Agenda - 06-21-2016 - 5-a - Minutes

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13 1 Commissioner Price said this is Orange County, and she questions if there will be many 2 people searching for food trucks late at night. She said it is better to extend the hours than the 3 residential limits. 4 Commissioner Jacobs agreed that it is easier to regulate time than distance. 5 Commissioner Rich said she would amend her motion to 10:00 p.m., but she would like 6 to re-visit the conversation at a later date. 7 Commissioner Price asked if special events would be exempt from this time limit. 8 John Roberts said the time limit would include special events on residential properties, 9 or within 200 feet of residential properties. 10 Chair McKee agreed with Commissioner Jacobs on the time of 10:00 p.m. 11 Commissioner Rich and Commissioner Dorosin agreed to amend the motion. 12 13 A motion was made by Commissioner Rich, seconded by Commissioner Dorosin for the 14 Board to adopt the mobile food vending business provisions into the Orange County Code of 15 Ordinances, and change the operation time from 8:00 a.m-10:00 p.m., authorize the Chair to 16 sign the attached Resolution of Adoption, and authorize the County Attorney to make any minor 17 non-substantive changes or corrections that may be necessary prior to submission of the 18 amendment to Municode. 19 20 VOTE: UNANIMOUS 21 22 c. Amendment to the Orange County Code of Ordinances Regarding Massage 23 Regulation 24 The Board considered amending the Orange County Code of Ordinances related to the 25 regulation of massage practitioners and businesses and authorize the Chair to sign. 26 John Roberts said this comes out of a request from the tax department, since they 27 handle all of the licensing fees for these businesses, and they wanted to change some 28 language in light of some legislative changes. He said this is not a privilege license fee, but 29 rather has always been a regulatory fee. He said the language in the ordinance said privilege 30 fee. 31 John Roberts said he made the proposed changes, along with a few other changes. He 32 said he spoke to six massage practitioners who had paid this fee in 2015, and they should not 33 have been charged this fee due to their practices being located outside of Orange County. He 34 said those who have paid the County fee should not have done so. He said the Towns do not 35 enforce such an ordinance. 36 John Roberts said the State has their own licensing board on this issue, and those 37 regulations are similar to those in the Orange County ordinance. He said he is changing 38 "privileged" to "regulatory" and is asking the Board to repeal this section as it pertains to 39 massage therapists, and only leave in the section that pertained to massage businesses. He 40 said none of these businesses currently exist in Orange County. 41 John Roberts said the proposed language requires business applicants to submit a 42 certified criminal background check and addresses the issue of appeals. 43 Commissioner Jacobs asked if the unnecessarily paid fees could be refunded. 44 John Roberts said this could be pursued, and this only generated a few hundred dollars 45 per year. 46 Commissioner Jacobs asked if there is limit to how far back would John Roberts 47 recommend refunding. 48 John Roberts said he had only verified back to 2015. 49 Dwane Brinson, Orange County Tax Administrator, said his office can review the 50 records, and as people are located, his office can provide refunds.