Statesville City Zoning Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business or profession of massage means the massage or treatment of any person for a fee or in expectation of a gratuity from the person massaged.

Massage means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice.

Massage business means any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios and massage studios.

Massagist means any person engaged in the business or profession of massage.

(Code 1959, § 12-32)

Cross reference— Definitions and rules of construction generally, § 1-2.

Any person convicted of violating any provision of this chapter shall be subject to a civil penalty under section 1-7.

(Code 1959, § 12-45; Ord. No. 25-87, 6-15-87)

To protect public health, safety, welfare and morals, the following privilege license provisions and regulations are ordained for the privilege of carrying on the business, trade or profession of massagist and for the operation or carrying on of the businesses, trades or professions commonly known as massage parlors, health salons, physical culture studios or similar establishments wherein massage or physical manipulation of the human body is carried on or practiced. The provisions of this chapter shall not apply to a regularly established and licensed hospital, sanitarium or nursing home, nor to an office or clinic operated and regularly used by a duly qualified and licensed medical practitioner, osteopath or chiropractor in connection with the practice of medicine, chiropractic or osteopathy.

(Code 1959, § 12-32)

The police department and the building inspector may make inspections of each massage establishment in the city for the purposes of determining that the provisions of this chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee or his employee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.

(Code 1959, § 12-43)

State Law reference— Administrative search and inspection warrants, G.S. § 15-27.2.

The licenses required under this chapter are annual privilege licenses. Such licenses shall be due and payable in the same manner as prescribed for other privilege licenses issued by the city.

(Code 1959, § 12-41)

It shall be the duty of any person granted a license under this chapter to maintain correct and accurate records of the names and addresses of the persons receiving treatment at the establishment, the type of treatment administered and the name of the person or the establishment administering the treatment. Such records shall be subject to inspection at any reasonable time by any member of the police department of the city and shall be kept on file for one (1) year.

(Code 1959, § 12-42)

(a)

It shall be unlawful for any person licensed as a massagist under this chapter to massage or treat any person, or engage in the business or profession of massage, before 8:00 a.m. or after 9:00 p.m.

(b)

It shall be unlawful for any person licensed under article II, division 2 of this chapter to admit customers or prospective customers, or 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 9:00 p.m.

(c)

It shall be unlawful for any person in charge of managing a massage business upon the premises to allow, permit or condone any massage or treatment of any person before 8:00 a.m. or after 9:00 p.m.

(Code 1959, § 12-39)

(a)

It shall be unlawful for any person licensed as a masseur or masseuse under this chapter to massage or treat any person under the age of eighteen (18) upon the licensed premises, except upon written order by a licensed physician, osteopath, chiropractor, or registered physical therapist, such order being dated and in the possession of the masseur or masseuse giving the massage or treatment. A violation of this subsection shall be grounds for revocation of any license issued to such violator pursuant to this chapter.

(b)

It shall be unlawful for any person licensed under article II, division 2 of this chapter to allow, permit or condone the massage or treatment of any person under the age of eighteen (18) upon the licensed premises, except upon written order by a licensed physician, osteopath, chiropractor or registered physical therapist, such order being dated, and a true copy of such order being in the possession of the licensee before administration of any massage or treatment. A violation of this subsection shall be grounds for revocation of any license issued to such violator pursuant to this chapter.

(c)

It shall be unlawful for any person licensed under article II, division 2 of this chapter to employ any person under the age of eighteen (18) years in the operation of a massage business.

(d)

It shall be unlawful for any person under the age of eighteen (18) to patronize any massage parlor or similar establishment licensed hereunder, except as permitted in subsections (a) and (b) of this section.

(Code 1959, § 12-40)

It shall be unlawful for any person holding a license under this chapter to treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, chiropractor or registered physical therapist, which order shall be dated and shall specifically state the number of treatments, not to exceed ten (10). The date and hour of each treatment given and the name of the operator shall be entered on the order by the establishment where the treatments are given and shall be subject to inspection by the police at any reasonable time. The requirements of this section shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath or registered physical therapist or chiropractor, or in a regularly established and licensed hospital or sanitarium.

(Code 1959, § 12-44)

It shall be unlawful for any person to massage or offer to massage the private parts of another for hire. "Massage" means any method of pressure on or friction against or the manipulation of body muscle by rubbing, stroking, kneading or tapping, by hand or mechanical or electrical device. "Private parts" means the penis, scrotum, mons veneris, vulva or vaginal area. The provisions of this section shall not apply to licensed medical practitioners, osteopaths or chiropractors, or persons operating at their directions, in connection with the practice of medicine, chiropractic or osteopathy.

(Code 1959, § 14-27.1)

It shall be unlawful for any person licensed under division 2 of this article to 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 under division 3 of this article, including periodic medical examinations by a licensed physician. Violation of this section shall be grounds for revocation of the license issued to such violator.

(Code 1959, § 12-36)

(a)

Every massagist shall post the license required by this article in his work area.

(b)

Every person licensed under division 2 of this article shall display such license in a prominent place.

(Code 1959, § 12-37)

Before the city council revokes a license issued pursuant to this article, or if the city council determines reasonable grounds exist to deny an application for a license pursuant to this article, the city council shall cause a written notice to be sent by certified mail to the licensee or applicant affected, at the address stated in the license or application. The notice shall advise the affected party of the right to appear before the city council, with or without legal counsel, at a stated time and place, for the purpose of presenting any evidence relevant to such revocation or denial, and for the purpose of hearing all evidence submitted and examining or cross-examining any person providing such evidence.

(Code 1959, § 12-38)

It shall be unlawful for any person to operate a massage business unless such person has first applied for and received the privilege license as provided by this division.

(Code 1959, § 12-34(a))

Every application for the privilege license prescribed in this division shall be upon a form approved by the city manager and shall be filed with the finance director. 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;

(3)

A complete statement of all convictions of any person whose name is required to be given in paragraph (1) above 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 paragraph (1) above;

(5)

A complete statement of any conviction of any person whose name is required to be given in paragraph (1) above, for violation of any statute, law, ordinance or regulation of any government concerning the operation of a massage business or 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 paragraph (1) above wherein the business or profession of massage is carried on;

(7)

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

(Code 1959, § 12-34(b))

The finance director shall transmit a copy of the application for a license under this division to the police department for an investigative report; to the inspections department to determine compliance with all zoning and building regulations and ordinances; and to the fire department to determine compliance with any law relating to fire protection. The police and fire departments and the inspections department shall, within a reasonable time, not to exceed forty-five (45) days, report the results of their examinations to the finance director.

(Code 1959, § 12-34(c))

An application for a license under this division in proper form, accompanied by all reports required by this division, shall be submitted to the city council, which shall approve such application if it 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 through 14-202.1 and 14-203 through 14-208, or of any federal statute 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;

(3)

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

(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.

(Code 1959, § 12-34(d))

Upon approval of an application under this division by the city council, and upon receipt of a one-hundred-dollar license fee, the finance director shall issue a privilege license to the applicant.

(Code 1959, § 12-34(e))

A license issued pursuant to this division is void if the licensee moves or ceases operating a massage parlor at the location required to be stated in the application for a license under this division.

(Code 1959, § 12-34(g))

A license issued pursuant to this division shall be revoked by action of the city council if the city council determines that:

(1)

The licensee has violated any provision of this chapter; or

(2)

The licensee, or any agent or employee 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 by division 2 of this article, or whose license under division 2 of this article 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 and 14-203 through 14-208, or of any violation of any law or ordinance of any governmental unit concerning or related to the business or profession of massage;

(4)

An employee of the licensee is convicted of any felony in connection with his or her employment, or is convicted of any crime involving sexual misconduct, including, but not limited to G.S. §§ 14-177 through 14-202.1, and 14-203 through 14-208, or of any violation of any law or ordinance of any governmental unit concerning or related to the business or profession of massage;

(5)

The licensee violates any zoning, building or fire prevention ordinance.

(Code 1959, § 12-34(f))

It shall be unlawful for any person to engage in the business or profession of massage unless such person shall have first applied for and received the privilege license provided in this division.

(Code 1959, § 12-35(a))

(a)

The application for the license required by this division shall be upon a form approved by the city manager and shall be filed with the finance director. Such 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 the previous business or occupation of the applicant for the two (2) years immediately preceding the date of application, including any massage establishment experience;

(3)

A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance;

(4)

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;

(5)

The date and place of the applicant's birth, the name of the applicant's parents, and the residence address or addresses of the applicant for the five (5) years immediately preceding the date of application.

(b)

The applicant shall submit, as part of the application required in subsection (a), the following:

(1)

Fingerprints of the applicant taken by the police department;

(2)

Two (2) recent photographs of the applicant's head and shoulders of a size and quality prescribed by the city manager;

(3)

A medical certificate signed by a physician, licensed to practice in the state, within seven (7) days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease.

Such additional information required by this subsection shall be provided at the applicant's expense.

(Code 1959, § 12-35(b), (c))

The finance director shall transmit a copy of the application for a license under this division to the police department for an investigative report. The police department shall, within a reasonable time, not to exceed forty-five (45) days, report the results of its investigation to the finance director.

(Code 1959, § 12-35(d))

An application for a license under this division in proper form shall be submitted to the city council together with all reports required by this division. The city council shall approve such application if the council determines that:

(1)

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

(2)

The application contains no misstatements 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 and 14-203 through 14-208; or of any federal statute relating to prostitution, or for 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 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 evidenced by the medical certificate required in this division;

(6)

The applicant has not been previously convicted of any violation of any provision of this chapter.

(Code 1959, § 12-35(e))

Upon approval of an application under this division by the city council, and upon receipt of a license fee in the amount established by ordinance, the finance director shall issue a privilege license to the applicant.

(Code 1959, § 12-35(f))

The city council shall have authority to direct that any person licensed under this section submit to a medical examination by a licensed physician approved by the city council. This authority shall be exercised only when the council 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 11-57. Notwithstanding the provisions of this section, every person licensed under this division shall file and continue to file with the finance director a new medical certificate with each application for renewal of the license prescribed by this section. Failure to file such updated certificates shall be grounds for revocation of such license.

(Code 1959, § 12-35(g))

A license issued pursuant to this division shall be revoked by action of the city council if the city council determines that:

(1)

The licensee has violated any provision of this chapter;

(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 city council pursuant to section 11-56, or has failed to file any medical certificate required by that section;

(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 14-203 through 14-208, or any federal statute relating to prostitution, or for violation of any law or ordinance of any governmental unit related to the business or profession of massage.

(Code 1959, § 12-35(h))