ORD-2012-024 Amendment to the Orange County Code of Ordinance Regarding Massage Regulations

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PART 1-GENERAL ORDINANCES Chapter 8-BUSINESSES ARTICLE II.-MASSAGES AND MASSAGE ESTABLISHMENTS (2) The licensee, or any agent of the licensee, employs or permits to be on the premises of the applicant's massage business any person practicing the business or profession of massage who has not been issued a privilege license required by Section 8-33 or whose license under Section 8-33 has been revoked; (3) The licensee, or the legal or beneficial owner of any interest in the licensee, is, after the license under this section is issued, convicted of any crime listed in subsection 8-33(b)(3); (4) Any employee of the licensee is, after the license under this section is issued, convicted of any crime listed in subsection 8-33(b)(3); (5) The licensee violates any zoning, building or fire prevention ordinance; or (6) 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. (g) A license issued pursuant to this section shall be revoked by the Sheriff if the licensee ceases for 30 consecutive days operating a massage business at the location required to be stated in the application for license pursuant to subsection 8-33(b)(2). (h) Any person whose application for a license is denied by the Sheriff pursuant to subsection 8- 33(b)(d) of this section or revoked pursuant to subsection 8-33(f) or subsection 8-33(g) of this section may appeal such decision to the Board of County Commissioners. An appeal is taken by filing written notice of such appeal with the Clerk to the Board of County Commissioners within ten days following the date of the decision. The Board of Commissioners shall set the appeal for hearing in the manner provided by Section 8-37. The Board of County Commissioners may affirm, modify or reverse the Sheriffs decision. (Ord. of 11-4-1985, § 1-3, eff. 11-4-1985; Amend. of 3-20-1991, eff. 3-20-1991; Amend. of 8-18-2009, eff. 8-18-2009) Sec. 8-34. - Licensing of massage practitioners. (a) No person shall engage in the business or profession of massage 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) The application for the license required by this section shall be upon a form approved by the Sheriff and shall be filed with the Sheriff. Such application shall be given under oath and shall contain the following information: (1) 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; (2) A complete statement of the previous business or occupation of the applicant for the two years immediately preceding the date of application, including any massage establishment experience; (3) A complete statement of all convictions of the applicant for any crime listed in subsection 8- Orange County,North,Carolina,Code of Ordinances Page 4 of 9