(A) No person, partnership, corporation, or association shall operate a massage business as defined in § 113.02, unless such person, partnership, corporation, or association shall have first applied for and received the privilege license provided by this section.
(B) Every application for the privilege license prescribed herein shall be upon a form approved by the Board of Commissioners and shall be filed with the County Manager. Every such 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 such 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 such 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 in division (B)(1) above for any felony, or prostitution or any violation of the 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 in division (B)(1) above;
(5) A complete statement of any conviction of any person whose name is required to be given in division (B)(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 in division (B)(1) above wherein the business or profession of massage is carried on; and
(7) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
(C) (1) The County Manager shall transmit a copy of the application to the Sheriff’s Department for an investigative report, to the Inspections Division to determine compliance with all zoning and building regulations and ordinances, and to the Fire Department to determine compliance with any laws relating to fire protection.
(2) The Sheriff’s and Fire Departments shall, within a reasonable time, not to exceed 45 days, report the results of their examination to the County Manager.
(D) An application in proper form, accompanied by all reports required by this section, shall be submitted to the Board of Commissioners, which shall approve such application if the Board of Commissioners determines that:
(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, G.S. Art. 26 (offenses against public morality and decency), G.S. §§ 14-203 through 14-206, G.S. Art. 27, 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; and
(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.
(E) Upon approval of the application by the county, and upon receipt of a $100 license fee, the collector of revenue shall issue a privilege license to applicant.
(F) A license issued pursuant to this section shall be revoked by action of the Board of Commissioners if the Board of Commissioners determines that:
(1) The licensee has violated any provisions 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 required by § 113.04, or whose license under § 113.04 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, G.S. Art. 26 (offenses against public morality and decency), G.S. §§ 14-203 through 14-206, and G.S. Art. 27 (prostitution);
(4) Any employee of the licensee is convicted of any felony in connection with his or her employment, or is convicted of any crime involving sexual misconduct, including, but not limited to G.S. §§ 14-177 through 14-202.1, G.S. Art. 26 (offenses against public morality and decency), G.S. §§ 14-203 through 14-206, and G.S. Art. 27 (prostitution); or
(5) The licensee violates any zoning, building, or fire prevention ordinance.
(G) A license issued pursuant to this chapter is void if the licensee moves or ceases operating a massage parlor at the location required to be stated in the application for license pursuant to this section.
(Ord. passed 10-2-1979; Res. passed 10-2-1979) Penalty, see § 113.99