ORD-2015-034 (Deferred) Amendment to the Orange County Code of Ordinances Regarding Massage Regulation

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ORANGE COUNTY 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 7, 2015 Action Agenda Item No. 6-f SUBJECT: Amendment to the Orange County Code of Ordinances Regarding Massage Regulation DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No Tax Administration ATTACHMENT(S): INFORMATION CONTACT: 1) DRAFT-Chapter 8 Article I I Sections John Roberts, County Attorney, 245-2318 2) Adopting Resolution Dwane Brinson, Tax Administrator, 245- 2726 PURPOSE: To consider amending the Orange County Code of Ordinances related to the regulation of massage practitioners and businesses. BACKGROUND: Orange County, through Chapter 8, Article 11 of the Code of Ordinances, regulates the provision of massage services in Orange County. Throughout the ordinance references are made to privilege license fees and taxes as being those fees required to be paid prior to providing massage services in Orange County. This language was adopted many years ago and was satisfactory at the time of its adoption even though the fees are regulatory license fees rather than privilege license fees. In 2015 the North Carolina General Assembly repealed the authority of counties to levy privilege license fees.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. In addition to the clarification 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. Finally, in anticipation of a Unified Development Ordinance amendment regulating the siting and location of sexually oriented businesses in Orange County, the proposed amendment adds applicants and potential employees of such businesses to the licensing requirements. FINANCIAL IMPACT: There is no financial impact to the County associated with the amendment to the Code of Ordinances. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board: 1) Adopt and authorize the Chair to sign the Resolution Amending Chapter 8, Article I I of the Code of Ordinances of Orange County; and 2) Authorize staff to make any typographical or other non-substantive corrections as may be needed prior to and during the process of submission of the amended ordinance to Municode.