(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)