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

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1 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.