HomeMy WebLinkAboutORD-2009-131 - Text Modification to Orange County Massage Parlor OrdinanceoRD-aoo9-231. ~
Sec. 8-33. Licensing of massage business operators.
(a) No person shall operate a massage business unless such person shall have first
applied for and received the license provided by this section. A license issued pursuant to
this section is a privilege license issued to the applicant only and is not transferable.
(b) Every application for the privilege license prescribed in this section shall be upon a
form approved by the county manager and shall be filed with the clerk to the board of
commissioners. Every such application shall be made under oath and shall contain the
following information:
(1) If the applicant is:
a. A person, the name of the applicant, any aliases ever used by the applicant, the age,
the sex, social security number (optional) and past military identification number of the
applicant; the residence address of the applicant and the residence addresses of the
applicant for the ten years preceding the date of the application;
b. A partnership, corporation or association, the name, any aliases ever used, sex, social
security number (optional) and past military identification number, the residence address
and the residence addresses for the ten years preceding the date of the application
regarding each person having any legal or beneficial interest in such applicant;
(2) The address of the premises where the massage business shall be located;
(3) A complete statement of all convictions of any person whose name is required to be
given in subsection (b)(1) of this section of any crime involving sexual misconduct,
including but not limited to G.S. 14-177--14-202.1, G.S. 14-203--14-208, any section of
this article, any federal statute relating to prostitution, or any law or ordinance of any
governmental unit concerning the business of massage;
(4) A complete statement of any revocation, by any governmental unit, of any license
and the existence of any license to operate a massage business or to engage in the
business or profession of massage held or formerly held by any person whose name is
required to be given in subsection (b)(1) of this section;
(5) A complete statement of any conviction of any person whose name is required to be
given in subsection (b)(1) of this section for violation of any statute, law, ordinance or
regulation of any government concerning the operation of a massage business or the
business or profession of massage;
(6) The name and address of any massage business or other establishment owned or
operated by any person whose name is required to be given in subsection (b)(1) of this
section wherein the business or profession of massage is carried on; and
(7) A description of any other business to be operated on the same premises or on
adjoining premises owned or controlled by the applicant.
(c) The clerk to the board of commissioners shall transmit a copy of the application to
the sheriff s department for an investigative report. T'he sheriff shall conduct a DCI
criminal history of the applicant. The sheriff shall inform the clerk to the board of commissioners
of the results of the DCI inquiry. If after completing the investigation of the applicant using
the information obtained from the applicant required in subsection (b) of this section, the
sheriff shall deem it necessary to positively identify the applicant or any person having
any legal or beneficial interest in the applicant in order to confirm a fact necessary for the
applicant to be licensed, the sheriff shall present the information upon which he has made
this determination to one of the judges of the district court in the 15B judicial district. If
the judge shall determine, from the information presented by the sheriff, that there is
probable cause to believe that a fact revealed in the sheriff s investigation would
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disqualify an applicant from receiving a license under this article, the judge shall order
and authorize the sheriffto confirm that fact by the use of fmgerprints. When such an
order is issued, it shall be the added responsibility of the applicant or any person having a
legal or beneficial interest in the applicant to submit his fingerprints, taken by the sheriffs
department, as part of the application required in subsection (b) of this section. The clerk
to the board of commissioners shall also transmit a copy of the application to the
department of inspections to determine compliance with all zoning and building
regulations and ordinances. The sheriff s department in cooperation with the respective
fire district chief shall determine compliance with any law relating to fire protection. The
sheriffs department shall within a reasonable time, not to exceed 45 days, report the
results of its examinations to the clerk to the board of commissioners.
(d) An application in proper form, accompanied by all reports required by this section,
shall be submitted to the county manager, who shall approve such application if he
determines that:
(1) The application contains no misstatement of fact;
(2) The applicant, or any person having any legal or beneficial ownership interest in the
applicant, has not been convicted, for the five-year period preceding the date of the
application, of any crime listed in subsection (b)(3) of this section;
(3) The applicant conforms to all requirements of applicable zoning, building and fire
prevention codes; and
(4) The applicant or any person having a legal or beneficial interest in the applicant has
not, for the three-year period preceding the application, had a previously issued license
for engaging in the business or profession of massage revoked.
(e) Upon approval of the application by the county manager, and upon receipt of a
license fee set from time to time, the collector of revenue shall issue a privilege license to
the applicant. Permit approval shall lapse if the license fee prescribed by this section is
not received by the collector of revenue within 60 days of the date the application is
approved.
(f) A license issued pursuant to this section shall be revoked by action of the county
manager if he determines that:
(1) The licensee has violated any provisions of this article;
(2) The licensee, or any agent of the licensee, employs or permits to be on the premises
of the applicant's massage business any person practicing the business or profession of
massage who has not been issued a privilege license required by section 8-34 or whose
license under section 8-34 has been revoked;
(3) The licensee, or the legal or beneficial owner of any interest in the licensee, is, after
the license under this section is issued, convicted of any crime listed in subsection (b)(3)
of this section;
(4) Any employee of the licensee is, after the license under this section is issued,
convicted of any crime listed in subsection (b)(3) of this section;
(5) The licensee violates any zoning, building or fire prevention ordinance; or
(6) The licensee is guilty of fraudulent, false, misleading or deceptive advertising,
including the use of the term "massage" to describe, promote or advertise any type of
business activity or service prohibited by this article or is not massage as defined in this
article.
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(g) A license issued pursuant to this section shall be revoked by the county manager if
the licensee ceases for 30 consecutive days operating a massage business at the location
required to be stated in the application for license pursuant to subsection (b)(2) of this
section.
(h) Any person whose application for a license is denied by the county manager
pursuant to subsection (d) of this section or revoked pursuant to subsection (f) or (g) of
this section may appeal such decision to the board of commissioners. An appeal is taken
by filing written notice of such appeal with the clerk to the board of commissioners
within ten days following the date of the decision. The board of commissioners shall set
the appeal for hearing in the manner provided by section 8-37. The board may affirm,
modify or reverse the county manager's decision.
(Ord. of 11-4-1985, § 1-3, eff. 11-4-1985; Ord. of 3-20-1991, eff. 3-20-1991)
Sec. 8-34. Licensing of massage practitioners.
(a) No person shall engage in the business or profession of massage unless such person
shall have first applied for and received the license provided by this section. A license
issued pursuant to this section is a privilege license issued to the applicant only and is not
transferable.
(b) The application for the license required by this section shall be upon a form
approved by the county manager and shall be filed with the clerk to\the board of
commissioners. Such application shall be given under oath and shall contain the
following information:
(1) The name of the applicant, any aliases ever used by the applicant, the age, the sex,
social security number (optional) and past military identification number of the applicant;
the residence address of the applicant and the residence addresses of the applicant for the
ten years preceding the date of the application;
(2) A complete statement of the previous business or occupation of the applicant for the
two years immediately preceding the date of application, including any massage
establishment experience;
(3) A complete statement of all convictions of the applicant for any crime listed in
section 8-33(b)(3);
(4) A complete statement of any revocation of any license granted by any governmental
unit to the applicant to engage in the business or profession of massage; and
(5) The date and place of the applicant's birth and the names of the applicant's parents.
(c) The applicant shall submit, as part of the application required in subsection (b) of
this section, two recent photographs of the applicant's head and shoulders, of a size and
quality prescribed by the county manager. The information required by this subsection
shall be provided at the applicant's expense.
(d) The clerk to the board of commissioners shall transmit a copy of the application to
the sheriff for an investigative report. If after completing the investigation of the
applicant using the information obtained from the applicant required in subsection (b) of
this section, the sheriff shall deem it necessary to positively identify the applicant in order
to confirm a fact necessary for the applicant to be licensed, the sheriff shall conduct a DCI
criminal history of the applicant. The sheriff shall inform the clerk to the board of commissioners
of the results of the DCI inquiry. The sheriff shall then present the information upon which
he has made this determination to one of the judges of the district court in the 15B
judicial district. If the judge shall determine, from the information presented by the
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sheriff, that there is probable cause to believe that a fact revealed in the sheriff s
investigation would disqualify an applicant from receiving a license under this article, the
judge shall order and authorize the sheriff to confirm that fact by the use of fingerprints.
When such an order is issued, it shall be the added responsibility of the applicant to
submit his fmgerprints, taken by the sheriffs department, as part of the application
required in subsection (b) of this section. The sheriffs department shall within a
reasonable time, not to exceed 45 days, report the results of its investigation to the clerk
to the board of commissioners.
(e) An application in proper form shall be submitted to the county manager, together
with all reports required by this section. The county manager shall approve such
application if he determines:
(1) That the applicant is at least 18 years of age;
(2) The application contains no misstatement of fact;
(3)~ The applicant has not been convicted, for the five-year period preceding the date of
the application, of any crime listed in section 8-33(b)(3);
(4) The applicant has not, for the three-year period preceding the application, had a
previously issued license for engaging in the business or profession of massage revoked;
and
(5) The applicant has not been previously convicted of any violation of any provision of
this article.
(f) Upon approval of the application by the county manager, and upon receipt of a
license fee set from time to time, subject, however, to the provisions of section 8-41, the
collector of revenue shall issue a privilege license to the applicant. Permit approval shall
lapse if the license fee prescribed by this section is not received by the collector of
revenue within 60 days of the date the application is approved.
(g) A license issued pursuant to this section shall be revoked by action of the county
manager if he determines that:
(1) The licensee has violated any provision of this article;
(2) The licensee is, aver the license under this section is issued, convicted of any crime
listed in section 8-33(b)(3); or
(3) The licensee is guilty of fraudulent, false, misleading or deceptive advertising,
including the use of the term "massage" to describe, promote or advertise any type of
business activity or service prohibited by this article or is not massage as defined in this
article.
(h) Any person whose application for a license is denied by the county manager
pursuant to subsection (e) of this section or revoked pursuant to subsection (g) of this
section may appeal such decisions to the board of commissioners. An appeal is taken by
filing written notice of such appeal with the clerk to the board of commissioners within
ten days following the date of the decision. The board shall set the appeal for hearing in
the manner provided by section 8-37. The board of commissioners may affirm, modify or
reverse the county manager's decision.
(Ord. of 11-4-1985, § 1-4, eff. 11-4-1985; Ord. of 3-20-1991, eff. 3-20-1991)
All provisions of any County ordinance in conflict with this ordinance are hereby
repealed.
Effective date. This ordinance shall become effective upon adoption. Adopted the
day of August, 2009.
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The Board adopted a refund resolution, which is incorporated by reference, related to 39
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
d. Motor Vehicle Property Tax Release/Refunds for July 2009
The Board adopted a refund resolution, which is incorporated by reference, related to 79
requests for motor vehicle property tax releases or refunds in accordance with North Carolina
General Statutes.
e. Temporary Installations Made for the Elements (T.I.M.E.) Public Art Proiect at Cedar
Grove Park
The Board authorized .the Interim Manager to sign the Letter of Agreement with artist Cindy
Newport for the Temporary Installations Made for the Elements (T.I.M.E.) Public Art Project at
Cedar Grove Park upon final review by staff and the County Attorney.
f. Diabetes Self-Management Proaram Grant Funds
The Board accepted grant funds from Kate B. Reynolds Foundation in the amount of $202,532
to implement the Diabetes Self-Management Program in the Health Department for Orange
County residents and authorized the Chair to sign the grant ordinance.
& Land Application of Biosolids Regional Forum 2009
This item was removed and placed at the end of the consent agenda for separate
consideration.
h. Additional Seasonal Influenza Vaccination Funds
The Board accepted funding in the amount of $44,228.37 for the purpose of seasonal influenza
vaccinations in two public school systems and approved the corresponding budget amendment.
i. Agreements Between Chapel Hill Carrboro City Schools Orange County Schools and
Health Department for School Nurses
The Board approved the agreements between Chapel Hill-Carrboro City Schools, Orange
County Schools and the Health Department for nine school nurses and authorized the Chair to
sign.
L Agreement Renewal Between Health Department the UNC School of Dentistry and
UNC Hospitals for Dental Resident
The Board renewed the agreement between the Health Department and the UNC School of
Dentistry and UNC Hospitals for dental resident services and authorized the Chair to sign.
k. Report of Previously Approved Settlements
The Board received a report on the outcomes of previously approved settlements of legal
actions or claims.
I. State Required Modification to the Orange County Massage Parlor Ordinance
The Board approved text modifications to bring the Orange County Massage Parlor Ordinance
into compliance with North Carolina law.
m. Recognition of Rebecca B. Wall Within the New Orange County Main Library
The Board received the Naming Report/Request acknowledging the contributions of Rebecca
B. Wall; and stated its intent to consider adopting a resolution designating recognition of
Rebecca B. Wall in a prominent place within the local history area at the new Main Library at its
meeting on September 1, 2009.
n. Authorization to Purchase Wall Partitions and Carpet for Phase I Link Center
Renovation through NC State and/or GSA Contract
The Board authorized the Director of Asset Management and Purchasing Services to exceed
the position's current signature authority of $20,000 to purchase demountable wall partitions
and carpeting for phase one renovation of the John M. Link Center -through State Contract
and/or GSA vendors; and to execute documents needed to complete the purchase.
o. Driveway Reimbursement to Efland Volunteer Fire Department