(A) (1) Every applicant for a license to maintain, operate or conduct a massage establishment shall file an application under oath on a form provided by the town with the Chief of Police and pay a non-refundable annual license fee, which shall be as set forth in the Town Schedule of Rates and Fees, a copy of which is located in the office of the Town Clerk and is incorporated herein by reference, per year or any part thereof.
(2) The application, once accepted, shall be investigated by the Police Department.
(3) Copies of the application shall within five days be referred to the Inspection Services Division of the Department of Community Development and the Fire Department.
(4) These departments shall, within 30 days of receipt of a copy of the application, inspect the premises proposed to be operated as a massage establishment and make written verification to the Chief of Police concerning compliance with the codes of the town that they administer.
(B) Each application shall contain the following information:
(1) A definition of the service to be provided;
(2) The location, mailing address and all telephone numbers of the premises where the business is to be conducted;
(3) (a) The name and residence address of each applicant;
(b) All provisions which refer to applicant include an applicant which may be a corporation or partnership;
(c) If the applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation and the address of the corporation itself, if different from the address of the massage establishment;
(d) If the applicant is a partnership, the names and residence addresses of each of the partners including limited partners and the address of the partnership itself, if different from the address of the massage establishment; and
(e) If any of the foregoing persons have resided at an address for less than two years prior to date of filing the application, then the person shall provide each address at which he or she resided during the previous two years.
(4) Proof that the applicant is at least 18 years of age;
(5) Individual or partnership applicant’s height, weight, color of eyes and hair and sex;
(6) Copy of identification such as driver’s license and Social Security card;
(7) One portrait photograph of the applicant at least two inches by two inches and a complete set of the applicant’s fingerprints which shall be taken by the Chief of Police or his or her agent. If the applicant is a corporation, one portrait photograph at least two inches by two inches of all officers and managing agents of the corporation and a complete set of the same officers’ and agents’ fingerprints which shall be taken by the Chief of Police or his or her agent. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including a limited partner in the partnership and a complete set of each partner or limited partner’s fingerprints which shall be taken by the Chief of Police or his or her agents;
(8) The business, occupation or employment of the applicant for the three years immediately preceding the date of application;
(9) The massage or similar business license history of the applicant; whether the person, in previously operating in this or another city or state, has had a business license revoked or suspended, the reason therefor and the business activity or occupation subsequent to the action or suspension or revocation;
(10) All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted;
(11) The applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught; provided, however, that if the applicant will not personally engage in the practice of massage, as defined herein, he or she need not possess the diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught;
(12) 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)(3) above wherein the business or profession of massage is carried on;
(13) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant;
(14) Authorization for the town, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;
(15) The names, current addresses and written statements of at least three bona fide permanent residents of the United States that the applicant is of good moral character; (If the applicant is able, the statement must first be furnished from residents of the town, then from Nash, Wilson or Edgecombe Counties, then from the state and lastly from the remainder of the United States. These references must be persons other than relatives and business associates.)
(16) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application; and
(17) Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, the declaration being duly dated and signed in the town.
(C) (1) Upon the completion of the above provided form and the furnishing of all foregoing information the Police Department shall accept the application for the necessary investigations.
(2) The holder of a massage establishment license shall notify the Chief of Police of each change in any of the data required to be furnished by this section within ten days after the change occurs.
(Ord. O-1-5-93, passed 1-5-1993)