Massage Business License Ordinance Pitt County, North Carolina PITT COUNTY CODE § 8-20 OCCUPATIONAL LICENSES, TAXES AND REGULATIONS

ARTICLE I. IN GENERAL

Secs. 8-1—8-19. Reserved.

ARTICLE II MASSAGE BUSINESS LICENSE

DIVISION 1. GENERALLY

Sec. 8-20. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:

Carrying on business: Advertisement, soliciting business for, or providing information relevant to obtaining massages or other physical treatment regulated under this article shall constitute the carrying on of the business, trade, or profession of masseur or masseuse, and for the operation or carrying on of the businesses, trades, or professions commonly known as massage parlors, health salons, physical culture studios, clubs, or establishments, or similar establishments, by whatever name designated, or however situated, wherever physical culture, massage, hydrotherapy, or other physical treatment of the human body is carried on or practiced.

Employee: Any individual who renders any service in connection with the operation of a massage establishment and receives compensation therefore, including but not limited to massages.

License: A certificate or document itself which gives permission to operate a massage parlor on the premises listed on the face of the certificate or document.

Massage: Massage means the manipulation of body muscle or tissue by pressure on, friction against, rubbing, stroking, kneading, or tapping by manual or mechanical means or devices of whatever nature or description.

Massage business; massage parlor: An establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studies, and massage studios, or any similar business or establishments by whatever name designated. Such business includes the massage or treatment of any person for a fee or in expectation of a gratuity from the person massaged or treated. The terms include any establishment or business wherein service is offered and performed in the form of massage, baths, exercises, or similar services in combination, to club members or to the public for a charge, including establishments commonly known as health clubs, physical culture studios, and massage studios, or any similar businesses or establishments by whatever name designated.

(1) The terms do not include: hospitals, nursing homes, medical clinics, or the offices or quarters of a licensed physician, a surgeon, a chiropractor, or an osteopath.

(2) For the purposes of this article, the terms massage business, massage parlor, health club, and health salon are used synonymously, by the definition for massage business or massage parlor.

Masseur, masseuse, massagist: A masseur, masseuse, or massagist is a person who practices any one (1) or more of the arts of body massage, either by hand or mechanical apparatus, oil rubs, corrective gymnastics, mechanotherapy, including color therapy, dietetics, hot packs, cabinet, tub, shower, sitz, vapor, pressure hose, steam, or any other special type of bath, and generally is engaged in the business or profession of massage.

Nudity: Uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernible turgid state. For the purpose of this definition, a female breast is considered uncovered if the nipple only or the nipple and areola are uncovered.

Private parts: The penis, scrotum, mons veneris, vulva, or vaginal area. (Ord. of 3-23-87(1), § 1.2)

Sec. 8-21. Purpose of article.

To protect the general health, safety, welfare, and morals, the following licensing provisions, specified in this article, are ordained for the privilege of carrying on the businesses, trades, or profession of masseur, masseuse, or massagists and for the operation or carrying on the businesses, trades, or professions commonly known as massage parlors, health salons, physical culture studios, clubs, or establishments by whatever name designated, or however situated, wherein physical culture, massage, hydrotherapy or physical treatment of the human body is carried on or practiced. The provisions of this article shall not apply to a regularly established and licensed hospital, sanitarium, rehabilitation center or institution, nursing home or medical clinic, nor to the office or clinic operated by a duly qualified and licensed medical practitioner, osteopath, or chiropractor in connection with such person's practice of medicine, chiropractic, or osteopathy; provided, however, that such office is regularly used by such medical practitioner, chiropractor, or osteopath as such person's principal location of such person's practice of medicine, chiropractic, or osteopathy. (Ord. of 3-23-87(1), § 1.1)

Sec. 8-22. Penalties.

(a) Criminal: Any person convicted of violating any provisions of this article shall be punished by fine or imprisonment or both as provided by G.S. 14-4.

(b) Civil: in addition to the criminal penalties as may be imposed by reason of a violation of this article, if any person shall engage in the business, trade, or profession of a masseur, masseuse, or massagist, or provide the service of such without obtaining the permit or license as required by this article, such person shall be also subject to a civil penalty of five thousand dollars ($5,000.00) which shall be assessed by the board of commissioners upon proof of such activity, that may be recovered, if not paid within thirty (30) days after notice of assessment, by a civil action in the nature of debt, as prescribed in G.S. 143A 123(c). (Ord. of 3-23-87(1), § 5.2)

Sec. 8-23. Illegal acts generally.

It shall be unlawful for any person engaging in the business, trade, or profession of a masseur, masseuse, or massagist, or any officer or employee of such person, or any customer or member of an establishment requiring licensing under the provisions of this article, to engage in the following practices on or about the premises of such an establishment:

(1) Offer or provide a massage to any person without having a currently valid license to do so, except when under the supervision of any employee or trainee of a person or organization with a currently valid license.

(2) Touch, manipulate, uncover, or otherwise have physical contact with the private parts of any person, whether directly or indirectly, or whether or not such organs are covered.

(3) Go or lie about such establishment without the private parts being covered at all times, or engage in any activity in which nudity exists.

(4) Provide or accomplish massage or any treatment offered by the establishment in private areas. For the purpose of this article, "private areas" shall include but not be limited to any one (1) of the following: a. Areas in which the activities of masseurs, masseuses, or massagists and customers or members cannot be seen by the supervisors without opening a door or window or using a peephole or similar device which denies normal vision. b. An area designated to accommodate only a single operator or member or a single masseur, masseuse, or massagist. c. Any area outside the main premises in which the business is located, including motel rooms, private residences, or any outbuildings.

(5) Lock any door, whether an interior door or an exterior door. A business shall have no doors which cannot be readily opened by a functional door handle which, by ordinary effort, can be used to open such door from either side of such door. There shall be no locked doors within the interior of the facility except for rooms which are used exclu- sively for toilet purposes, and the exterior door through which patrons must enter shall be kept unlocked at all times during the business hours.

(6) Operate or maintain an establishment requiring a license under the provisions of this article without posting in readable print, in permanent places inside the establishments, notices of the practices which are declared unlawful under this section and section 8-24.

(7) Operate in a public or private facility as a massage parlor or to permit an activity of baths, showers, steam baths, saunas, sitz baths, hydrotherapy, or massage where any physical contact or physical assistance with recipient of such services is provided by a person of the opposite sex, except upon the signed order or prescription of a licensed physician, osteopath, chiropractor, or registered physical therapist. Such order or prescription shall be dated and shall specifically state the number of massages which shall not exceed ten (10) in number. The date and hour of each such massage, and the name of the establishment, masseur, masseuse, or massagists giving the massage shall be entered on such order by the establishment when such massage is given. The order or prescription shall be retained by the establishment, and such massages and order shall be subject to inspection by the sheriff of this county, or the sheriff's deputies, at any reasonable time. Any person violating the provisions of this section shall, upon conviction, be punished as provided in this article, and, in addition to such penalty, it shall be the duty of the county manager to revoke the license of the masseur, masseuse, or massagist and/or the owner or manager of the establishment wherein the provisions of this section shall have been violated. The prohibitory provisions of this section are not applicable to licensed physicians, osteopaths, chiropractors, registered physical therapists, licensed hospitals, rehabilitation institutions, nursing homes, or medical clinics. (Ord of 3-23-87(1), § 2.1)

Sec. 8-24. Minors.

The employment in or the patronage of massage parlors or similar establishments is subject to the following restrictions and prohibitions:

(1) Restricted: It shall be unlawful for any person under the age of eighteen (18) years of age to patronize any massage parlor or similar establishment licensed pursuant to this article, unless such person carries with such person at the time of such patronage a written order directing the treatment to be given, signed by a regularly licensed physician.

(2) Employment: It shall be unlawful for any person under the age of eighteen (18) years of age to be employed by any massage parlor or similar establishment licensed pursuant to this article, in any capacity as an employee.

(3) Duty of operator: It shall be the duty of the operator of such massage parlor or similar establishment licensed pursuant to this article, to determine and have verification of the age of the person patronizing such establishment, and violation of this section shall be grounds for the revocation of the license of the establishment and shall also be grounds for the revocation of the licenses of the masseur, masseuse, or massagist.

(4) Employment of licensed employees: No person licensed under this article shall allow or permit any person to massage or treat any person upon the premises operated by the licensee, unless the person giving such massage or treatment has complied with all requirements of licensing as set forth in sections 8-36 through 8-45, including the periodic medical examinations by a licensed physician. Violation of this section shall be grounds for immediate revocation of the license issued to such violator, pursuant to this article. (Ord. of 3-23-87(1), § 2.2)

Sec. 8-25. Sanitation.

The following standards of sanitation shall be maintained by the licensed person or es- tablishment at all times:

(1) All masseurs, masseuses, or massagists shall wear clean, white "nurse like" uniforms while on duty, with hairnets or other protective sanitary head coverings.

(2) All licensees shall maintain clean restrooms and toilet facilities for the use of their patrons, guests, and employees.

(3) All equipment, shower stalls, toilets, lavatories, and other such accouterments of the establishment shall be regularly treated with disinfectants, and shall be maintained in a clean and sanitary condition at all times.

(4) Health, plumbing, electric, and other inspectors shall be given access to any part of the quarters of a massage parlor or health club for purposes of inspection at all reasonable times.

(5) No person shall practice any of the services of a massage parlor or health club without a certificate of good health issued by a duly licensed physician, who is not associated in any way financially with the business, commensurate with the nature of the services rendered. Such certificate shall be valid for one (1) year from date of issuance. All certificates of health shall be issued by the county department of health.

(6) No massage parlor or health club shall knowingly serve any patron infected with any fungus or other skin infection, nor shall service be performed on any patron exhibiting skin inflammation or eruptions, provided that a duly licensed physician may certify that a person may be safely serviced, prescribing the conditions thereof.

(7) All personnel shall wash their hands in hot running water, using a proper soap or disinfectant before giving any service or treatment to each separate patron.

(8) All towels and tissues, and an sheets or other covering, shall be used singularly for each patron and discarded for laundry or disposal immediately after use in a proper container.

(9) Closed containers shall be provided for wet towels and waste materials. (Ord. of 3-23-87(1), § § 3.1, 4.3)

Sec. 8-26. Safety.

The following safety standards shall be maintained at all times:

(1) All interior areas of the licensed premises, exclusive of storage areas, shall be illuminated by no less than three (3) watts per square foot during the normal hours of operation.

(2) A fire evacuation plan shall be prominently posted in each treatment room and reception area. Such plan shall consist of a clearly outlined diagram of all exits and evacuation routes, referenced with any additional information necessary to the fast, safe evacuation of the premises under emergency conditions.

(3) All licensees shall acquire and properly maintain sufficient fire protection equipment for the safe operation of their business, as required by the National Fire Protection Association, as approved by the fire marshal of the county. The fire marshal shall also assist the licensee in determining the necessary fire protection equipment. (Ord. of 3-23-87(1), § 3.2)

Sec. 8-27. Operating hours.

Every masseur, masseuse, or massagist, and every massage parlor, health club, or other like establishment shall be governed by the following hours of operation:

(1) No person licensed as a masseur, masseuse, or massagist shall massage or treat any person or engage in the business or profession of massage before 8:00 a.m. or after 12:00 midnight, prevailing time.

(2) No person licensed under this article shall admit customers or prospective customers, remain open for business, or allow, permit, or condone any massage or treatment of any person upon the premises before 8:00 a.m. or after 12:00 midnight, prevailing time.

(3) No person in charge or managing a massage business upon the premises shall allow, permit, or condone any massage or treatment of any person before 8:00 a.m. or after 12:00 midnight, prevailing time. (Ord. of 3-23-87(1), § 3.3)

Sec. 8-28. Record keeping.

All licensees are required to secure the names and addresses of all patrons prior to treatment. The licensees shall verify the name and address of the patrons through at least two (2) valid items of identification, such as a driver's license, government identification card, social security card, credit card, or other such identification. The licensee shall collect and maintain the records, in a permanently bound volume, of the names and addresses of such patrons, the sources of identification (including numbers of such identification cards), and the name of the masseur, masseuse, or massagist performing services to the patron, and shall open records for inspection by law enforcement and health officials during the licensee's normal hours of operation. The licensee shall be required to maintain and store such bound volume which has been filed in a safe and secure place for a period of five (5) years from the date of the last entry in such record. (Ord. of 3-23-87(1), § 3.4)

Sec. 8-29. Filing names of employees with sheriff.

All licensees are required to comply with the following provisions concerning the em- ployees of the licensee: It shall be the duty of all licensees to file with the sheriff the names of all employees, their home addresses, home telephone numbers, and places of employment. Changes in the list of employees with the names of new employees must be filed with the sheriff within seven (7) days from the date of any change. (Ord. of 3-23-87(1), § 3.7)

Secs. 8-30—8-35. Reserved.

DIVISION 2. LICENSES

Sec. 8-38. Massage business license—Required; applications.

All massage parlors or businesses shall be governed by the following licensing regulations and laws:

(1) No person shall operate a massage business, unless such person shall have first applied for and received a privilege license which is provided for in this division.

(2) Every application for the privilege license prescribed in this division shall be upon a form approved by the county manager, and shall be filed with the county manager. Every application shall be made under oath and hall contain the following information: a. If the applicant is a person, the name and residence address of such person. If the applicant is a firm, partnership, corporation, or association, the name and residence address of all persons having any legal or beneficial interest in such applicant; b. The address of the premises where the massage business shall be located; c. A complete statement of all convictions of any person whose name is required to be given in subsection (a) of this section for any felony, for the crime of prostitution, or for any violation of the law relative to prostitution, for the violation of G.S. 14-33, 14-34, 14-72(a) or 14-72.1; d. A complete statement of a revocation by any governmental unit, of any license to operate a massage business held by any person whose name, or names, are required to be given in subsection (a) of this section; e. A complete statement of any conviction of any person whose name is required to be given in subsection (a) 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; f. 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 (a) of this section, wherein the business or profession of massage is carried on; and g. A description of any other business operated on the same premises or on adjoining premises owned or controlled by the applicant. (Ord. of 3-23-87(1), § 4.1(A), (B))

Sec. 8-37. Same—Investigations of application; reports.

The county manager, upon receipt of the application, shall transmit a copy thereof to:

(1) The county sheriff’s department for an investigative report;

(2) The planning department determining compliance with all zoning and building reg- ulations and ordinances (if applicable); and

(3) The county fire marshal to determine compliance with any law relating to fire protection.

The sheriff, the county engineer, and the fire marshal shall within a reasonable time, not to exceed forty five (45) days, report the results of their examinations to the county manager. (Ord. of 3-23-87(1), § 4.1(C))

Sec. 8-38. Same—Approval by board.

An application in proper form, accompanied by all reports required by section 8-37, shall be submitted to the board of commissioners, which shall approve such application if it determines that:

(1) The application contains no misstatement of facts;

(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 through 14-202.1, prohibiting offenses against public morality and decency, G.S. 14-203 through 14-208, prohibiting prostitution, or of violation of any federal statute relating to prostitution, of any violation of G.S. 14-33, 14-34, 14-72(a) or 14-72.1, or of any violation of any law or ordinance of any governmental unit concerning or relating to the business or profession of massage;

(3) The applicant conforms to all requirements applicable to zoning, building, and fire prevention; and

(4) The applicant, or any person having a legal or beneficial interest in the applicant, has not for the period of three (3) years preceding the application had a previously issued license for engaging in the business or profession of massage revoked. (Ord of 3-23-87(1), § 4.1(D))

Sec. 8-39. Same—Fees; issuance; period; renewal.

(a) Upon approval of the application by the board of commissioners, and upon the receipt of a five thousand dollar ($5,000.00) original license fee for each premises, the tax collector shall issue a privilege license to the applicant which shall be considered an initial application fee. Thereafter, an annual renewal license fee of one thousand dollars ($1,000.00) for each premises shall be paid to the county tax collector in order for such license to be renewed.

(b) Each license shall be valid for the fiscal year in which issued, expiring on June 30 of the year of issue.

(c) Each license may be renewed from fiscal year to fiscal year by submission of a renewal application to the county tax collector at least thirty (30) days prior to the expiration date of the license, and the payment of an annual license fee of five hundred dollars ($500.00) for each premises.

(d) 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. (Ord. of 3-23-87(1), § 4.1(E)—(G), (I))

Sec. 8 40. Same—Revocation.

A license issued pursuant to section 8-39 shall be revoked by the 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 employee or 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 required in section 8-36 hereof or whose license under such section 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 through 14-202.1, G.S. 14-203 through 14-208, or any violation of G.S. 14-33, 14-34, 14-72(a) or 14-72.1; or

(4) Any employee of the licensee is convicted of any felony in connection with such employee's employment, or is convicted of any crime involving sexual misconduct, including but not limited to G.S. 14-177 through 14-202.1 or G.S. 14-203 through 14-208, or any violation of G.S. 14-33, 14-34, 14-72(a), or 14-72.1;

(5) The licensee violates any zoning, building, or fire prevention ordinance. (Ord of 3-23-87(1), § 4.1(H))

Sec. 8-41. Masseur, masseuse, or massagist license—Required; application.

All masseurs, masseuses, or massagists shall be governed by the following licensing regulations and laws:

(1) No person shall engage in the business or profession of massage unless such person shall have first applied for and received the privilege license provided for in this article.

(2) The application for the license required by this section shall be upon a form approved by the county manager and shall be filed with the county manager. Such application shall be given under oath and shall contain the following information:

a. The name, age, and residence address of the applicant;

b. A complete statement of the previous business or occupation of the applicant for the two (2) years immediately preceding the date of application, including any massage establishment experience;

c. A complete statement of all convictions of the applicant for any felony, misdemeanor, or violation of a local ordinance; for the crime of prostitution, or for any violation of the law relative to prostitution; for the violation of G.S. 14-33, 14-34, 14-72(a) or 14-72.1;

d. 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; and e. The date and place of the applicant's birth, the names of the applicant's parents, the residence address required to be stated in subsection (2)a. of this section, and the time of residence at each address.

(3) The applicant shall submit, as a part of the application required in subsection (2) of this section, the following: a. Fingerprints of the applicant taken by the sheriff's department; b. Two (2) recent photographs of the applicant's head and shoulders, of a size and quality prescribed by the county manager; and c. A medical certificate signed by a physician, licensed to practice medicine in the state, within seven (7) days of the date of the application. This certificate shall state that the applicant was examined by the certifying physician and that the 3 applicant is free from communicable disease. The additional information required by this section shall be provided at the expense of the applicant. (Ord. of 3-23-87(1), § 4.2(A)—(C))

Sec. 8-42. Same—Investigation of application; report.

The county manager shall transmit a copy of the application to the sheriff’s department for an investigative report. The sheriff's department shall within a reasonable time, not to exceed forty five (45) days, report the results of its investigation in writing to the county manager. (Ord. of 3-23-87(1), § 4.2(D))

Sec. 8-43. Same—Approval by board; fees; issuance.

(a) An application in proper form shall be submitted to the board of commissioners together with all reports required by sections 8-41 and 8-42. The board of commissioners shall approve such application if the board determines that:

(1) The applicant is at least eighteen (18) years of age;

(2) The application contains no misstatement of fact;

(3) The applicant has not been convicted of any crime involving sexual misconduct, including but not limited to G.S. 14-177 through 14-202.1, G.S. 14-203 through 14-208, any violation of G.S. 14-33, 14-34, 14-72(a) or 14-72.1, or any federal statute relating to prostitution, or violation of any law or ordinance of any governmental unit concerning or related to the business or profession of massage;

(4) The applicant has not, for the three-year period immediately preceding the application, had a previously issued license for engaging in the business or profession of massage revoked;

(5) The applicant is free from communicable disease as evidence by the medical certificate required in this article; and

(6) The applicant has not been previously convicted of any violation of any provision of this article.

(b) Upon approval of the application by the board of commissioners, and upon receipt of a one thousand dollar ($1,000.00) license fee, the county tax collector shall issue a privilege license to the applicant for a period of one (1) year, such term expiring on June 30 following the date of application. Thereafter, an annual renewal license fee in the amount of three hundred dollars ($300.00) shall be paid to the county tax collector in order for the license to be renewed. The renewal license shall not be issued until the approval of the board of commissioners has been obtained and written authorization from the county manager has been received by the tax collector.

(c) The board of commissioners 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 board of commissioners. This authority shall be exercised only when the board has reason to believe that any such person has contracted a communicable disease. Refusal to submit to such examination shall be grounds for revocation of such license as provided in section 8-44. Not-withstanding the provisions of this subsection, every person licensed under this section shall file and continue to file with the county manager a new medical certificate dated no more than thirty (30) days prior to each application for renewal of the license prescribed under this section. Failure to file such updated certificates shall be grounds for revocation of such license as provided in section 8-44. (Ord. of 3-23-87(1), § 4.2(E)—(G))

Sec. 8-44. Same—Revocation.

A license issued pursuant to section 8-43 shall be revoked by action of the board of commissioners if the board of commissioners determines:

(1) The licensee has violated any provision of this article;

(2) The licensee is afflicted with a communicable disease;

(3) The licensee has failed to be examined by a licensed physician when required by the board of commissioners, pursuant to section 8-43(c), or has faded to file any medical certificate required by section 8-43(c);

(4) The licensee has been convicted of a felony, or any crime involving sexual misconduct, including but not limited to G.S. 14-177 through 14-202.1, and G.S. 14-203 through 14-208, any federal statute relating to prostitution, for any violation of any or all of G.S. 14-33, 14-34, 14-72(a), or 14-72.1, or for violation of any law or ordinance of any governmental unit concerning or related to the business or profession of massage; or

(5) The licensee fails to display a valid license or permit, upon request, to any law enforcement of officer, corroborating identifying evidence that such person is in fact the person displaying the license or permit. (Ord. of 3-23-87(1), § 4.2)

Sec. 8-45. Transferability. The license or permit issued under the provisions of this article shall be and constitute a personal privilege to conduct the profession or business named in the license, shall not be transferable to any other person, and shell be construed to limit the person or business named in the license to conducting the profession or business and exercising the privilege named in the license to the location that is specified in the license, provided 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 the new location for the balance of the licensed year, upon surrender of the original license for cancellation. (Ord. of 3-23-87(1), § 4.3)

Sec. 8-46. Appeal to board of denial or revocation.

All applicants for licenses, and all licenses, shall be governed by the following provision: Before the board of commissioners revokes a license issued pursuant to this article, or if the county manager denies an application, if the board of commissioners determines reasonable grounds exist to deny an application for a license pursuant to this article, it shall cause a written notice to be sent by certified mail, return receipt requested, to the licensee affected, or applicant affected, at the address stated in the license or application. This notice shall advise the affected party of a right to appear before the board of commissioners with or without legal counsel at a stated time and place for the purpose of presenting any evidence relevant to such revocation or denial, or for the purpose of hearing all evidence submitted and examining or cross examining any person providing such evidence. (Ord. of 3-23-87(1), § 3.6)

Sec. 8-47. Posting license.

Every masseur, masseuse, or massagist, and every massage parlor, health club, or other like establishment shall be governed by the following:

(1) Every masseur, masseuse, or massagist shall post the license required by this article in such person's work area.

(2) Every person licensed as a massage parlor or health club under this article shall it display such license in a prominent place. (Ord. of 3-23-87(1), § 3.5)

Secs. 8-48, 8-49. Reserved.