ORD-2009-131 - Text Modification to Orange County Massage Parlor Ordinance

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oRD-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