(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)