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ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: June 19, 2012 <br /> Action Agenda <br /> Item No, <br /> SUBJECT: Amendment to the Orange County Code of Ordinances Regarding Massage <br /> Regulation <br /> DEPARTMENT: County Attorney PUBLIC HEARING: (YIN) No <br /> ATTACHMENT(S): <br /> INFORMATION CONTACT: <br /> 1) DRAFT—Chapter 8 Article 11 John Roberts, 245-2318 <br /> 2) Adopting Resolution <br /> PURPOSE: To consider amending the Orange County Code of Ordinances related to the <br /> regulation of massage practitioners and businesses. <br /> BACKGROUND: Prior the codification of the general ordinances into the Orange County Code <br /> of Ordinances ("Code"), several individual ordinances were identified for revision. One of those <br /> ordinances is now found in Chapter 8, Article 11 of the Code (Regulation of Massages and <br /> Massage Establishments). <br /> Currently if a person wishes to apply to perform massages in Orange County, the individual they <br /> must apply to the Clerk to the Board ("Clerk"), and the Clerk forwards the application to the <br /> Sheriff who conducts an investigation. The Sheriff returns the application and investigation <br /> results to the Clerk who then forwards the application and investigation materials to the County <br /> Manager. The Clerk initially raised the issue that because of the disjointed nature of the <br /> application process, and suggested that it may be best to request that the Sheriff conduct the <br /> full application process from start to finish. The County Attorney discussed the issue with the <br /> Sheriff who expressed a willingness to conduct the full application process so long as certain <br /> changes were made to the ordinance. <br /> The most significant changes to the ordinance are as follows: <br /> Section 8-32(b): changes language to licensed "by" the State of North Carolina. <br /> Section 8-33: authorizes the Sheriff to obtain fingerprints as needed without first securing <br /> judicial approval. <br /> Section 8-34: contains the same fingerprint provision as 8-33. Provides such fingerprints <br /> may not be utilized in any U.S. Customs and Immigration Enforcement program. Also <br /> requires applicants to be licensed by the North Carolina Board of Massage and Bodywork <br /> Therapy. <br />