Agenda - 08-18-2009 - 4l - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 18, 2009 Action Agenda Item No. •~ - ~- SUBJECT: State Required Modification to the Orange County Massa a Parlor Ordinance DEPARTMENT: Sheriff PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1) Mark-up Revised Ordinance 2) Clean Revised Ordinance INFORMATION CONTACT: John Roberts 245-2318 Sheriff Lindy Pendergrass 245-2900 PURPOSE: To bring the Orange County Massage Parlor Ordinance into compliance with North Carolina law. BACKGROUND: Sheriff Lindy Pendergrass has been informed by law enforcement consultants with the State of North Carolina that Orange County's Massage Parlor Ordinance, in its current form, is not compliant with North Carolina law. North Carolina General Statute §114-19.11(b) requires that applicants for a massage therapy license submit to criminal background checks. In Orange County, the Sheriff's Office conducts these background checks pursuant to the Orange County Massage Parlor Ordinance. The Sheriff's Office conducts these checks through use of computer programs maintained by the Division of Criminal Investigations (DCI) section of the North Carolina Department of Justice. Pursuant to the North Carolina Administrative Code, DCI requires that law enforcement agencies utilizing DCI programs to conduct background checks specify that that such background checks will be performed using DCI. The Orange County Sheriff conducts such checks pursuant to the various control agreements that DCI requires law enforcement agencies to enter. In its current form the Orange County Massage Parlor Ordinance does not meet DCI guidelines. FINANCIAL IMPACT: None RECOMMENDATION(S): The Interim Manager recommends that the Board of County Commissioners approve this text modification to the Orange County Massage Parlor Ordinance.