(A) No person shall engage in the business or profession of massage unless that person shall have first applied for and received a privilege license provided by this section.
(B) The application for the license required by this section shall be upon a form approved by the Town Manager and shall be filed with the Town Clerk. The 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 all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance.
(3) 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.
(4) The date and place of applicant’s birth, the name of 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 the following:
(1) Fingerprints of the applicant taken by the Police Department;
(2) Two recent photographs of the applicant’s head and shoulders of the size and quality prescribed by the Town Manager.
(3) The applicant must furnish the following proof of training:
(a) A diploma or certificate of graduation from an institute or school of massage whose curriculum is approved by the American Massage Therapy Association, Associated Bodywork and Massage Professionals or any other nationally recognized organization; or
(b) A diploma, transcript, or certificate of completion from a school or other institution of learning, or a workshop/seminar. The applicant must show proof that he/she has successfully completed no less than 500 classroom hours of instruction in the area of massage therapy and/or must show successful completion of the program of a period of no less than six months of professional training in the area of massage therapy; or
(c) Any license or certificate required by the state.
(4) In addition to division (3)(b), all applicants shall have submitted two written notarized recommendations from two members in good standing with the American Massage Therapy Association, Associated Bodywork and Massage Professionals, or any other nationally recognized organization or from two persons or instructors from other schools or institutions of learning, attesting to the notification and good standing of any such applicant for a license hereunder; and
(5) The town reserves the right to request submission of any additional information deemed necessary to process any such application.
(D) The Town Clerk shall transmit a copy of the application to the Police Department for an investigative report. The Police Department shall within a reasonable time report the results of its investigation to the Town Clerk.
(E) An application in proper form shall be submitted to the Town Manager with all reports required by this division. The Town Manager shall approve such application if he/she determines:
(1) That the applicant is at least 18 years of age;
(2) That the application contains no misstatement of fact, including, but not limited to, the use of any name other than a legal name to procure the application or privilege license;
(3) That the applicant has not been convicted of any crime involving sexual misconduct or any federal statute relating to prostitution or a violation of any law or ordinance of any governmental unit concerning or relating to business or profession of massage;
(4) That 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 has furnished the necessary proof of training as required by this chapter;
(6) That the applicant has not been previously convicted of any violation of any provision of this chapter.
(F) 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.
(G) The Town Manager shall have the authority to direct that any person licensed under this section submit to a medical examination by a licensed physician approved by the Town Manager. This authority shall be exercised only when the Manager has reason to believe that any such person has contracted a communicable disease. Refusal to submit to the examination shall be grounds for revocation of the license as provided in division (H) of this section.
(H) A license issued pursuant to this section shall be revoked by action of the Town Manager if he/she determines:
(1) The licensee has violated any provision of this chapter;
(2) The licensee is afflicted with a communicable disease;
(3) The licensee is found not to have the required diploma or certificate of graduation or required the correct number of hours and length of courses;
(4) The licensee has been convicted of a felony or any crime involving sexual misconduct.
(Ord. passed 6-27-96)