Sec. 12-2-5. - Application for massagist license; administration of massages.
A license for a massagist, whether an initial license or a renewal of an existing license, shall be applied for from the city tax collector, and issued and held pursuant to the following provisions:
(1) License required. No license to engage in the business of administering massages shall be issued until an application therefor has been completed and filed with the city tax collector, and no massagist shall engage in the business of providing massages within the limits of the city until such license has been issued.
(2) Contents of application. The city tax collector shall provide to an applicant for a massagist license a form requesting the information specified in this section, which shall be completed and filed with the city tax collector by each applicant for such license, accompanied with payment of the applicable license fee. The application shall be executed under oath attesting to the truth and accuracy of the information contained therein. The application shall request of the applicant the following information:
a. The kind of license requested.
b. The name of the applicant.
c. The location where the applicant proposes to administer massages and solicit patrons, and the telephone number at such location. If the applicant intends to engage in business or administer massages at more than one location, the addresses of such additional locations shall be specified if the applicant intends to or has previously administered massages at such locations on more than two occasions during a calendar year. If the applicant intends to administer a massage at locations to be identified by patrons which are presently unknown to the applicant, a specific statement to that effect shall be set forth.
d. The legal name of the applicant for the license.
e. The addresses of any residences of the applicant within the 90 days preceding the date of the application, including the current home address of the applicant and his telephone number and the length of time that the applicant has been a resident of such address.
f. A health certificate issued not less than 15 days prior to submitting such application, to be attached to the application.
g. The social security number of the applicant.
h. The names and addresses of all massage parlors or massage establishments in which the applicant has been employed for the preceding two years.
i. Disclosure as to the applicant of all final convictions occurring within five years of the date of such application of any federal or state offense which is a felony, or any misdemeanor offense of sodomy or unnatural intercourse, lewdness, soliciting, procuring or keeping an assignation house and engaging in prostitution, possessing, purchasing or selling dangerous drugs, simple or aggravated assault, or any crime embraced within the generic terms of obscenity or pornography. If such conviction is disclosed, the disclosure shall specify the nature of the crime, the name of the person so convicted, the date of conviction and the jurisdiction in which the conviction was entered.
j. A statement that the applicant acknowledges that pursuant to this article the city shall have the power and authority to conduct an independent inquiry or investigation as to the information provided pursuant to subsection (2)i. of this section, and that, if such inquiry or investigation reveals any dispute as to the accuracy or completeness of such information, the city has the authority to require the applicant to provide a recently made photograph and fingerprinting of the applicant, and that the applicant shall be required to provide such photograph and fingerprinting to the city upon the request of the city tax collector prior to a final decision being made as to approving or denying such license.
k. The name, address and telephone number of the owner of the real property on which the massages will be administered, if the information provided pursuant to subsection (2)c. of this section is not for a massage parlor or massage establishment, so that the party may be located if necessary by any city employee or official during day or evening hours.
l. A photostatic copy of a diploma of graduation from a school, as an exhibit attached to the application. Such diploma must be representative of the fact that the applicant attended a course of study of not less than six months, wherein such course of study consisted of a curriculum of physical culture, massage, hydrotherapy, electrotherapy and hygiene. If such applicant does not have such diploma, the applicant must attach a transcript from an accredited educational institution demonstrating the completion, with passing grades, of courses of instruction of physical culture, massage, hydrotherapy, electrotherapy and hygiene, or must have had an apprenticeship and practical experience for a period of not less than two years in a regularly licensed massage or physical culture establishment in which the applicant has received training and experience in physical culture, massage, hydrotherapy, electrotherapy and hygiene, the application to specify the name and address of such establishments from which the applicant has obtained such training and experience, with the periods during which such training was received, and the nature of such training.
(3) Administration of massages. Any massagist administering a massage pursuant to a license issued as required by this article shall comply with the substantive provisions and regulations of the following subsections of section 12-2-4: (1), (3), (4), (5), (6), (7) and (8). Any reference in such subsections to a massage parlor or massage establishment shall apply to the massagist in the manner of conduct or performance in the administration of any massage.
(4) Change in information on application. The holder of any license issued pursuant to this section shall, within seven days from the occurrence of any event which causes a change in the information provided pursuant to subsection (2)c. or h. of this section, transmit such information in writing to the city. Such transmittal shall specify such changed information in accordance with the provisions of such subsections in the same manner as if such information were specified in a license application.
(5) Nature of license. A license as provided for in this section shall be issued only to an individual.
(Code 1959, § 11A-25)