These requirements shall apply to all applicants, and no individual seeking to practice massage therapy shall be exempted therefrom except as expressly provided in § 112.01.
(A) No person shall engage in the business or profession of massage therapy unless such person shall have first applied for and received a privilege license or certificate of occupancy as required by this section.
(B) The applicant must be a professional active member in good standing in the American Massage Therapy Association (hereafter referred to as AMTA);
(C) The application for the license or certificate of occupancy required by this section shall be submitted to the City Manager and shall contain the following information:
(1) The name, age and residence address of the applicant;
(2) A valid certificate of active membership in the AMTA; or a document from AMTA certifying that the applicant has passed the membership entrance examination;
(3) A complete statement of the previous businesses or occupations of the applicant for the three years immediately preceding the date of the application;
(4) The date and place of applicant's birth and the residence address or addresses of the applicant for the three years immediately preceding the date of application;
(5) A complete statement of all convictions of the applicant for any felonies and for any offense involving sexual misconduct, whether in this jurisdiction or any other, including G.S. §§ 14-177 through 14-202.1 (offenses against public morality and decency) and G.S. §§ 14-203, 14-204, 14-205.1 through 14-206 (prostitution), or 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; and
(6) 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 therapy.
(D) Upon payment of the application fee, as set out in § 112.19, herein and upon submission of all the information required by the application under this chapter, the City Manager shall transmit a copy of the application to the Chief of Police for an investigative report. The Police Chief shall report the results of the investigation within a reasonable time, not to exceed 30 days. A license or certificate of occupancy shall be granted immediately, if all requirements described herein are met, and unless it appears that any such applicant is under the age of 18 years, has deliberately falsified the application, has had a previously issued license or certificate of occupancy to engage in the business or profession of massage revoked, or the record of such applicant reveals a conviction as set out in division (C)(5) of this section.
(E) Nothing herein shall be construed to restrict an authorized massage therapist from engaging in the business or profession of massage therapy in his or her own home after issuance of a home occupation permit or at the home or business of a potential client; provided, however, the massage therapist must post, or have in his or her possession at all times while engaged in the practice of massage therapy, the privilege license or certificate of occupancy required by this chapter.
(F) It shall be unlawful for anyone to perform massage therapy upon a minor unless and until consent therefore has been given by the minor's parent, guardian or custodian.
(Ord. 1990-65, passed 11-5-90) Penalty, see § 10.99