Chapter 50 - Massage Parlors

This Chapter shall apply to all unincorporated areas of Henderson County and to those incorporated areas of any city or town specifically requesting its enforcement by Henderson County upon the consent of the Henderson County Board of Commissioners. (In making such a request, the city or town must comply with the requirements of N.C.G.S. 153A-122.)

1. The following terms are defined for purposes of this Chapter:
   
   1. Board of Commissioners - The Board of Commissioners of Henderson County.
   2. Health Director - The Health Director of Henderson County or his authorized representative.
   3. Massage - The rubbing, manipulation and/or kneading of parts of the human body, whether manually or mechanically.
   4. Person - Any individual, firm, organization, partnership, corporation or company.
   5. Premises - A building, structure, tent, manufactured home or other enclosed space where a person is engaged in the business of giving massages.
   6. Sheriff - The Sheriff of Henderson County or any of his duly appointed deputies.
   7. To engage In the Business of Giving Massages - To perform massages for hire.
2. Masculine pronouns include the feminine.

Any person desiring to commence or to continue to engage in the business of giving massages, or to permit or continue to permit any person to engage in such business in premises owned or leased by him or in his possession, must first obtain a license from Henderson County. Licenses shall be issued by the County through the Health Director subject to the following rules and regulations:

1. Two types of licenses shall be issued, premises licenses and personal licenses.
   
   1. A premises license shall be required of the owner, lessee or person in possession of premises wherein massages are performed for hire.
   2. A personal license shall be required of each individual who is engaged in the business of giving massages, whether or not such individual is the employee of the holder of a premises license or is himself the holder of a premises license. Such individual must be at least 18 years of age.
2. Application for either type of license shall be in writing, addressed to the Health Director, and accompanied by an application fee of $10. Checks shall be made payable to the order of Henderson County and will be accepted subject to collection.
3. Application for a premises license shall describe the premises and shall designate an individual at least 18 years of age as manager of the premises. If the application is allowed, the premises license shall be granted in the name of the owner, lessee or person in possession of the premises and shall specifically name the person designated as manager, which person shall be responsible for compliance with this Chapter as though he or she were the licensee.
4. Application for a premises license shall set out the names and residence addresses of the individuals who will actually perform massages on the premises. Each such individual must be the holder of a personal license issued pursuant to this Chapter.
5. Application for personal license must set out the present residence address of the applicant, together with all previous residence addresses of the applicant during the 5 year period immediately preceding the date of the application. Such application must be accompanied by letters from 2 individuals attesting to the good moral character of the applicant and by the certificate of a licensed physician attesting that the applicant is free of communicable disease. Said letters and certificates must be dated within 10 days of the date of the application.
6. Application for a premises license must set out the present residence address of the individual designated as manager and all previous residence addresses of said individual during the 5 year period immediately preceding the date of the application. The application must be accompanied by letters from 2 individuals, dated within 10 days of the application, attesting that the individual designated as manager is a person of good moral character.
7. Upon receipt of an application for a premises license, the Health Director, if satisfied as to the correctness and sufficiency of the information contained in the application and as to the moral character of the individual designated as manager, shall issue a County license to the applicant, permitting the designated premises to be used in the business of giving massages by persons holding personal licenses issued pursuant to this Chapter.
8. Upon receipt of an application for a personal license prescribed by this Chapter, the Health Director, if satisfied as to the correctness and sufficiency of the information contained in the application and as to the moral character of the applicant and that the applicant is free of communicable disease, shall issue a County license, permitting the applicant to engage in the business of giving massages at premises licensed pursuant to the provisions of this Chapter.
9. If any application for license is denied, the applicant may appeal to the Board of Commissioners, and the applicant shall be afforded an opportunity to appear and be heard. Upon appeal, the Board of Commissioners may refuse to authorize the issuance of a license unless it shall be satisfied that all of the requirements of this Chapter have been met and, specifically, that the designated manager (if a premises license) is a person of good moral character or that the applicant (if a personal license) is a person of good moral character and free of communicable disease.
10. It shall be unlawful for any person willfully to make a false statement in an application for a premises license or a personal license pursuant to this Chapter.

It shall be the duty of each holder of a premises license issued pursuant to this Chapter to file with the Health Director and with the Sheriff a list showing the names of all holders of personal licenses who are engaged in the business of giving massages at the premises designated in such premises license. The holder of a premises license shall not permit any holder of a personal license to engage in the business of giving massages on the premises without first filing with the Health Director and with the Sheriff the name of the holder of such personal license. Failure of the holder of a premises license to comply with this section shall constitute grounds for revocation of the premises license.

If any individual designated as manager in a premises license shall cease to serve as such manager, said license shall be suspended and returned to the Health Director until such time as the owner, lessee or person in possession of said premises shall designate another individual as manager and shall supply the documentation required by § 50-3F of this Chapter as to such new manager. If the Health Director (or Board of Commissioners in case of appeal) shall be satisfied as to the moral character of the new manager, the premises license shall be revised to show the name of the new manager and shall be returned to the owner, lessee or person in possession of the licensed premises.

It shall be the duty of each holder of a premises license hereunder to maintain correct and accurate records of the names and addresses of the persons receiving massages on said premises, the name of the person administering such massage and the date and hour of each such massage. Said records shall be subject to inspection by the Health Director and/or by the Sheriff during hours of operation of any premises licensed pursuant to this Chapter. Failure to maintain the records required by this section shall constitute grounds for revocation of license.

1. It shall be unlawful for the owner, lessee or person in possession of any premises willfully to permit the same to be used for business purposes by any person engaged in the business of giving massages, unless such owner, lessee or person in possession shall be the holder of a currently valid premises license as required by this Chapter, which license is conspicuously displayed upon said premises.
2. It shall be unlawful for any person to engage in the business of giving massages unless such person shall be the holder of a currently valid personal license as required by this Chapter, which license is conspicuously displayed upon the premises where such business is carried on.
3. It shall be unlawful for any person holding a personal license under this Chapter to perform a massage for hire upon 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 massage treatments, not to exceed 10.

It shall be unlawful for the holder of a personal license to engage in the business of giving massages, and it shall be unlawful for the holder of a premises license to permit the licensed premises to be used for any such business, except within and between the hours of 8:00 a.m. and 10:00 p.m.

It shall be unlawful for the holder of a personal license issued pursuant to this Chapter to perform massage for hire upon any person under the age of 18 years, unless such person under the age of 18 years submits a written order directing the massage to be performed and bearing the original signature of a licensed physician, osteopath, chiropractor or registered physical therapist. Such written order shall be retained by the person performing the massage as evidence of authority to do so. It shall be unlawful for the holder of a premises license issued pursuant to this Chapter to willfully permit said premises to be used by the holder of a personal license for the massage of any person under 18 years of age in violation of this section. It shall be the duty of the holder of the premises license to determine the age of each person massaged on the premises, and it shall be the duty of the holder of the personal license to determine the age of each person massaged by him or her.

Misdemeanor. The violation of any provision of this Chapter shall be a misdemeanor and any person convicted of such violation shall be punishable as a misdemeanor as provided in N.C. Gen. Stat. §14-4.

Whenever the Health Director shall have good cause to believe there exist grounds for revocation for any license issued pursuant to this Chapter, he shall submit a written recommendation of revocation to the Board of Commissioners and by registered mail shall forward a copy of his recommendation to the licensee. The recommendation shall state the specific grounds for the revocation of the license. Prior to the revocation of any license by the Board of Commissioners, the licensee shall be given an opportunity to appear and to be heard, to answer any charges and to present any contrary evidence or witnesses.

Each license issued pursuant to this Chapter shall be for 12 months and shall expire on the 30th day of June each year. If a person receives a license after the first day of July of any year, such license shall be effective only through the next June 30.

1. None of the provisions of this Chapter shall apply to a regularly established and licensed hospital, sanitarium, nursing home or medical clinic, nor to an officer or clinic operated by a duly qualified and licensed physician, osteopath, chiropractor or physical therapist in connection with his regular practice (provided, however, that such office or clinic is regularly used by such physician, osteopath, chiropractor or physical therapist as his principal location for the practice of his profession) nor to the giving of massages for hire in any of said places.
2. Persons who have completed an approved course of study in massage shall, upon approval of the Health Director, be exempt from the requirements to obtain a personal license in order to administer massage. The Health Director shall review documentation of completion of the course of study in massage and determine exception to the provisions of this Chapter requiring a personal license.