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ORD-2012-024 Amendment to the Orange County Code of Ordinance Regarding Massage Regulations
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ORD-2012-024 Amendment to the Orange County Code of Ordinance Regarding Massage Regulations
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Last modified
3/12/2019 3:47:00 PM
Creation date
11/13/2012 4:57:38 PM
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BOCC
Date
6/19/2012
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5q
Document Relationships
Agenda - 06-19-2012 - 5q
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2012\Agenda - 06-19-2012 - Regular Mtg.
Minutes 06-19-2012
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2012
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PART 1-GENERAL ORDINANCES <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 3-20-199.1, 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 /> Orange County,North Carolina,Code of Ordinances <br /> Page 6 of 9 <br />
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