50-3. License Required; Application Requirements

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.