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

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PART I-GENERAL ORDINANCES Chapter 8-BUSINESSES ARTICLE 11.-MASSAGES AND MASSAGE ESTABLISHMENTS 33(b)(3); (4) A complete statement of any revocation of any license granted by any governmental unit to the applicant to engage in the business or profession of massage; and (5) The date and place of the applicant's birth and the names of the applicant's parents. (c) The applicant shall submit, as part of the application required in subsection 8-34(b), two recent photographs of the applicant's head and shoulders, of a size and quality prescribed by the Sheriff. The applicant shall additionally submit his or her fingerprints, taken by the Sheriff, as part of the application required in subsection 8-34(b). The applicant shall further submit a copy of his or her license or certification issued to the applicant by the North Carolina Board of Massage and Bodywork Therapy The photographs, license or certification, and fingerprints required by this subsection shall be provided at the applicant's expense, according to the fees for such activities as they may be from time to time established and payable in the manner established. (d) An application in proper form shall be submitted to the Sheriff together with all reports, documents, photographs, and fingerprints required by this section. Fingerprints collected purusuant to this section or 8-33 shall not be provided to U.S. Immigration and Customs Enforcement or used in conjunction with any U.S. Immigration and Customs Enforcement action. The Sheriff shall conduct an investigation of the applicant as provided herein. The Sheriff 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 subsection 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; (5) The applicant has not been previously convicted of any violation of any provision of this article; and (6) The applicant is duly licensed and/or certified by the North Carolina Board of Massage and Bodywork Therapy. (e). Upon approval of the application by the Sheriff, and upon receipt of a license fee and any other fees as those fees are 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. (f) A license issued pursuant to this section shall be revoked by action of the Sheriff if he determines that: (1) The licensee has violated any provision of this article; (2) The licensee is, after the license under this section is issued, convicted of any crime listed in subsection 8-33(b)(3); or Orange County,North Carolina,Code of Ordinances Page 5 of 9