Agenda - 06-07-2016 - 7-c - Amendment to the Orange County Code of Ordinances Regarding Massage Regulation

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2 In 2015 the North Carolina legislature repealed the authority of counties to levy privilege license fees. This creates a need for clarification in the ordinance to specify that these license fees are lawful and are regulatory in nature and are not true privilege fees or taxes. The word "privilege" is removed from the language to ensure compliance with state law. In addition to the clarifications noted above, the proposed amendment removes the requirement that the Sheriff conduct a Division of Criminal Investigation ("DCI") criminal background check on applicants. This is necessary due to new DCI restrictions on the Sheriff's use of the service. The proposed amendment includes the removal of the requirement for fingerprinting of applicants and requires applicants to pay for and submit a certified criminal background check with each application. Finally, at the Sheriffs suggestion, the proposed amendment removes application processing from the purview of the Sheriff and vests them with the County Manager or designee. Appeals for anything other than denials based on criminal convictions will be made to the Board of County Commissioners. Appeals for denials based on criminal convictions will be made to the Sheriff. FINANCIAL IMPACT: License fees equal less than one thousand dollars annually in County revenue. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board: 1) Deliberate as necessary on the proposed amendments; and 2) Consider the adoption of these massage business amendments into the Orange County Code of Ordinances, authorize the Chair to sign the attached Resolution of Adoption, and authorize the County Attorney to make any minor non-substantive changes or corrections that may be necessary prior to submission of the amendment to Municode.