<div class="chunk-title">Sec. 10-53. - General provisions.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Regulatory license for premises required.</span> No massage parlor or massage establishment or health club shall operate without first
               obtaining a premises license.
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               (b)
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               <span class="ital">Applicant qualifications.</span> No premises license shall be issued for any massage parlor or other establishment
               regulated herein except to an owner who meets all the regulations herein required.
               </p>
            		
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               (c)
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               <span class="ital">Operator's license prerequisite.</span> No person shall engage in the business of or be employed as a masseur or masseuse
               unless he has first obtained an individual operator's licenses.
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               (d)
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               <span class="ital">Administration office.</span> All licenses are obtainable and are processed in the office of the county manager.
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               (e)
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               <span class="ital">License to be posted in establishment.</span> It shall be unlawful for any person to own or manage a massage parlor, massage establishment
               or health club or any masseur or masseuse to give or offer a massage in a massage
               parlor without a valid, nonsuspended license, issued pursuant to this article, conspicuously
               posted in the establishment, that is, so that the license may be readily seen by persons
               entering the premises in the public room thereof.
               </p>
            		
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               (f)
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               <span class="ital">Operator's licenses required.</span> It shall be unlawful for any person to establish, maintain or operate a massage parlor
               in which he or a masseur or masseuse who does not have a valid, nonsuspended, individual
               operator's license issued pursuant to this article, performs or offers to perform,
               or where it is offered to perform, massages.
               </p>
            		
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               (g)
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               <span class="ital">Applicationâ€”Contents; fee; affidavit.</span> Any person desiring a license hereunder shall make an application to the office of
               the county manager on forms provided by that office. Each license application shall
               be accompanied by an application fee, in such amount as may be established from time
               to time by the board of commissioners, payable to the finance director of the county.
               Each application shall contain the name, social security number, telephone number,
               date of birth, height, weight, current driver's license number and state issued, home
               address and employers for the past three years. In addition, such application shall
               include a sworn statement, both by the applicant and such person to whom the information
               applies, as to whether or not the applicant or any proposed employees, masseurs, masseuses,
               agents or business associates of any nature have been, within the last five years,
               convicted, pleaded nolo contendere, or suffered a forfeiture on any felony charge,
               or on a charge of violation of any provisions of state statutes involving sexual misconduct,
               including, but not limited to, those covered by G.S. ch. 14, art. 26 (G.S. 14-177
               et seq.), offense against public morality and decency, and G.S. ch. 14, art. 27 (G.S.
               14-203 et seq.), prostitution, or on a charge of violation of a similar law of any
               other jurisdiction, or on a charge of violating any provision of this article or similar
               ordinance in any other jurisdiction occurring within the previous five years of the
               date of the application. The applicant must also state, with regard to all persons
               about whom the information is required to be provided, an accurate complete statement
               of charges, whether or not resulting in conviction. The application shall state thereon
               that, "It is unlawful for any person to make a false statement on this application,
               and discovery of a false statement shall constitute grounds for denial of an application,
               or the revocation of a license." Each applicant and prospective employee shall be
               photographed and have his fingerprints taken, which fingerprints and photographs shall
               constitute part of the application.
               </p>
            		
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               (h)
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               <span class="ital">Sameâ€”Investigation of applicant; issuance or denial; hearing.</span> Upon receipt of the application fee as provided for in subsection (g) of this section,
               the county manager or his designated representative shall make or cause to be made
               a thorough investigation relative to the application. The county manager or his designated
               representative shall deny any application for a license under this article, after
               notice and hearing, if the county manager or his designated representative finds that
               the applicant, or any proposed or present employee has been, during the previous five
               years, convicted, pleaded nolo contendere, or suffered a forfeiture on any felony
               charge, or on a charge of violating any provision on the state statutes involving
               sexual misconduct, including, but not limited to, those covered by G.S. ch. 14, art.
               26 (G.S. 14-177 et seq.), offense against public morality and decency, and G.S. ch.
               14, art. 27 (G.S. 14-203 et seq.), prostitution, or has failed to completely and accurately
               submit in a sworn affidavit the statement of all charges placed against such employee
               of violating any similar law of any other jurisdiction, or on a charge of violating
               any provision of this article or similar ordinance in any other jurisdiction. The
               making of a false statement on the application or any sworn affidavit, as provided
               for in this article, shall also be grounds for denial of this application for license.
               Notice of the hearing before the county manager, or his designated representative,
               for denial of this application shall be given in writing, setting forth the place
               of the hearing. Such notice shall be mailed by certified mail to the applicant's last
               known address or the address listed on the application form submitted by the applicant,
               at least five days prior to the date set for the hearing. The county manager or his
               designated representative shall submit his decision to the applicant within five days
               of his decision or within 30 days of his receipt of the application, whichever is
               the sooner.
               </p>
            		
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               (i)
               </p>
            		
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               <span class="ital">Revocation of license.</span> The county manager or his designated representative shall revoke the license of any
               person, after notice and hearing, if he finds that such person has been, within the
               past five years, convicted, pleaded nolo contendere, or suffered a forfeiture of any
               felony charge, or on a charge of violating any provision of state statutes involving
               sexual misconduct, including, but not limited to, those covered by G.S. ch. 14, art.
               26 (G.S. 14-177 et seq.), offense against public morality and decency, and G.S. ch.
               14, art. 27 (G.S. 14-203 et seq.), prostitution, or has failed to completely and accurately
               submit in a sworn affidavit a statement of all charges placed against such employee
               or applicant of violating a similar law of any other jurisdiction, or on a charge
               of violating any provision of this article or similar ordinance in any other jurisdiction.
               The license shall be revoked by the county manager or his designated representative
               if he finds, after notice and hearing, that any license holder has made a false statement
               on the application or any document submitted with the application provided for herein;
               notice of the hearing before the county manager or his designated representative for
               revocation of the license shall be given in writing, setting forth the grounds of
               the proposed revocation and the time and place of the hearing, and such notice shall
               be mailed by certified mail to the license holder's last known address or the address
               listed on the application forms submitted by the applicant, at least five days prior
               to the date set for the hearing.
               </p>
            		
            <p class="incr0">
               (j)
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               <span class="ital">False statements of licensure; failure to display valid license when requested.</span> It shall also be unlawful for any person to purport to hold a valid license when
               they do not, or fail to display, upon request, to any law enforcement officer, corroborating
               identifying evidence that he is in fact the person displaying the license; or fail
               to display the license upon request by a law enforcement officer. It shall be an automatic
               cause for revocation of the license of any owner or manager of the massage parlor
               should they have two or more violations of these provisions in their establishment
               within a 12-month period.
               </p>
            		
            <p class="incr0">
               (k)
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               <span class="ital">Definition.</span> The term "person," for the purpose of this section, shall include a natural person,
               a partnership or association, and any partner or member thereof, or if the applicant
               is a corporation it shall include any officer, director or manager thereof, or shareholder
               owning ten percent or more of its stock, and shall likewise include members of both
               sexes.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
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               <span class="ital">Massages restricted to licensed designated premises; separate license for each premises.</span> All massages or other physical treatment must be performed on the licensed designated
               premises. If the business to be licensed pursuant to this article is carried on at
               two or more separate places, a separate county premises requesting license for each
               place or location of business shall be required.
               </p>
            		
            <p class="incr0">
               (m)
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               <span class="ital">Transferability of license.</span> The county license issued under this article shall be for the purpose of regulating
               the conduct of the establishment practicing the profession or business named in the
               license, shall not be transferable to any other person, and shall be construed to
               limit the person named in the license to conducting the profession or business and
               exercising the activity named in the license to the location that is specified in
               the license; provided that if the holder of the license under this article moves the
               business for which a license has been obtained to another location, a new license
               may be issued to the licensee at a new location for the balance of the licensed year,
               upon surrender of the original license for cancellation.
               </p>
            		
            <p class="incr0">
               (n)
               </p>
            		
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               <span class="ital">Licenses to regulate operator and employee function; transferability.</span> The county licenses issued under this article shall be for the purpose of regulating
               the operator as a masseur, masseuse or function as an employee (whether fulltime or
               parttime) of a massage parlor named in the licenses and shall be construed to limit
               the person named in the licenses to conducting his profession only to that location
               designated on the face of the licenses. Should any person with a valid nonsuspended
               license issued in the county transfer to a different place of employment within the
               county, written notification must be submitted to the county manager's office at least
               seven days prior to the person's beginning employment, and a reprocessing fee in such
               amount as may be established from time to time by the board of commissioners must
               accompany the resubmitted application. A new license may then be issued to the person
               for the balance of the year, upon surrender of the original license for cancellation.
               </p>
            		
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               (o)
               </p>
            		
            <p class="content1">
               <span class="ital">Reprocessing fee; contents of license.</span> Each licensee must submit a written notice at least seven days prior to the beginning
               of employment of a prospective employee the pertinent information required in the
               application forms and a reprocessing fee must be paid. Every license and renewal of
               license shall show on the face thereof the name of the licensee, the nature of the
               business, the location thereof, the time it was issued and payment of the regulatory
               licenses fee. The same data shall be shown on the face of all licenses issued.
               </p>
            		
            <p class="incr0">
               (p)
               </p>
            		
            <p class="content1">
               <span class="ital">Health certificates.</span> All certificates of health must be issued by the county department of health.
               </p>
            		
            <p class="incr0">
               (q)
               </p>
            		
            <p class="content1">
               <span class="ital">Posting of licenses and health certificate.</span> In addition to posting the premises license, each employee's licenses and health
               certificate shall also be conspicuously posted so as to be readily seen by persons
               entering the premises in the public room thereof.
               </p>
            		
            <p class="historynote0">
               (Code 1984, Â§ 8-17; Ord. of 9-2-1986)
               </p></div>