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(A) No person shall engage in the business or profession of massage unless such person shall have first applied for and received the privilege license provided by this section.
(B) The application for the license required by this section shall be upon a form approved by the County Manager and shall be filed with the County Clerk. Such 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 governmental unit to the applicant to engage in the business or profession of massage; and
(5) The date and place of applicant's birth, the name of applicants parents, and the residence address or addresses of the applicant for the five years immediately preceding the date of application.
(C) The applicant shall submit, as part of the application required in division (B) hereof, the following:
(1) Fingerprints of the applicant taken by the Sheriff's Department;
(2) Two recent photographs of the applicant's head and shoulders, of a size and quality prescribed by the County Manager; and
(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 diseases. The additional information required by this division shall be provided at the applicant's expense.
(D) The County Clerk shall transmit a copy of the application to the Sheriff's Department for an investigative report. The Sheriff's Department shall, within a reasonable time, not to exceed 45 days, report the results of its investigation to the County Clerk.
(E) An application in proper form shall be submitted to the Board of Commissioners together with all reports required by this section. The Board shall approve such application if the Board determines:
(1) That the applicant is at least 18 years of age;
(2) The applicant contains no misstatement of facts;
(3) The applicant has not been convicted of any crime involving sexual misconduct, including but not limited to G.S. §§ 14-177 through 14-202.1, Article 26 (offenses against public morality and decency) and G.S. §§ 14-203 through 14-208, Article 27 (prostitution), or this county's ordinance relating to Massage of Private Parts for Hire or this county's ordinance regarding Heterosexual Massage, or 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 diseases as evidenced by the medical certificate required herein; and
(6) The applicant has not been previously convicted of any violation of any provision of this chapter.
(F) Upon approval of the application by the Board and upon receipt of a $50 license fee, the Tax Collector shall issue a privilege license to the applicant.
(G) The Board shall have authority to direct that any person licensed under this section submit to a medical examination by a licensed physician approved by the Board. This authority shall be exercised only when the Board has reason to believe that any such person has contracted a communicable disease. Refusal to submit to such an examination shall be grounds for revocation of such license as provided in division (H) of this section. Not withstanding the provisions of this division every person licensed under this section shall file and continue to file with the County Clerk a new medical certificate with each application for renewal of the license proscribed by this section. Failure to file such up-dated certificates shall be grounds for revocation of such license as provided in division (H) of this section.
(H) A license issued pursuant to this section shall be revoked by action of the Board if the Board determines:
(1) The licensee has violated any provision 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 Board pursuant to division (G) of this section or has failed to file any medical certificate required by said division (G); or
(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, Article 26 (offenses against public morality and decency) and G.S. §§ 14-203 through 14-208, Article 27 (prostitution), or violating this county's ordinance relating to Massage of Private Parts for Hire, or this county's ordinance regarding Heterosexual Massage, or violation of any law or ordinance of any governmental unit related to the business or profession of massage.
(Ord. passed 5-17-76) Penalty, see § 111.99