Ordinance Book 14 - Charlotte, North Carolina

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December 12, 1966Ordinance Book 14 - Page 454ORDINANCE NO.570AMENDING CHAPTER 6I AN ORDINANCE LICEI.JSING AND REGULA TING MASSAGE PARLORS,HEALTH SALONS AND SIMILAR ESTABLISHMENTS. -BE IT ORDAINED by the City Council of the City of Charlotte, North Carolina:Section I.Chapter 6 of the Code of the City of Charlotte is hereby amende'dby idding a new article, to be designated Article V, as follows:"ARTICLE V.Sec'. 6-45.MASSEURS, MASSAGE PARLORS, HEALTH SALONSPurpose of article.To protect the general health, safety, welfare and morals, the followinglicensing provisions hereinafter specified are ordained for the privilege of carrying on the business, trade or profession of masseur or masseuse and for theoperation or carrying on of the businesses, trades or professions commonly knownas assage parlors, health salons, physical culture studios, clubs or establish,me ts, or similar establishments wherein physical culture, massage, hydrotherapy or other physical treatment of the human body is carried on or practiced.Th'l provisions of this article shall-not apply to a regularly established and licensedhospital, sanitarium, nursing horne or medical clinic, nor to the office or clinicopefr'ated by a duly qualified and licensed medical practitioner in connection withhis Ipractice of medicine, provided, however, that such office or clinic is regularlyuser- by such medical practitioner as his principal location for his practice ofmedicine; nor shall the provisions of this article apply to health club activities loftheiYoung Men's Christian Association or the Young Women's ChristianAssoci tion; nor shall the provisions of this article apply to duly licensed barber shoplsand beauty shopsSec. 6-46.Application for license.Any person desiring to engage in the business, trade or profession of masseuror :/nasseuse or the operation or carrying on of any of the businesse.s,. trade s,pro essions, occupations or callings mentioned in Section 6-45 shall, before engagingiin such business, trade, profession, occupation or calling, file an applicatif nforla license addressed to the mayor and the city council. Such application shallbe in writing and shall set forth the following;(a)Name and address of applicant;(b)Name and address of any person having previously employed theapplicant for a period of two years or longer;(c)If such applicant be a corporation, the address or addresses of suchcorporation as well as the name s and addresses of the agents andemployees of such corporation for a period of two years immediatelyprior to the filing of such application;(d)Qualifications must be plainly stated and must be submitted togetherwith required exhibits annexed to said application;(e)A certificate as to the good moral charik. :t!O :r:;o,i;.tb.e applicant, signedby three currently qualified and registere liv ·of the city, Suchletters shall not be required for annual renewals of licenses issue j.hereunder.(f)Should the applicant be a cOr'?oration, such corporation shall alsqsubmit with said application a certificate, exe cuted as des cribe.d 'i,l;lsubsection (e) above, as to the good moral character of and agents of said corporation who are actually enga m-such bw;i'ne:ssfor said corporation.

December 12, 1966Ordinance Book 14 - Page 455-2-Sec. 6-47.Qualifications of applicant for license . An applicant hereunder, prior to making application for a license, must havethe following qualification:(a)The applicant may be male or female and must be of good moralcharacter, and in case the applicant is a corporation, such corporationmust be created in or domesticated by the laws of this state.(b)Such applicant must furnish a health certificate of a medical doctorwhich shall accompany such application as an exhibit. Should theapplicant be a corporation. it shall furnish such certificate to coverits agents or employees who will be actually engaged and working undel;said license; provided further, that employees who begin work following the original issuance of license under this article shall likewiseobtain such health certificates, which certificates shall be furnishedto the city police department.(c)Such applicant must furnish a photostatic copy of a diploma of graduation from a school as an exhibit with said application. Such diplomamust be representative of the fact that such applicant attended a courselof study of not less than six months, wherein such coul'se of studyconsisted of a curriculum of physical culture, massage, hydrotherapy,electrotherapy, hygiene, health service management and other suchsubjl'cts " . If such appli ;:ant should be, a corporation, then the employeeor agent of the corporation, who isto be the manager of the establishIrlKnt, must fUl;nish a photostatic copy of a, diplocma of g:t;.aqu, ;-tioIl, a,s .'set forth above .(d)In.the event such applicant should not have. !;uchdip cll:na;, tru,ntheapplicant must have had an. apprenticeship and :practi'c ie'Fp t;i nce:for a period of not less than two yearsill,.a.regularly.li!"ensed massageor physical culture studio in which the applicant has received training'aIlq, experience in,pl)ysical culture, J:llas sage, '. hydrotherapy"elec!rotheraPY, hygil'ne, health service rnallagement, and other sUch, ub"'jec s . If :the applicant should .1:e a c.orporation, and if the agent or·employee who is to be the manager ofsaid es ablishment does,1pt.lla,,:e such. diploma, then such managermust:have had ,the ,apprentice .ship. and practical experi"nce asset forth above . The applicant ,,, or the manager in the event the applicant is acorporation. must furnish with such application an affidavit ofprc:viousemployment, ogether with .an affidavit of the persons ,under wh()m such apprentice ship or practicai experience was obtained,sPeci ying that .the applicant hassatisfieq the.aboverequirements .Sec. 6-48 . lss\lance ·of license .If such, applicatioJ). is: submitted in proper form alld is approved.hy the citycOc1ncil, thenthe collectorrevenue is authorized'to issue a bUsine s license -.'' , , to such applica.l'lt.ofSec. 6-49.c Applicability of other licensing provisions.!'. The general business licensing provisions ascqntaine inChapte)" 11 shallalso apply:to persons or,pa ties,1icensed under this article.Sec. 6-5P".:A,uthority to ernploy,train p.oxso,meI.Any,applicant granted alice sehe'reu der shaHha'''. the authority to,trainmasseur" " ' r ' ,1T.I: s:seuses ., nd";r :thei , s perv siqn in. thei!" st,udio o -est b.lish ment, pl'Clv.it:1ed that the licensee shall furnish to the police department aLthe

December 12, 1966Ordinance Book 14 - Page 456- 3-city, there to be kept by such department, a health certificate of such employeefrdm a medical doctor.Sec. 6-51.Nam.es of em.ployees to be filed with chief of police.It shall be the duty of all persons holding a license hereunder to file withthei chief of police of the city the nam.es of all employees, their hom.e addresses,hOrPe telephone num.bers and places of employm.ent. Changes in the list ofem. loyees with the names of new employees must be filed with the chief of policewit;t in seven days from the date of any such change.Sed. 6-52.Records to be kept by licensee.It shall be the duty of any person granted a license hereunder to m.aintaincorrect and accurate records of the nam.es and addresses of the persons receiviing treatm.ent at said establishm.ent, the type of treatm.ent administered, andthel name of the person of the establishment adm.inistering said treatment. Saidrecords shall be subject to inspection at any time by any m.ember of the policedepartm.ent of the city.Seq. 6-53.Revocation of license.Whenever in the opinion of the chief of police of the city there is good causeto revoke a license acquired hereunder, a written notice of intention to revoke isuqh license shall be furnished the holder thereof by registered or certifiedma,H not less than ten days prior to the date set for hearing before the chief ofpoJ.lice of the city, at which tim.e the holder of the license may appear and behe rd in answer to the com.plaint made by the chief of police. After such hearingl, the chief of police shall report his recommendation to the m.ayor and thecity council who shall thereupon be authorized to revoke such license, if inthe r sound discretion it is in the best interests of the health, safety, welfareor porals of the people of the city.Seq. 6-54.Hours of operation.No masseur or m.asseuse or any person or party engaging in any of thebusinesses licensed by this article shall engage in such business, trade,profession, occupation or calling except within and between the hours of 8:00o'clock A. M. and 10:00 o'clock P. M.; nor shall any operator of a m.assagepador or establishm.ent or business above enum.erated operate the sam.e exceptwit in and between the aforesaid hours. Violations of this section shall beco sidered under this Code as an offense and persons found guilty of suchvio ations shall be punishable within the general limits of punishments as setfor h herein.Sec. 6-55.Treatment of persons of opposite sex.(a) Restricted. It shall be unlawful for any person holding a license underrthis article to treat a person of the opposite sex, except upon the signed order Ma Hcens ed physician, osteopath or registered physical therapist, which ordershall be dated and shall specifically state the num.ber of treatments, not toexqeed ten. The date and hour of each treatlnent given and the nam.e of theop rator shall be entered on such order by the establishment where such treatmer ts are given and shall be subject to inspection by the police at any time.Th requir ements of this section shall not apply to treatm.ents given in theredidence of the patient, the office of a licensed physician, osteopath or regis'tered physical therapist, or in a regularly established and licensed hospital orsanitarium.

December 12, 1966Ordinance Book 14 - Page 457-4-(b) Scope of article. A person who applies manual or mechanicalmassageior similar treatm "t't 'the human trunk or limbs shall be deemed, within theterms of this article, a "masseur '! or Ilmasseuse".Sec.' 6.-56.Patronage of massage parlors by minors.(a) Restricted. It shall be unlawful for any person under the age of twenty,one ,(21) to patronize any massage parlor or similar establishment licensedhereunder unless such person carries with him at the'.time of such patronage awritten order directing the treatment to be given signed by a regularly licensedphysician.(b) Duty of operator. It shall be the duty of the operator of such massageparlor or similar establishment licensedlhereunder to determine the age of theperson patronizing such establishment and a violation of this section shall begrounds for revocation of the license of such establishment.Sec. 6-57.Massages by unlicensed persons.Massages may be given by persons not'holding alicense as masseur ormasseuse provided such mas sages are given under the direct supervision of aperson having a license as a masseur or masseuse, and further provided that aperson holding a license as a masseur or masseuse shall be in the same roomwhere the massage is being administered during the entire time of the giving ofthe aid massage.Sec. 6-58.Applicability.The provisions of this article with respect to the originaL issuance of licenseshan not apply to those businesses, trades, professions, occupations, orcaillngs enumerated above who have been regularly licensed by the city andhave' been engaged in business in the City for a period of three years or moreprior to the adoption of this article; provided, however, that the remainingprovisions of this article shall apply to all such businesses. trades, professionsoccupations, or callings from and after the date of the adoption of this article."Section 2.This ordinance shall become effective upon'its adoption.APP'1oved as to form:City iAttorneyRead, approved and adopted by the City Council of the City of, Charlotte, Nor hCarolina . in meeting on the l,2th day of December f 1966, the yeference havingbeen made in Minute Book 48, at Page 53, and recor.ded in full in OrdinanceBook 14, at Page 454.Ruth ArmstrongCity Clerk

45 12, 1 '?:::: 6Jec ercG:Y2[O di nceBook 14 -ORD nA 'JCE NO 571-XAN ORDIN·Ar1CS TO ANEND ORDINANCE NO 498-X, THE 1966-67 BtJDGET ORDINANCE,TEE T AI SFER OF A PORTION OF TEE GEEERAL FUND CONTINGENCYATJ HORIZINGAPP20PRIA7IOl'J.BE IT ORDAINED by the City COClflcil of the City of Charlotte,l\JorthCarolina Section 1.That 3,500 of the General Fund CClTItiLgency- Appr9-priation is herebY transferred to the appropriations rr:ade in the 1955-E.7Budget Ordinance for Engineering - Streets p said amount then to be -usedfor the pu:;:"pose of replacing the sidevJalks surroundir:.g the Ed1t!in 'Io: \TersHODsing Project.Sectio:l2 That this orcii;.;.ance sha.ll become effective1.lPOil.its adoption.Approved as to form:J.H Ki serAttor leyCityJ: v h :; :OTTh C olin ,1 ?C::,'3finCi"t" Cit- Council :JT tiles2ssic)TL COTLVe:iS8. on-th,,,, 12 :::h ch-t::l·3 Y'S:e,2:::-e 1:tC2;:)2e'J:l m .:J.·::Ie l:l, l':.in ,t,eB, ")okO 6in Dce4.:)(:'full inSoak 14,J. " tilCi .!c,c Cls,de4,?tcfChLT ,, t-!:-.eJc,f Jsc.::"CrJ e E.":i.r::I :record.ed i1'.f

J2cem:':;2 ,:-45H12" lS:GGO din cs B ok14 -P ge459ORD INAt'JCE NO. 572 -XAN ORDINANCE TO Al,1END ORDINANCE NO 498-X, THE 1966-67 BlJDGET O]DINANCE gQUTHORIZING 'YtIE TRJl.JJSFER OF A PORTION 0 F THE GENE ctAL F1JND CONTINGENCYAPPROPRIATION"BE IT ORDAINED by the City Council of the City of Charlotte,NOTth Carolina:Sectionl That 3,900 of the General Fund Contingency Appropria-tion is hereby transferred to the appropriations made i:.1 the 1966-67budget ordinance for Engineering - Streets, said &'11ount there to be ttsedthe purpose of providing a tempoTary side1\1"alk approximately 540 feet inlength on the aorth side of CommortttJealth Avenue betvJeen Hilroy Drive andBriarCTsekRoad ,Section 2.That this ordinance shall become ef ecti YB 1J.pon itsa.doption.Approved as to form:J Til.KiserCi ty Attorneyin res"uL.:.Y s2ssion :;. nven'2cI OIL the 12tlL etathe .T:2fsrenc8 :; l :: .been E,j,d2 in iE'". .t'2- ·30:·) :::: 4'::,TlC full in Qrdin nce 300k 14, t 59.J'2C'2::L:: '2T "-L\J'o:cth G,-;.::olin::'J':.)f19,( ,,'( eC':Yi :18d.RC( ;t "1 }"u:-::; st! 0::[(:;-'Clerkin

December 12, 1966 Ordinance Book 14 - Page 454 ORDINANCE NO. 570 AMENDING CHAPTER 6 I AN ORDINANCE LICEI.JSING AND REGULA TING MASSAGE PARLORS, HEALTH SALONS AND SIMILAR ESTABLISHMENTS. -_ BE IT ORDAINED by the City Council of the City of Charlotte, North Carolina: Section I. Chapter 6 of the Code of the City of Charlotte is hereby amende'd