§ 8-33. Licensing of massage business operators.

(a)

No person shall operate a massage business unless such person shall have first applied for and received the license provided by this section. A license issued pursuant to this section is a regulatory license issued under the authority of the Orange County Board of County Commissioners by the Orange County Manager to the applicant only and is not transferable. As used in this article Orange County Manager or County Manager shall mean the individual appointed to that position by the Orange County Board of Commissioners, or that individual's designee.

(b)

Every application for the license prescribed in this section shall be upon a form approved by the Orange County Manager and shall be filed with the Orange County Manager. Every such application shall be made under oath and shall contain the following information:

(1)

If the applicant is:

a.

A person, the name of the applicant, any aliases ever used by the applicant, the age, the sex, social security number (optional) and past military identification number of the applicant; the residence address of the applicant and the residence addresses of the applicant for the ten years preceding the date of the application.

b.

A partnership, corporation, association, or any other business entity; the name of the partnership, corporation, association, or other entity, the name of each individual with an ownership or beneficial interest in the entity, the state of incorporation (if applicable), principal place of business, and the name, state of incorporation, and principal place of business of any and all associated business entities or predecessor in interest business entities.

(2)

The address of the premises where the massage business shall be located;

(3)

A complete statement of all convictions of any person whose name is required to be given in subsection 8-33(b). The statement shall list convictions for all crimes including but not limited to any crime involving sexual misconduct and offenses pursuant to G.S. §§ 14-177 through and including 14-202.6, §§ 14-203 through and including 14-208, and §§ 14-208.5 through and including 14-208.45;

(4)

A complete statement of any revocation, by any governmental unit, of any license and the existence of any license to operate a massage business or to engage in the business or profession of massage held or formerly held by any person whose name is required to be given in subsection 8-33(b);

(5)

A complete statement of any conviction of any person whose name is required to be given in subsection 8-33(b) for violation of any statute, law, ordinance or regulation of any government concerning the operation of a massage business or the business or profession of massage;

(6)

The name and address of any massage business or other establishment owned or operated by any person whose name is required to be given in subsection 8-33(b) of this section wherein the business or profession of massage is carried on; and

(7)

A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

(c)

In addition to the application required in subsection 8-33(b) the applicant shall submit, at the applicant's cost a certified criminal background check conducted by the Clerk of Superior Court covering the immediately preceding five-year period for all locations in which the applicant has temporarily or permanently resided. The County Manager shall transmit a copy of the application to the Department of Planning and Inspections to determine compliance with all zoning and building regulations and ordinances. The County Manager in cooperation with the respective fire district chief shall determine compliance with any law relating to fire protection.

(d)

The application shall be approved if the County Manager determines that:

(1)

The application contains no misstatement of fact;

(2)

The applicant, or any person having any legal or beneficial ownership interest in the applicant, has not been convicted, for the five-year period preceding the date of the application, of any crime listed in subsection 8-33(b)(3);

(3)

The applicant conforms to all requirements of applicable zoning, building and fire prevention codes; and

(4)

The applicant or any person having a legal or beneficial interest in the applicant has not, for the three-year period preceding the application, had a previously issued license for engaging in the business or profession of massage revoked.

(e)

Upon approval of the application by the County Manager, and upon receipt of a license fee set from time to time, the collector of revenue shall issue a license to the applicant. Permit approval shall lapse if the license fee prescribed by this section is not received by the collector of revenue within 60 days of the date the application is approved.

(f)

A license issued pursuant to this section shall be revoked by action of the County Manager upon the County Manager's determination that:

(1)

The licensee has violated any provisions of this article;

(2)

The licensee, or any agent of the licensee, employs or permits to be on the premises of the applicant's massage business any person practicing the business or profession of massage who has not been issued a license required by Section 8-33 or whose license under Section 8-33 has been revoked;

(3)

The licensee, or the legal or beneficial owner of any interest in the licensee, is, after the license under this section is issued, convicted of any crime listed in subsection 8-33(b)(3);

(4)

Any employee of the licensee is, after the license under this section is issued, convicted of any crime listed in subsection 8-33(b)(3);

(5)

The licensee violates any zoning, building or fire prevention ordinance; or

(6)

The licensee is found to have used fraudulent, false, misleading or deceptive advertising, including the use of the term "massage" to describe, promote or advertise any type of business activity or service prohibited by this article or is not massage as defined in this article.

(g)

A license issued pursuant to this section shall be revoked by the County Manager if the licensee ceases for 30 consecutive days operating a massage business at the location required to be stated in the application for license pursuant to subsection 8-33(b)(2).

(h)

Any person or entity whose application for a license is denied by the County Manager pursuant to subsection 8-33(b) of this section or revoked pursuant to subsection 8-33(f)(4) of this section may appeal such decision to the Orange County Sheriff. Any person or entity whose application for a license is denied or revoked by the County Manager pursuant to any other section may appeal such decision to the Board of County Commissioners. An appeal is taken by filing written notice of such appeal with the Clerk to the Board of County Commissioners or the Sheriff, as the case may be, within ten days following the date of the decision. The Board of Commissioners, or the Sheriff, as the case may be, shall set the appeal for hearing in the manner provided by Section 8-37. The Board of County Commissioners or the Sheriff, as the case may be, may affirm, modify or reverse the County Manager's decision.

(Ord. of 11-4-1985, § 1-3, eff. 11-4-1985; Amend. of 3-20-1991, eff. 3-20-1991; Amend. of 8-18-2009, eff. 8-18-2009; Amend. of 06-19-2012, eff. 06-19-2012; Res. 2016-046, eff. 6-7-2016)