a forfeiture of not more than $1,000.00 for each separate offense. Each day of a continued violation shall be a separate offense.

Full Breakdown

19, is short and direct: it bars any individual from engaging in activity requiring a license under Wis. 02 unless that individual actually holds the license, and it separately bars any person or business from employing or contracting with an unlicensed individual for the same activity. In practice this means the City runs no independent massage-establishment or massage-therapist permit process of its own; the licensing mechanism is entirely the state's, and Waukesha's ordinance exists to give city police and the municipal court their own local charge to bring against an unlicensed practitioner or the business that hired one.

28: violation draws a forfeiture of not more than $1,000 for each separate offense, and the code specifies that each day a violation continues counts as a separate offense, so ongoing unlicensed operation compounds quickly. 19 was enacted by Ordinance 2024-20, effective January 21, 2025, which repealed and completely replaced an earlier version of the section that had itself been repealed in 2015 (the original enactment traced back to Ordinance #22-75). The rewrite pared the section down to the state-license cross-reference and penalty language quoted above; it sets no separate business hours, zoning restriction or establishment inspection scheme of the kind found in the City's adult-entertainment and mobile-food-vendor ordinances.

Violations & Fines

A person caught performing or offering massage services without the state license required by Wis. Stat. § 460.02, or a business owner who employs or contracts with such a person, is subject to a municipal forfeiture of up to $1,000 under § 8.19(3). Because each day of continued violation counts as a separate offense, a business that keeps an unlicensed practitioner on staff can accumulate a new $1,000 exposure daily until the practitioner is licensed or removed.

Frequently Asked Questions

Does Waukesha issue its own massage establishment license?
No. Municipal Code § 8.19 does not create a separate city license for massage businesses or therapists; it simply requires that anyone providing services covered by Wis. Stat. § 460.02 already hold the state license, and it punishes hiring an unlicensed person with a municipal forfeiture.
What happens if a Waukesha massage business employs an unlicensed therapist?
The business itself violates § 8.19(2), just as an unlicensed individual providing the services violates § 8.19(1). Both are subject to a forfeiture of up to $1,000 per offense, with each day of continued noncompliance treated as a separate offense.
When did Waukesha last update its massage ordinance?
The current § 8.19 was enacted by Ordinance 2024-20, effective January 21, 2025, replacing an earlier version that had been repealed in 2015. The rewrite kept the section focused on the state-license cross-reference and the local forfeiture penalty.

Sources & Official References

Other rules in Waukesha

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