(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 City Manager and shall be filed with the City 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 the applicant's birth, the name of the applicant's 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) above, the following:
(1) Fingerprints of the applicant taken by the Public Safety Department;
(2) Two recent photographs of the applicant's head and shoulders, of a size and quality prescribed by the City Manager; and
(3) A medical certificate signed by a physician, licensed to practice in the state, 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 from communicable disease. The additional information required by this subsection shall be provided at the applicant' s expense.
(D) The City Clerk shall transmit a copy of the application to the public safety department for an investigative report. The Public Safety Department shall, within a reasonable time, not to exceed 45 days, report the results of its investigation to the City Clerk.
(E) An application in proper form, accompanied by all reports required by this section, shall be submitted to a review panel consisting of the City Manager, the City Attorney and the Chief of Public Safety, which shall approve such application if the review panel determines that:
(1) 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. Art. 26, § 14-177 through 14-202.1, (offenses against public morality and decency), and G.S. Art. 27, §§ 14-203 through 14-208, (prostitution), or of any violation 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 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 review panel, and upon receipt of a $50 license fee, the Tax Collector shall issue a privilege license to the applicant.
(G) 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 City Council. This authority shall be exercised only when the Council has reason to believe that any such person has contacted a communicable disease. Refusal to submit to such examination shall be grounds for revocation of such license as provided in division (H) of this section. 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 such updated 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 City Council if the City Council determines that:
(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 City Council pursuant to division (G) of this section, or has failed to file any medical certificate required by 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. Art. 26, §§ 14-177 through 14-202.1, (offenses against public morality and decency), and G.S. Art. 27, §§ 14-203 through 14-208, (prostitution), 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.
('84 Code, § 15-4) (Ord. passed 1-7-77; Am. Ord. O-1995-02, passed 5-2-95) Penalty, see § 10.99