§ 12-63. Licensing of massage therapy business operators.

(a)

No person shall operate a massage business unless such person shall have first applied for and received the 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. Every such application shall be made under oath and shall contain the following information:

(1)

If the applicant is a person, the name and residence address of such person; if the applicant is a partnership, corporation or association, the name and residence address of all persons having any legal or beneficial interest in such applicant;

(2)

The address of the premises where the massage business shall be located or where the applicant resides;

(3)

A complete statement of all convictions of any person whose name is required to be given in subsection (b)(1) of this section for any felony, or 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 subsection (b)(1) of this section;

(5)

A complete statement of any conviction of any person whose name is required to be given in subsection (b)(1) of this section, for violation of any statute, law, ordinance or regulation of any 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 subsection (b)(1) of this section;

(7)

A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

(c)

The town clerk shall transmit a copy of the application to the police department for an investigative report, to the building inspector to determine compliance with all zoning and building regulations and ordinances, and to the fire department to determine compliance with any law relating to the fire protection. The police and fire departments and the building inspector shall, within a reasonable time, not to exceed 45 days, 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 board of commissioners, which shall approve such application if the board of commissioners determines that:

(1)

The application contains no misstatement of fact.

(2)

The applicant, or any person having any legal or beneficial ownership interest in the applicant, has not been convicted of any crime involving sexual misconduct including, but not limited to, G.S. 14-177—14-202.1, and G.S. 14-203—14-208, or of this chapter, or of any federal statutes 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 in the last ten years.

(3)

The applicant conforms to all requirements of applicable zoning, building and fire prevention codes, if applicable.

(4)

The applicant or any person having a legal or beneficial ownership interest in 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.

(e)

Upon approval of the application by the board of commissioners, and upon receipt of the required license fee, the town tax collector shall issue a privilege license to the applicant.

(f)

A license issued pursuant to this section shall be revoked by action of the board of commissioners if the board of commissioners determines that:

(1)

The licensee has violated any provision of this article.

(2)

The licensee, or any agent of the licensee, employs any person practicing the business or profession of massage who has not been issued the privilege license required by section 12-64, or whose license under section 12-64 has been revoked.

(3)

The licensee, or the legal or beneficial owner of any interest in the licensee is convicted of any crime involving sexual misconduct including, but not limited to, G.S. 14-177—14-202.4, and G.S. 14-203—14-208 in the last ten years.

(4)

Any employee of the licensee is convicted of any felony in connection with his employment, or is convicted of any crime involving sexual misconduct including, but not limited to, G.S. 14-177—14-202.4 and G.S. 14-203—14-208 or of this chapter.

(5)

The licensee violates any zoning, building or fire prevention ordinances or chapter 4 of this Code.

(g)

A license issued pursuant to this article is void if the licensee moves or ceases operating a massage business.

(Code 1990, § 10-58)