Minutes 06-07-2016 - Laserfiche WebLink

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14 John Roberts said he made the proposed changes, along with a few other changes. He said he spoke to six massage practitioners who had paid this fee in 2015, and they should not have been charged this fee due to their practices being located outside of Orange County. He said those who have paid the County fee should not have done so. He said the Towns do not enforce such an ordinance. John Roberts said the State has their own licensing board on this issue, and those regulations are similar to those in the Orange County ordinance. He said he is changing "privileged" to "regulatory" and is asking the Board to repeal this section as it pertains to massage therapists, and only leave in the section that pertained to massage businesses. He said none of these businesses currently exist in Orange County. John Roberts said the proposed language requires business applicants to submit a certified criminal background check and addresses the issue of appeals. Commissioner Jacobs asked if the unnecessarily paid fees could be refunded. John Roberts said this could be pursued, and this only generated a few hundred dollars per year. Commissioner Jacobs asked if there is limit to how far back would John Roberts recommend refunding. John Roberts said he had only verified back to 2015. Dwane Brinson, Orange County Tax Administrator, said his office can review the records, and as people are located, his office can provide refunds. Commissioner Jacobs said the point at which the State changed the law seems to be a good cut off point. He said those who have wrongly paid the fee could be encouraged to donate the fees to the County. Commissioner Dorosin asked if the proposed amendment distinguishes between massage therapists, who are licensed by the State, and massage businesses. John Roberts said this amendment would apply to independent and stand-alone businesses for massage therapy, and it no longer applies to the individual massage therapists. Commissioner Price clarified that the change is being made from a privileged license to a regulatory license and asked if there is a difference between the two. John Roberts said one can get a privilege license, which allows one to do business in the County whether one actually does business or not. He said a regulatory license is for one conducting an activity in a part of the County where the County has authority. Commissioner Price asked if this is similar to someone applying for site plan development. John Roberts said no, this is not like a planning permit. He said this is much less time consuming. Commissioner Price asked if this is akin to a processing fee. John Roberts said yes, and he said it is a way to insure that businesses are being operated legitimately. A motion was made by Commissioner Rich, seconded by Commissioner Pelissier for the Board to adopt 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. Commissioner Jacobs added a stipulation that John Roberts and the tax office have a reasonable amount of time to reimburse those who have wrongly paid fees over the years. Both motion makers accepted this.