Orange County NC Website
PART I - GENERAL ORDINANCES 8 <br />Chapter 8 - BUSINESSES <br />ARTICLE II. - MASSAGES AND MASSAGE ESTABLISHMENTS <br />(3) The licensee is guilty of fraudulent, false, misleading or deceptive advertising, including the <br />use of the term "massage" to describe, promote or advertise any type of business activity or <br />service prohibited by this article or is not massage as defined in this article. <br />(g) Any person whose application for a license is denied by the Sheriff pursuant to subsection 8 -34(d) <br />or revoked pursuant to subsection 8 -34(f) may appeal such decisions to the Board of County <br />Commissioners. An appeal is taken by filing written notice of such appeal with the Clerk to the Board of <br />County Commissioners within ten days following the date of the decision. The Board of County <br />Commissioners shall set the appeal for hearing in the manner provided by Section 8 -37. The Board of <br />Commissioners may affirm, modify or reverse the Sheriffs decision. <br />(Ord. of 11 -4- 1985, § 1 -4, eff. 11-4 -1985; Amend. of 3 -20 -1991, eff. 3 -20 -1991) <br />Sec. 8 -35. - Employer to use only licensed employees. <br />No person licensed under Section 8 -33 of this Ordinance shall allow or permit any person to massage <br />or treat any person upon the premises operated by the licensee unless the person giving such <br />massage or treatment is licensed under Section 8 -34 of this Ordinance and duly licensed or certified by <br />the North Carolina Board of Massage and Bodywork Therapy. <br />(Ord. of 11 -4 -1985, § 1 -5, eff. 11-4 -1985) <br />Sec. 8 -36. - Posting of license. <br />(a) Every massage practitioner shall post his or her massage practitioner license where he or she is <br />carrying on the business of massage. If the license cannot be posted, then the massage practitioner <br />shall have the license in his or her actual possession at the time of carrying on the business of <br />massage. Every massage practitioner shall post his or her North Carolina Board of Massage and <br />Bodywork Therapy issued certification or license where he or she is carrying on the business of <br />massage. If the certification or license cannot be posted, then the massage practitioner shall have <br />such certification or license in his or her actual possession at the time of carrying on the business of <br />massage. <br />(b) Every person or business entity licensed under Section 8 -33 of this Ordinance shall display such <br />license conspicuously at the place where the massage business is carried on. Every such person or <br />business entity shall display conspicuously the certifications or licenses issued by the North Carolina <br />Board of Massage and Bodywork Therapy to the massage practitioners working at the massage <br />business premises. <br />(Ord. of 11 -4 -1985, § 1 -6, eff. 11-4 -1985) <br />Sec. 8 -37. - Notice and hearing. <br />Before the Sheriff revokes a license issued pursuant to this Ordinance, or before the Board of County <br />Commissioners considers an appeal, pursuant to Section 8 -33 or Section 8 -34 of this Ordinance, from <br />a decision of the Sheriff denying an application for a license, the Sheriff or the Board of County <br />Commissioners as the case may be shall cause a written notice to be sent by certified mail to the <br />licensee affected or applicant affected, at the address stated in the license or application. This notice <br />shall advise the affected party of a right to appear before the Sheriff or the Board of County <br />Commissioners as the case may be, with or without legal counsel, at a stated time and place, for the <br />purpose of presenting any evidence relevant to such revocation or denial, and for the purpose of <br />Page 6 of 9 Orange County, North Carolina, Code of Ordinances <br />