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HomeMy WebLinkAboutAgenda - 06-19-2012 - 5qORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 19, 2012 Action Agenda Item No. SUBJECT: Amendment to the Orange County Code of Ordinances Regarding Massage Regulation DEPARTMENT: County Attorney PUBLIC HEARING: (YIN) No ATTACHMENT(S): 1) DRAFT — Chapter 8 Article 11 2) Adopting Resolution INFORMATION CONTACT: John Roberts, 245 -2318 PURPOSE: To consider amending the Orange County Code of Ordinances related to the regulation of massage practitioners and businesses. BACKGROUND: Prior the codification of the general ordinances into the Orange County Code of Ordinances ( "Code "), several individual ordinances were identified for revision. One of those ordinances is now found in Chapter 8, Article II of the Code (Regulation of Massages and Massage Establishments). Currently if a person wishes to apply to perform massages in Orange County, the individual they must apply to the Clerk to the Board ( "Clerk "), and the Clerk forwards the application to the Sheriff who conducts an investigation. The Sheriff returns the application and investigation results to the Clerk who then forwards the application and investigation materials to the County Manager. The Clerk initially raised the issue that because of the disjointed nature of the application process, and suggested that it may be best to request that the Sheriff conduct the full application process from start to finish. The County Attorney discussed the issue with the Sheriff who expressed a willingness to conduct the full application process so long as certain changes were made to the ordinance. The most significant changes to the ordinance are as follows: Section 8- 32(b): changes language to licensed "by" the State of North Carolina. Section 8 -33: authorizes the Sheriff to obtain fingerprints as needed without first securing judicial approval. Section 8 -34: contains the same fingerprint provision as 8 -33. Provides such fingerprints may not be utilized in any U.S. Customs and Immigration Enforcement program. Also requires applicants to be licensed by the North Carolina Board of Massage and Bodywork Therapy. Section 8 -36: requires the posting of the massage license granted by the ordinance as well as the certificate or license issued by the North Carolina Board of Massage and Bodywork Therapy. The ordinance leaves in place the appeal provisions. Any appeal of the Sheriff's determination on an application is heard by the Orange County Board of Commissioners. FINANCIAL IMPACT: There is no financial impact to the County associated with the amendment of the Code of Ordinances. RECOMMENDATION(S): The Manager recommends that the Board: 1) Adopt and authorize the Chair to sign the Resolution Amending Chapter 8, Article II of the Code of Ordinances of Orange County; and 2) Authorize staff to make any typographical or other non - substantive corrections as may be needed prior to and during the process of submission of the amended ordinance to Municode. 09 D -a0131 - oa4 PART I - GENERAL ORDINANCES Chapter 8 - BUSINESSES ARTICLE II. - MASSAGES AND MASSAGE ESTABLISHMENTS ARTICLE II. - MASSAGES AND MASSAGE ESTABLISHMENTS [9] cs) State Law reference— Adult establishments, G.S. 14- 202.10 et seq. Sec. 8 -31. - Definitions. Sec. 8 -32. - Scope. Sec. 8 -33. - Licensing of massage business operators. Sec. 8 -34. - Licensing of massage practitioners. Sec. 8 -35. - Employer to use only licensed employees. Sec. 8 -36. - Posting of license. Sec. 8 -37. - Notice and hearing. Sec. 8 -38. - Hours of operation. Sec. 8 -39. - Patronage of massage businesses by minors: employment of minors. Sec. 8-40. - Massage of private parts. Sec. 8-41. - Privilege license annual. Sec. 8-42. - Remedies. Sec. 8-43. - Severability. Sec. 8 -44. - Effective date. Secs. 8- 45 -8 -60. - Reserved. Sec. 8 -31. - Definitions. Unless the context clearly indicates otherwise, the following terms shall have the respective meanings ascribed to them: Business or profession of massage: The massage or treatment of any person for a fee or in expectation of a gratuity from the person massaged. Massage: The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, applied by hand, arm, foot or mechanical device. Massage business: Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios and massage parlors. Massage practitioner. Any person engaged in the business or profession of massage. (Ord. of 11 -4 -1985, § 1 -1, eff. 11-4 -1985) Cross reference— Definitions generally, § 1 -2. State law reference— Similar definitions, G.S. 14- 202.10. Sec. 8 -32. - Scope. (a) The therapeutic application of massage is one of the oldest healing arts known to humankind; a practice which can provide many benefits to an individual's state of well- being. To protect public health, Orange County, North Carolina, Code of Ordinances Page 1 of 9 PART I - GENERAL ORDINANCES 4 Chapter 8 - BUSINESSES ARTICLE 11. - MASSAGES AND MASSAGE ESTABLISHMENTS safety, welfare and morals, the following privilege license provisions and regulations are ordained for the privilege of carrying on the business, trade, or profession of massage practitioner and for the operation or carrying on of the businesses, trades, or professions commonly known as massage clinic, massage parlor, health salon, health club, physical culture studio, or similar establishment wherein massage or physical manipulation of the human body is carried on or practiced. (b) The provisions of this Ordinance shall not apply to: (1) Regularly established and licensed hospital, sanitarium, nursing home, nor to an office or clinic operated and regularly used by a duly licensed physician, surgeon, osteopath, chiropractor, physical therapist or podiatrist in connection with the practice of medicine, chiropractor, osteopathy, physical therapy or podiatry; (2) Physicians, surgeons, chiropractors, osteopaths, physical therapists or podiatrists duly licensed by the State of North Carolina; (3) Registered or practical nurses duly licensed by the State of North Carolina working under the supervision of a licensed physician, chiropractor, osteopath or podiatrist; (4) Cosmetologist, barbers or beauty culturists duly licensed by the State of North Carolina who do not give, or hold themselves out to give massages other than are customarily given in barber shops and beauty shops solely for the purpose of beautification. (Ord. of 11 -4 -1985, § 1 -2, eff. 11-4 -1985) 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 under the authority of the Orange County Board of County Commissioners by the Orange County Sheriff 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 Orange County Sheriff and shall be filed with the Orange County Sheriff. 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 8- 33(b), any federal statute relating to prostitution, or any law or ordinance of any Orange County, North Carolina, Code of Ordinances Page 2 of 9 PART I - GENERAL ORDINANCES 5 Chapter 8 - BUSINESSES ARTICLE II. - MASSAGES AND MASSAGE ESTABLISHMENTS governmental unit concerning the business of massage. The statement shall list convictions for all crimes including but not limited to any crime involving sexual misconduct and offenses pursuant to G.S. §§ 14- 177 -14 -202.6 and §§ 14- 203 -14 -208; (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 8- 33(b)(1); (5) A complete statement of any conviction of any person whose name is required to be given in subsection 8- 33(b)(1) 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 8- 33(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) Jln addition to the application required in 8 -33(b) the applicant shall submit, at the applicant's cost, his or her fingerprints, taken by the Sheriff. Upon receipt of an application the Sheriff shall conduct a Division of Criminal Investigation ( "DCI ") criminal history check of the applicant. The Sheriff shall also transmit a copy of the application to the Department of Planning and Inspections to determine compliance with all zoning and building regulations and ordinances. The Sheriff in cooperation with the respective fire district chief shall determine compliance with any law relating to fire protection.. (d) The Sheriff shall approve the 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 8- 33(b)(3); (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 Sheriff, 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 Sheriff if he determines that: (1) The licensee has violated any provisions of this article; Orange County, North Carolina, Code of Ordinances Page 3 of 9 PART I - GENERAL ORDINANCES 6 Chapter 8 - BUSINESSES ARTICLE II. - MASSAGES AND MASSAGE ESTABLISHMENTS (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 -33 or whose license under Section 8 -33 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 8- 33(b)(3); (4) Any employee of the licensee is, after the license under this section is issued, convicted of any crime listed in subsection 8- 33(b)(3); (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. (g) A license issued pursuant to this section shall be revoked by the Sheriff 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 8- 33(b)(2). (h) Any person whose application for a license is denied by the Sheriff pursuant to subsection 8- 33(b)(d) of this section or revoked pursuant to subsection 8 -33(f) or subsection 8 -33(g) of this section may appeal such decision to the Board of County Commissioners. An appeal is taken by filing written notice of such appeal with the Clerk to the Board of County 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 of County Commissioners may affirm, modify or reverse the Sheriffs decision. (Ord. of 11 -4 -1985, § 1 -3, eff. 11-4 -1985; Amend. of 3 -20 -1991, eff. 3 -20 -1991; Amend. of 8 -18 -2009, eff. 8 -18 -2009) 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 Sheriff and shall be filed with the Sheriff. 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 subsection 8- Orange County, North Carolina, Code of Ordinances Page 4 of 9 PART I - GENERAL ORDINANCES Chapter 8 - BUSINESSES ARTICLE II. - MASSAGES AND MASSAGE ESTABLISHMENTS 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 8- 34(b), two recent photographs of the applicant's head and shoulders, of a size and quality prescribed by the Sheriff. The applicant shall additionally submit his or her fingerprints, taken by the Sheriff, as part of the application required in subsection 8- 34(b). The applicant shall further submit a copy of his or her license or certification issued to the applicant by the North Carolina Board of Massage and Bodywork Therapy The photographs, license or certification, and fingerprints required by this subsection shall be provided at the applicant's expense, according to the fees for such activities as they may be from time to time established and payable in the manner established. (d) An application in proper form shall be submitted to the Sheriff together with all reports, documents, photographs, and fingerprints required by this section. Fingerprints collected purusuant to this section or 8 -33 shall not be provided to U.S. Immigration and Customs Enforcement or used in conjunction with any U.S. Immigration and Customs Enforcement action. The Sheriff shall conduct an investigation of the applicant as provided herein. The Sheriff 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 subsection 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; (5) The applicant has not been previously convicted of any violation of any provision of this article; and (6) The applicant is duly licensed and /or certified by the North Carolina Board of Massage and Bodywork Therapy. (e) Upon approval of the application by the Sheriff, and upon receipt of a license fee and any other fees as those fees are 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. (f) A license issued pursuant to this section shall be revoked by action of the Sheriff if he determines that: (1) The licensee has violated any provision of this article; (2) The licensee is, after the license under this section is issued, convicted of any crime listed in subsection 8- 33(b)(3); or Orange County, North Carolina, Code of Ordinances Page 5 of 9 PART I - GENERAL ORDINANCES $ Chapter 8 - BUSINESSES ARTICLE 11. - MASSAGES AND MASSAGE ESTABLISHMENTS (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. (g) Any person whose application for a license is denied by the Sheriff pursuant to subsection 8 -34(d) or revoked pursuant to subsection 8 -34(f) may appeal such decisions to the Board of County Commissioners. An appeal is taken by filing written notice of such appeal with the Clerk to the Board of County Commissioners within ten days following the date of the decision. The Board of County Commissioners shall set the appeal for hearing in the manner provided by Section 8 -37. The Board of Commissioners may affirm, modify or reverse the Sheriffs decision. (Ord. of 11 -4 -1985, § 1 -4, eff. 11 -4 -1985; Amend. of 3 -20 -1991, eff. 3 -20 -1991) Sec. 8 -35. - Employer to use only licensed employees. No person licensed under Section 8 -33 of this Ordinance shall allow or permit any person to massage or treat any person upon the premises operated by the licensee unless the person giving such massage or treatment is licensed under Section 8 -34 of this Ordinance and duly licensed or certified by the North Carolina Board of Massage and Bodywork Therapy. (Ord. of 11-4 -1985, § 1 -5, eff. 11-4 -1985) Sec. 8 -36. - Posting of license. (a) Every massage practitioner shall post his or her massage practitioner license where he or she is carrying on the business of massage. If the license cannot be posted, then the massage practitioner shall have the license in his or her actual possession at the time of carrying on the business of massage. Every massage practitioner shall post his or her North Carolina Board of Massage and Bodywork Therapy issued certification or license where he or she is carrying on the business of massage. If the certification or license cannot be posted, then the massage practitioner shall have such certification or license in his or her actual possession at the time of carrying on the business of massage. (b) Every person or business entity licensed under Section 8 -33 of this Ordinance shall display such license conspicuously at the place where the massage business is carried on. Every such person or business entity shall display conspicuously the certifications or licenses issued by the North Carolina Board of Massage and Bodywork Therapy to the massage practitioners working at the massage business premises. (Ord. of 11-4 -1985, § 1 -6, eff. 11 -4 -1985) Sec. 8 -37. - Notice and hearing. Before the Sheriff revokes a license issued pursuant to this Ordinance, or before the Board of County Commissioners considers an appeal, pursuant to Section 8 -33 or Section 8 -34 of this Ordinance, from a decision of the Sheriff denying an application for a license, the Sheriff or the Board of County Commissioners as the case may be shall cause a written notice to be sent by certified mail to the licensee affected or applicant affected, at the address stated in the license or application. This notice shall advise the affected party of a right to appear before the Sheriff or the Board of County Commissioners as the case may be, with or without legal counsel, at a stated time and place, for the purpose of presenting any evidence relevant to such revocation or denial, and for the purpose of Orange County, North Carolina, Code of Ordinances Page 6 of 9 PART I - GENERAL ORDINANCES 9 Chapter 8 - BUSINESSES ARTICLE 11. - MASSAGES AND MASSAGE ESTABLISHMENTS hearing all evidence submitted and examining or cross - examining any person providing such evidence. (Ord. of 11 -4 -1985, § 1 -7, eff. 11 -4 -1985) Sec. 8 -38. - Hours of operation. (a) No person licensed as a massage practitioner under Section 8 -34 of this Ordinance shall massage or treat any person or engage in the business or profession of massage, before 8:00 a.m. or after 10:00 p.m., prevailing time. (b) No person licensed under Section 8 -33 of this Ordinance shall admit customers or prospective customers, or remain open for business, or allow, or permit or condone any massage or treatment of any person upon the premises before 8:00 a.m. or after 10:00 p.m., prevailing time. (c) No person in charge of managing a massage business upon the premises shall allow, permit, or condone any massage or treatment of any person before 8:00 a.m. or after 10:00 p.m., prevailing time. (Ord. of 11 -4 -1985, § 1 -8, eff. 11 -4 -1985) Sec. 8 -39. - Patronage of massage businesses by minors; employment of minors (a) No person licensed as a massage practitioner under Section 8 -34 hereof shall massage or treat any person under the age of 18 years, except when the parent or guardian of the person under 18 accompanies the person under the age of 18 during the massage treatment or upon written permission of the parent or guardian of the person under 18 or upon written order of a licensed physician, osteopath, chiropractor, podiatrist or registered physical therapist, such order or written permission being dated and in the possession of the massage practitioner giving the massage or treatment. (b) No person licensed under Section 8 -33 of this Ordinance shall allow, permit or condone the massage or treatment of any person under the age of 18 years upon the licensed premises, except when the parent or guardian of the person under 18 accompanies the person under the age of 18 during the massage treatment or upon written permission of the parent or guardian of the person under 18 or upon written order of a licensed physician, osteopath, chiropractor, podiatrist or registered physical therapist, such order or written permission being dated, and a true copy of such order being in the possession of the licensee before administration of any massage or treatment. (c) No person licensed pursuant to Section 8 -33 of this Ordinance shall employ any person under the age of 18 years in the operation of a massage business. (Ord. of 11 -4 -1985, § 1 -9, eff. 11-4 -1985) Sec. 8-40. - Massage of private parts. It shall be unlawful for any person to massage or to offer to massage the private parts of another for hire. "Private parts" means the penis, scrotum, mons veneris, vulva or vaginal area. (Ord. of 11 -4 -1985, § 1 -10, eff. 11 -4 -1985) Sec. 8-41. - Privilege license annual. (a) The licenses required under this Ordinance are annual privilege licenses. The annual privilege license fee for the second and subsequent years of continuous operation of a massage business shall Orange County, North Carolina, Code of Ordinances Page 7 of 9 PART I - GENERAL ORDINANCES 10 Chapter 8 - BUSINESSES ARTICLE II. - MASSAGES AND MASSAGE ESTABLISHMENTS be $15.00. The annual privilege license fee for the second and subsequent years of continuous practice of a massage practitioner shall be $10.00. A massage practitioner who is a sole practitioner and who is not employed as a massage practitioner by a massage business operates a massage business and shall be required to be licensed as both a massage business and a massage practitioner. However, such a sole practitioner shall only be required to pay the privilege license fee prescribed herein for a massage business. (b) Fees for the licenses shall be due and payable in the same manner as prescribed for other privilege license fees of Orange County pursuant to the license and privilege tax ordinance of the County. (Ord. of 11-4 -1985, § 1 -11, eff. 11 -4 -1985) Sec. 8-42. - Remedies. (a) Violation of this Ordinance is a misdemeanor punishable as prescribed in N.C. Gen. Stat. § 14-4. (b) Injunctive Relief: (1) Whenever the Sheriff has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of a license issued pursuant to this Ordinance, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of Orange County for injunctive relief to restrain the violation or threatened violation. (2) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violation of this Ordinance. (Ord. of 11- 4- 1985, § 2 -1, eff. 11-4 -1985) Sec. 8-43. - Severability. If any provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this Ordinance are hereby declared to be severable. (Ord. of 11 -4 -1985, § 3 -1, eff. 11 -4 -1985) Sec. 8-44. - Effective date. This Ordinance shall be effective on November 4, 1985. Applicants for license under this Ordinance shall have 60 days from its effective date to apply for a license. No massage business or massage practitioner shall be deemed in violation of the licensing requirements of this Ordinance during the 60- day period following the effective date of this Ordinance. No massage business or massage practitioner that has made application for a license within 60 days of the effective date of this Ordinance shall be deemed in violation of this Ordinance during that license application process through the point in time of the County Manager's decision on the application. Orange County, North Carolina, Code of Ordinances Page 8 of 9 PART I - GENERAL ORDINANCES 1 Chapter 8 - BUSINESSES ARTICLE 11. - MASSAGES AND MASSAGE ESTABLISHMENTS (Ord. of 11 -4 -1985, § 4 -1, eff. 11 -4 -1985) Secs. 8- 45 -8 -60. - Reserved. Orange County, North Carolina, Code of Ordinances Page 9 of 9 RE.S - ao (a - 0(00 Aa.chmen+ a 12 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 8, ARTICLE II OF THE ORANGE COUNTY CODE OF ORDINANCES WHEREAS, Orange County, through ordinance, has since 1985 regulated the provision of massage services throughout the unincorporated areas of Orange County; and WHEREAS, in 2011 the Orange County Sheriff was approached to determine if he was willing to engage his office in the conduct and enforcement of that section of the Orange County Code of Ordinances regulating massage practitioners and businesses; and WHEREAS, the Sheriff expressed his willingness to conduct and enforce both the application process and all subsequent matters with regard to the provisions of massage services in Orange County; and WHEREAS, the Orange County Board of Commissioners, believing it to be in the best interest of the citizens and residents of Orange County, hereby determine that the provision of massage services by massage practitioners and massage businesses should be conducted in Orange County only according to those certain regulations and requirements found in Chapter 8, Article II of the Orange County Code of Ordinances as amended; NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners hereby amends Chapter 8, Article II, Sections 18 -151 through 18 -155 of the Orange County Code of Ordinances to further regulate the provision of massage services by massage practitioners and massage businesses. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this day of , 2012. By: Attest: Bernadette Pelissier, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners [SEAL]