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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: June 19, 2012 <br />Action Agenda <br />Item No. <br />SUBJECT: Amendment to the Orange County Code of Ordinances Regarding Massage <br />Regulation <br />DEPARTMENT: County Attorney PUBLIC HEARING: (YIN) No <br />ATTACHMENT(S): <br />1) DRAFT — Chapter 8 Article 11 <br />2) Adopting Resolution <br />INFORMATION CONTACT: <br />John Roberts, 245 -2318 <br />PURPOSE: To consider amending the Orange County Code of Ordinances related to the <br />regulation of massage practitioners and businesses. <br />BACKGROUND: Prior the codification of the general ordinances into the Orange County Code <br />of Ordinances ( "Code "), several individual ordinances were identified for revision. One of those <br />ordinances is now found in Chapter 8, Article II of the Code (Regulation of Massages and <br />Massage Establishments). <br />Currently if a person wishes to apply to perform massages in Orange County, the individual they <br />must apply to the Clerk to the Board ( "Clerk "), and the Clerk forwards the application to the <br />Sheriff who conducts an investigation. The Sheriff returns the application and investigation <br />results to the Clerk who then forwards the application and investigation materials to the County <br />Manager. The Clerk initially raised the issue that because of the disjointed nature of the <br />application process, and suggested that it may be best to request that the Sheriff conduct the <br />full application process from start to finish. The County Attorney discussed the issue with the <br />Sheriff who expressed a willingness to conduct the full application process so long as certain <br />changes were made to the ordinance. <br />The most significant changes to the ordinance are as follows: <br />Section 8- 32(b): changes language to licensed "by" the State of North Carolina. <br />Section 8 -33: authorizes the Sheriff to obtain fingerprints as needed without first securing <br />judicial approval. <br />Section 8 -34: contains the same fingerprint provision as 8 -33. Provides such fingerprints <br />may not be utilized in any U.S. Customs and Immigration Enforcement program. Also <br />requires applicants to be licensed by the North Carolina Board of Massage and Bodywork <br />Therapy. <br />