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~3 <br />inspecting "the premises, vehicles, equipment, and personnel of franchisees to assure <br />compliance to the Ordinance."12 Emergency Services is also charged with receiving <br />"complaints from the public, other enforcing agencies, and services regarding franchise <br />infractions."r3 In addition, ES may recommend to the Board of Commissioners the <br />temporary or permanent suspension of a franchise in the event of noncompliance with the <br />franchise terms."~4 The Board of Commissioners has the authority, after a recommendation <br />by ES to terminate the franchise agreement for "noncompliance with the franchise terms." <br />Orange County Emergency Management Ordinance <br />The purpose of the Orange County Emergency Management Ordinance is to establish an <br />office "that will insure the complete and efficient utilization of all of the County's resources <br />to...administer the daily function of the Orange County Emergency Management."15 The <br />Orange County Department for Emergency Management (now ES) is the "coordinating <br />agency for all activity in connection with emergency management" within the County.16 The <br />ES Director is delegated the authority under the Ordinance for "all phases of emergency <br />management activities within the County" including the planning, coordination, and <br />aeration of those activities. (Emphasis added.)17 <br />An Ordinance Authorizing, the Proclamation of a State of Emergency and the Imposition <br />of Prohibitions and Restrictions Duri~ a State Of Emergenc~(the "State of Emer~ency <br />Ordinance") <br />The County is authorized to enact an ordinance designed to permit "the imposition of <br />restrictions and prohibitions during a state of emergency."18 This State of Emergency <br />Ordinance enables the County to prohibit or restrict: <br />1. The movements of people in public places; <br />2. The operation of offices, business establishments, and other places to or from <br />which people may travel or at which they may congregate; <br />3. The possession, transportation, sale, purchase, and consumption of alcoholic <br />beverages; <br />~' Id. at Section XN.14.1 (d) <br />is Id. at Section XN. 14.1 (g) <br />14 Id. at Section XIV. 14.1 (e) <br />is Orange County Emergency Management Ordinance, Article 1', Section 2.1. <br />ib Id. at Article I, Section 2.2 <br />17 Id. at Article I, Section 5(1) <br />'s Article 36A of Chapter 14, Chapter 166A, and Chapter 153A of the North Carolina General Statutes <br />Puge 4 of 7 <br />