(A) No person, partnership, limited liability company, corporation, or association shall operate a massage business as herein defined unless that person, partnership, corporation, or association shall have first applied for and received a privilege license provided by this section.
(B) Every application for the privilege license prescribed herein shall be upon a form approved by the Town Manager and shall be filed with the Town Clerk and such application shall be made under oath and shall contain the following information:
(1) If the applicant is an individual, the name and residence address of the individual. If the applicant is a partnership (limited or general) the name and residence of each of the general partners. If the applicant is a firm, association, or limited liability company, the name and residence address of each member. If the applicant is a corporation the name and residence address of each officer and director. The names of the manager(s) of the business along with their residence address.
(2) The address of the premises where the massage business shall be located.
(3) A complete statement of all convictions of any persons whose name is required to be given in division (B)(1) for any felony for prostitution or any violation of any 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) of this section.
(5) A complete statement of any conviction of any person whose name is required to be given in division (B)(1) of this section for violation of any statute, law, ordinance, or regulation of 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) of this section wherein the business or profession of massage is carried on.
(7) The name and address of the individuals who will be performing the massage services and the proof required by G.S. § 14-4(C) and (3) and (4).
(C) The Town Clerk shall transmit a copy of the application to the Police Department for an investigative report, to the Zoning Department to determine compliance with all zoning and building regulations and ordinances, and to the Fire Department to determine compliance with any law relating to fire protection. The Police and Fire Departments and the Zoning Department shall within a reasonable time report the results of their examinations to the Town Clerk.
(D) An application in proper form accompanied by all reports required by this section shall be submitted to the Town Manager who shall approve such application if the manager determines that:
(1) The application contains no misstatement of fact, including, but not limited to, use of any name other than a legal name to procure an application or privilege license;
(2) The applicant has not been convicted of any crime involving sexual misconduct, including but not limited to offices described in G.S. Ch. 14, Articles 26, 26A, 27, or 39, or of any federal statute relative to prostitution or of any violation of any law or ordinance of any governmental unit concerning or related to the business of profession of massage.
(3) The applicant conforms to all requirements of applicable zoning, building, and fire prevention codes.
(4) The applicant has not for the three years period preceding the application had a previously issued license for engaging in the business or profession of massage revoked.
(5) The individuals who will be performing the massage services for the massage business are properly licensed under the provisions of this chapter.
(6) The town reserves the right to request submission of any additional information deemed necessary to process any such application.
(E) Upon approval of the application by the Town Manager and upon receipt of a license fee as fixed from time to time by the Town Council, the town shall issue a privilege license to the applicant.
(F) A license issued pursuant to this section shall be revoked by action of the Town Manager if he/she 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 as required by this chapter or whose license under this chapter has been revoked;
(3) The license or the legal or beneficial owner of an interest in the licensee is convicted of any crime involving sexual misconduct;
(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;
(5) The licensee violates any zoning, building, or fire prevention ordinance.
(G) A license issued pursuant to this section is void if the licensee moves or ceases operating a massage business at the location required to be stated in the application for license pursuant to division (B)(2) of this section.
(Ord. passed 6-27-96)