§ 5-198. Massage parlor or establishment license.

(a)

Licenses for a massage parlor or massage establishment, whether for an initial license or a renewal of an existing license, shall be applied for and issued pursuant to the provisions of this section.

(b)

No license to engage in the business of operating a massage parlor or massage establishment shall be issued until an application therefor has been completed and filed with the city clerk, and no massage establishment shall engage in the business of providing massages within the limits of the city until such license has been issued.

(c)

The city clerk shall provide to an applicant for a massage establishment license a form containing the information as hereinafter specified which shall be completed and filed with the city clerk by each applicant for such license to be 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:

(1)

The kind of business to be operated.

(2)

The name of the business.

(3)

The location where the business is proposed to be carried on and the telephone number at the location.

(4)

The legal name of the applicant for the license. If the applicant is a corporation, the date upon which such corporation was registered pursuant to the laws of the state, the name of its registered agent, the address of its registered office if the same is different from the address of the location of the business. If the business is not a corporation, the names, home addresses and home telephone numbers of all persons having an ownership interest in such business.

(5)

The addresses of any residence of the applicant within the ninety (90) days preceding the date of the application.

(6)

The home address of the applicant and his telephone number and the length of time which the applicant has been a resident of such address.

(7)

The social security and federal employer's identification number of the applicant.

(8)

The names and addresses of all massagists to be employed or presently employed by the applicant with a health certificate issued not less than fifteen (15) days prior to submitting such application to be attached to that application for each listed massagist.

(9)

Names and addresses of all persons or legal entities owning and/or controlling the applicant including but not limited to all partners, principals, or managers, and also if the applicant is a corporation then the officers, directors, and shareholders holding at least ten (10) percent of the stock of the corporation.

(10)

Disclosure as to all employees of the applicant and any and all partners, managers or principals of the applicant and also in the event the applicant is a corporation, all officers, directors or stockholders holding ten (10) percent or more of the capital stock of the applicant specifying all final convictions occurring within five (5) 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 such conviction was entered.

(11)

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 above provided and that if such inquiry or investigation reveals any dispute as to the accuracy or completeness of such information, the city, through the city clerk, has the authority to require the applicant to provide a recently made photograph and fingerprinting of the person about whom such information is disputed, and the applicant shall be required to provide such to the city clerk upon the request of that official prior to that official making a final decision as to approving or denying such license.

(12)

The names and residential telephone numbers and addresses for the last year of all proposed or present employees of the massage establishment for which such application is being made.

(13)

The name, address and telephone number of the owner of the real property on which the massage establishment will be located so that such party may be located if necessary by any city employee or official during day or evening hours.

(d)

The holder of any license issued pursuant to this section shall within seven (7) days from the occurrence of any event which causes a change in the information provided in subsection (c)(8), (9), and (10) transmit the same in writing to the city clerk. Such transmittal shall specify such changed information in accordance with the provisions of such subsections in the same manner as if such information was specified in a license application.

(e)

The license issued pursuant to this section shall be valid only at the location specified in the license as issued. Any change in the location of the massage parlor or massage establishment other than by ceasing business at a location shall require the filing of an application for a license pursuant to the requirements of this section. In the event such application is filed for the purpose of changing the location of the massage parlor or massage establishment without adding thereto any total number of locations in excess of those for which the applicant presently holds a license, no additional license fee for the calendar year in which the massage parlor or massage establishment holds a valid license pursuant to this section shall be charged except that the city clerk may impose a processing charge of twenty-five dollars ($25.00) per application in such event.

(Code 1963, § 16½-3)

State law reference

Before whom oaths may be taken, Miss. Code Ann. 1972, § 11-1-1; office and agent of corporations, Miss. Code Ann. 1972, § 79-4-5.01 et seq.