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ORANGE COUNTY 1 <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: December 7, 2015 <br /> Action Agenda <br /> Item No. 6-f <br /> SUBJECT: Amendment to the Orange County Code of Ordinances Regarding Massage <br /> Regulation <br /> DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No <br /> Tax Administration <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> 1) DRAFT-Chapter 8 Article I I Sections John Roberts, County Attorney, 245-2318 <br /> 2) Adopting Resolution Dwane Brinson, Tax Administrator, 245- <br /> 2726 <br /> PURPOSE: To consider amending the Orange County Code of Ordinances related to the <br /> regulation of massage practitioners and businesses. <br /> BACKGROUND: Orange County, through Chapter 8, Article 11 of the Code of Ordinances, <br /> regulates the provision of massage services in Orange County. Throughout the ordinance <br /> references are made to privilege license fees and taxes as being those fees required to be paid <br /> prior to providing massage services in Orange County. This language was adopted many years <br /> ago and was satisfactory at the time of its adoption even though the fees are regulatory license <br /> fees rather than privilege license fees. <br /> In 2015 the North Carolina General Assembly repealed the authority of counties to levy privilege <br /> license fees. This creates a need for clarification in the ordinance to specify that these license <br /> fees are lawful and are regulatory in nature and are not true privilege fees. <br /> In addition to the clarification the proposed amendment removes the requirement that the Sheriff <br /> conduct a Division of Criminal Investigation ("DCI") criminal background check on applicants. <br /> This is necessary due to new DCI restrictions on the Sheriff's use of the service. <br /> Finally, in anticipation of a Unified Development Ordinance amendment regulating the siting and <br /> location of sexually oriented businesses in Orange County, the proposed amendment adds <br /> applicants and potential employees of such businesses to the licensing requirements. <br /> FINANCIAL IMPACT: There is no financial impact to the County associated with the <br /> amendment to the Code of Ordinances. <br /> SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated <br /> with this item. <br /> RECOMMENDATION(S): The Manager recommends that the Board: <br /> 1) Adopt and authorize the Chair to sign the Resolution Amending Chapter 8, Article I I of the <br /> Code of Ordinances of Orange County; and <br /> 2) Authorize staff to make any typographical or other non-substantive corrections as may be <br /> needed prior to and during the process of submission of the amended ordinance to <br /> Municode. <br />