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.