Section
63.01 Purpose
63.02 Definitions
63.03 Licensing of massage business operators
63.04 Licensing of massagists
63.05 Employer to use only licensed employees
63.06 Posting of license
63.07 Notice and hearing
63.08 Hours of operation
63.09 Patronage of massage by minors and employment of minors
63.10 Privilege license annual
63.11 Separability
To protect public health, safety, welfare, and morals, the following privilege license provisions and regulations are ordained for the privilege of carrying on the business, trade, or profession of massagist and for the operation or carrying on of the businesses, trades, or professions commonly known as massage parlors, health salons, physical culture studios, or similar establishments wherein massage or physical manipulation of the human body is carried on or practiced. The provisions of this chapter shall not apply to:
(A) A regularly established and licensed hospital, sanitarium, nursing home;
(B) An office or clinic operated and regularly used by a duly-qualified and licensed medical practitioner, osteopath, or chiropractor in connection with the practice of medicine, chiropractic, or osteopathy;
(C) Physical fitness programs directly controlled by and conducted on the premise of a governmental agency on the Young Men's Christian Association;
(D) Persons who have graduated from a school or institute of massage therapy which offers a minimum curriculum of 500 hours of classroom instruction, and is licensed by the North Carolina State Board of Community Colleges.
(`58 Code, § 15-30) (Am. Ord. 91-7, passed 2-18-91; Am. Ord. 91-25, passed 10-21-91)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS OR PROFESSION OF MASSAGE. Includes the massage or treatment of any person for a fee or in expectation of a gratuity from the person massaged.
MASSAGE. The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device.
MASSAGE BUSINESS. Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, and massage studios.
MASSAGIST. Any person engaged in the business or profession of massage.
(`58 Code, § 15-31)
(A) No person, partnership, corporation, or association shall operate a massage business as defined in § 63.02 unless the person, partnership, corporation, or association shall have first applied for and received the privilege license provided by this section. Every application for the privilege license prescribed herein shall be on a form approved by the City Manager and shall be filed with the City Clerk. Every application shall be made under oath and shall contain the following information.
(1) If the applicant is a person, the name and residence address of the person. If the applicant is a partnership, corporation, or association, the name and residence address of all persons having any legal or beneficial interest in the applicant.
(2) The address of the premises where the massage business shall be located.
(3) A complete statement of all convictions of any person whose name is required to be given by division (A) (1) above for any felony, prostitution, or any violation of any law relative to prostitution.
(4) A complete statement of any revocation by any governmental unit of any license to operate a massage business or to engage in the business or profession of massage held by any person whose name is required to be given by division (A) (1) above.
(5) A complete statement of any conviction of any person whose name is required to be given by division (A) (1) above, for violation of any statute, law, ordinance, or regulation of any government concerning the operation of a massage business or the business or profession of massage.
(6) The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given by division (A) (1) above wherein the business or profession of massage is carried on.
(7) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
The City Clerk shall transmit a copy of the application to the Police Department for an investigative report; to the Building Inspector to determine compliance with all zoning and building regulations and ordinances; and to the Fire Department to determine compliance with any law relating to fire protection. The Police and Fire Departments and the Building Inspector shall, within a reasonable time and not to exceed 30 days, report the results of their examinations to the City Clerk.
(C) An application in proper form, accompanied by all reports required by this section, shall be submitted to the City Council, which shall approve the application if it determines the following.
(1) The application contains no misstatement of fact.
(2) The applicant, or any person having any legal or beneficial ownership interest in the applicant, has not been convicted of any crime involving sexual misconduct, including but not limited to G.S. 14-177 through 14-202.1 (Offenses Against Public Morality and Decency), and G.S. 14-203 through 14-208 (Prostitution), or of § 84.21 of this code, or of any federal statute relating to prostitution, or of any violation of any law or ordinance of any governmental unit concerning or related to the business or profession of massage.
(3) The applicant conforms to all requirements of applicable zoning, building, and fire prevention codes.
(4) The applicant or any person having a legal or beneficial ownership interest in the applicant has not, for the three-year period preceding the application, had a previously-issued license for engaging in the business or profession of massage revoked.
(D) Upon approval of the application by the city Council, and upon receipt of a $100 license fee, the Tax Collector shall issue a privilege license to the applicant.
(E) A license issued pursuant to this section shall be revoked by action of the City Council if the Council determines the following.
(1) The licensee has violated any provision of this chapter.
(2) The licensee, or any agent of the licensee, employs or permits to be on the premises of the applicant's massage business any person practicing the business or profession of massage who has not been issued the privilege license, or whose license has been revoked.
(3) The licensee, or the legal or beneficial owner of any interest in the licensee is convicted of any crime involving sexual misconduct, including but not limited to G.S. 14-177 through 14-202.1 (Offenses Against Public Morality and Decency) and G.S. 14-203 through 14-208 (Prostitution).
(4) Any employee of the licensee is convicted of any felony in connection with his employment, or is convicted of any crime involving sexual misconduct, including, but not limited to G.S. 14-177 through 14-202.1 (Offenses Against Public Morality and Decency) and G.S. 14-203 through 14-208 (Prostitution), or of § 84.21 of this code.
(5) The licensee violates any Zoning, building, or fire prevention ordinance.
(F) A license issued pursuant to this chapter is void if the licensee moves or ceases operating a massage parlor at the location stated in the application for the license.
('58 Code, §15-32)
(A) No person shall engage in the business or profession of massage unless the person shall have first applied for and received the privilege license provided by this section. The application for the license required shall be on a form approved by the City Manager and shall be filed with the City Clerk. The application shall be given under oath and shall contain the following information.
(1) The name, age, and residence address of the applicant.
(2) A complete statement of the previous business or occupation of the applicant for the two years immediately preceding the date of application, including any massage establishment experience.
(3) A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance.
(4) A complete statement of any revocation of any license granted by any government unit to the applicant to engage in the business or profession of massage.
(5) The date and place of applicant's birth, the name of applicant's parents, and the residence address or addresses of the applicant for the five years immediately preceding the date of application.
(B) The applicant shall submit, as part of the application required in division (A) above, the following information. The information required by this division shall be provided at the applicant's expense.
(1) Fingerprints of the applicant taken by the Police Department.
(2) Two recent photographs of the applicant's head and shoulders, of a size and quality prescribed by the City Manager.
(3) A medical certificate signed by a physician, licensed to practice in North Carolina, within seven days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease.
(C) The City Clerk shall transmit a copy of the application to the Police Department for an investigative report. The Police Department shall, within a reasonable time and not to exceed 30 days, report the results of its investigation to the City Clerk.
(D) An application in proper form shall be submitted to the City Council together with all reports required by this section. The Council shall approve the application if it determines the following.
(1) That the applicant is at least 18 years of age.
(2) The application contains no misstatement of fact.
(3) The applicant has not been convicted of any crime involving sexual misconduct, including, but not limited to G.S. 14-177 through 14-202.l (Offenses Against Public Morality and Decency), and G.S. 14-203 through 14-208 (Prostitution), or of § 84.21 of this code, or of any federal statute relating to prostitution, or for violation of any law or ordinance of any governmental unit concerning or related to the business or profession of massage.
(4) The applicant has not, for the three-year period preceding the application, had a previously- issued license for engaging in the business or profession of massage revoked.
(5) The applicant is free from communicable disease as evidenced by the medical certificate required by division (B) (3) above.
(6) The applicant has not been previously convicted of any violation of any provision of this chapter.
(E) Upon approval of the application by the City Council, and upon receipt of a $50 license fee, the Tax Collector shall issue a privilege license to the applicant.
(F) The City Council shall have authority to direct that any person licensed under this section submit to a medical examination by a licensed physician approved by the Council. This authority shall be exercised only when the Council has reason to believe that the person has contracted a communicable disease. Refusal to submit to the examination shall be grounds for revocation of the license as provided in division (G) below. Notwithstanding the provisions of this division, every person licensed under this section shall file and continue to file with the City Clerk a new medical certificate with each application for renewal of the license prescribed by this section. Failure to file the updated certificates shall be grounds for revocation of the license as provided in division (G) below.
(G) A license issued pursuant to this section shall be revoked by action of the City Council if the Council determines the following.
(1) The licensee has violated any provisions of this chapter.
(2) The licensee is afflicted with a communicable disease.
(3) The licensee has failed to be examined by a licensed physician when required by the City Council pursuant to division (F) above, or has failed to file any medical certificate required by division (F).
(4) The licensee has been convicted of a felony, or any crime involving sexual misconduct, including, but not limited to G.S. 14-177 through 14-202.1 (Offenses Against Public Morality and Decency), and G.S. 14-203 through 14-208 (Prostitution), or of § 84.21 of this code, or under any federal statute relating to prostitution, or for violation of any law or ordinance of any governmental unit related to the business or profession of massage.
('58 Code, § 15-33)
('58 Code, § 15-33)
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