[HISTORY: Adopted by the Board of County
Commissioners (now County Council) of Wicomico County as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 117.
Trailer camps — See Ch. 211.
Zoning — See Ch. 225.
STATUTORY REFERENCES
Authority — See Anno. Code of
Md. (1957). Art. 25, § 27.
[Adopted 7-14-1964 by Ord. No. 21; amended
in its entirety 10-1-2002 by Bill No. 2002-13]
[Amended 10-17-2006 by Bill No. 2006-11]
Pursuant to the power and authority vested in
the County Council of Wicomico County, under Article 25A, § 5A
of the Annotated Code of Maryland and Article XI-A of the Constitution
of Maryland, the following provisions are hereby adopted with respect
to licensing and regulating the location, operation and construction
of hotels, motels, dance halls, carnivals, circuses and racetracks,
outside the limits of incorporated towns and cities in Wicomico County
and inside the limits of such incorporated town and cities where the
charter provisions of said incorporated towns and cities contain no
provision to license and regulate them or any of them or to refuse
any such license.
[Amended 10-17-2006 by Bill No. 2006-11]
Any person, persons or corporations desiring
to locate, operate or construct a hotel, motel, dance hall, carnival,
circus or racetrack within the corporate limits of Wicomico County,
including all areas inside the limits of incorporated towns and cities
whose charter provisions contain no provision to license, refuse to
license or regulate them or any of them shall be required to first
obtain a license from the Director of Administration.
A.
Application completed in compliance with this chapter
shall be made at least 10 days prior to June 1 of each year.
[Amended 11-20-2012 by Bill No. 2012-11]
B.
The application shall be on the form prescribed by
the County. The applicant shall furnish such references as to character,
past conduct and financial responsibility.
[Amended 10-17-2006 by Bill No. 2006-11; 11-20-2012 by Bill No. 2012-11]
C.
The application shall contain a consent to inspection
during reasonable hours during the entire term of the license.
E.
A firesafety
inspection of the property for which application will be made shall
be conducted and successfully completed prior to filing the application.
[Added 11-20-2012 by Bill No. 2012-11]
[Amended 10-17-2006 by Bill No. 2006-11; 11-20-2012 by Bill No. 2012-11]
The Director of Administration reserves the
right to refuse to grant any such permission. If and when such permission
is granted, it shall be given in the form of a license issued, which
license shall give the date of issue, the period covered by such license,
the name of the person, persons or corporation to whom issued, the
location to which same shall be applicable and the fee paid upon application
for said license.
[Amended 10-17-2006 by Bill No. 2006-11]
No license shall be issued for a period longer
than one year. Renewal of licenses may be had for additional one-year
periods upon compliance with the same terms and conditions and upon
payment of new license fees.
[Amended 11-20-2012 by Bill No. 2012-11]
The license fee is required to be paid at the
time of application for the license under this article. The license
and fee shall cover a period of one year from June 1 to the succeeding
May 31 and shall be as follows:
[Amended 11-20-2012 by Bill No. 2012-11]
A.
A license as provided in §§ 170-2 through 170-6 hereof shall not be issued in Wicomico County to a person, persons or corporation for the construction, location or operation of a hotel or motel unless the following requirements and conditions are met:
(1)
All information required by the County pursuant to § 170-3 has been submitted, which includes the hotel or motel being current on the public accommodation tax owed to the County.
(2)
A firesafety inspection of the property for which application has
been made shall be conducted and successfully completed prior to the
issuance of the license. If the inspection indicates the property
is not in compliance with all applicable laws or regulations, the
license may be denied until remedial action, as determined by the
Department of Planning, Zoning and Community Development, remedies
the violation.
(3)
The hotel or motel is in compliance with all applicable County laws
and regulations.
[Amended 10-17-2006 by Bill No. 2006-11; 11-20-2012 by Bill No.
2012-11]
A.
The Department of Planning, Zoning and Community Development (Department)
shall cause the inspection of a hotel or motel at least on a yearly
basis.
B.
If an inspection reveals that a hotel or motel is not in compliance
with all applicable laws and regulations, the license may be subject
to revocation, refusal to reissue, or other remedial action by the
Director of Administration upon the recommendation of the Department.
A license may be revoked or suspended if the owner, after 10 days'
written notice fails to eliminate or initiate bona fide efforts to
eliminate code violations. Revocation or suspension of a license shall
be in addition to and not in substitution for such other penalties
as may be applicable.
[Amended 7-6-2004 by Bill No. 2004-6; 10-17-2006 by Bill No. 2006-11; 11-20-2012 by Bill No.
2012-11]
A.
On and after the date of the final passage of the
foregoing article, it shall be unlawful for any person, persons or
corporation to establish, operate, construct or maintain any hotels,
motels, dance halls, carnivals, circuses or racetracks outside the
limits of incorporated towns and cities in the County and inside the
limits of incorporated towns and cities whose charter provisions contain
no power or authority to license, regulate or refuse to license them
or any of them.
B.
Any person, persons or corporation violating any provision
or provisions of the foregoing article shall be guilty of a misdemeanor
and, upon conviction thereof, shall be subject to a fine of not less
than $100 nor more than $1,000 for each offense, and such place or
establishment shall also be subject to be abated as a nuisance. Each
day the violation continues shall constitute a separate violation.
[Amended 11-20-2012 by Bill No. 2012-11]
C.
Any person, firm or corporation violating any provision of this chapter
shall be guilty of a civil infraction and, upon conviction thereof,
shall be subject to a fine of $100 a day for each offense, and such
place or establishment shall also be subject to abatement. Each day
the violation continues shall constitute a separate offense. The following
officials from the Wicomico County Department of Finance and Planning,
Zoning and Community Development are authorized to issue citations
for violations of this chapter: Director or his designee, the Fire
Marshal and Fire Inspectors.
[Added 11-20-2012 by Bill No. 2012-11]
D.
In addition, the County may institute injunctive, mandamus or other
appropriate action or proceedings of law to correct violations of
this chapter. Any court of competent jurisdiction shall have the right
to issue temporary or permanent restraining orders, injunctions or
mandamus, or other appropriate forms of relief.
[Added 11-20-2012 by Bill No. 2012-11]
[Adopted 2-13-1992 by Bill No. 1992-6]
For the purpose of this article, the following
words and phrases shall mean:
An establishment having as its stock-in-trade, for sale,
rent, lease, inspection or viewing, books, films, video cassettes,
magazines or other periodicals which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
specific sexual activities or specified anatomical areas, as defined
below, and, in conjunction therewith, having facilities for the presentation
of adult-oriented entertainment, as defined below, including adult-oriented
films or movies for observation by patrons therein.
An exhibition of any motion pictures, live performance, display
or dance of any type which has as its dominant theme or is distinguished
or characterized by an emphasis on any actual or simulated specified
sexual activities or specified anatomical areas, as defined below,
or the removal of articles of clothing or appearing partially or totally
nude.
Includes adult bookstores and further means any premises
to which public patrons or members are invited or admitted and which
are so physically arranged so as to provide booths, rooms, cubicles,
compartments or stalls separate from the common areas of the premises
for the purpose of viewing adult-oriented entertainment, whether or
not such adult-oriented entertainment is held, conducted, operated
or maintained for a profit, direct or indirect.
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented entertainment establishment.
Less than completely and opaquely covered human genitals,
pubic region, buttocks and female breast below a point immediately
above the top of the areola; human male genitals in a discernible
turgid state, even if opaquely covered.
Simulated or actual showing of human genitals in a state
of sexual stimulation or arousal; acts of masturbation, sexual intercourse,
sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or
cunnilingus; fondling or erotic touching of human genitals, pubic
region, buttock or female breasts.
Any adult-oriented entertainment establishment
having available for customers, patrons or members any booth, room,
cubicle, compartment or stall for private viewing of any adult-oriented
entertainment must comply with the following requirements:
A.
Access. Each booth, room, cubicle, compartment or
stall shall be accessible solely from aisles and public areas of the
adult-oriented entertainment establishment and shall be unobstructed
by a door, curtain, lock or other control-type device.
B.
Construction. Every such booth, room, cubicle, compartment
or stall shall meet the following construction requirements:
(1)
It shall be separated from adjacent booths, rooms,
cubicles, compartments or stalls and any other nonpublic area.
(2)
It shall be located within the establishment so as
to provide a totally unobstructed view from a location where the employee,
operator or owner is stationed and can monitor the activities within
every booth, room, cubicle, compartment or stall within the establishment.
(3)
It shall have the side facing the public room totally
open and unobstructed from view at all times by anyone in such public
room.
(4)
Every video screen shall be positioned within the
booth, room, cubicle, compartment or stall in a manner so as to be
hidden from view from persons in the public area.
(5)
The lighting of the public room shall be a minimum
of 20 footcandles at all times, as measured from the floor.
(6)
All walls within each booth, room, cubicle, compartment
or stall shall be solid and without openings, extended from the floor
a minimum of six feet and be light-colored, nonabsorbent, smooth-textured
and easily cleanable.
(7)
All floors within each booth, room, cubicle, compartment
or stall shall be light-colored, nonabsorbent, smooth-textured and
easily cleanable.
C.
Occupants. Only one individual shall occupy a booth,
room, cubicle, compartment or stall at any time.
D.
Prohibited activities.
(1)
It shall be unlawful for any occupant of a booth,
room, cubicle, compartment or stall to engage in any type of sexual
activity, cause any bodily discharge or litter while in the booth,
room, cubicle, compartment or stall.
(2)
It shall be unlawful for any person to damage or deface
any portion of the booth, room, cubicle, compartment or stall.
A.
Every act or omission by an employee of an adult-oriented
entertainment establishment constituting a violation of the provisions
of this article shall be deemed to be the act or omission of the operator
of the adult-oriented entertainment establishment. The operator shall
be punishable for any such act or omission in the same manner as one
who has committed the act or caused the omission.
B.
No employee, operator, owner or agent of an adult-oriented
entertainment establishment shall allow any minor to enter, loiter
around or to frequent such establishment or allow any minor to view
any adult-oriented entertainment.
C.
The operator shall maintain the premises in a clean
and sanitary manner at all times.
D.
The operator shall see that the proper illumination
is maintained at all times within the adult-oriented entertainment
establishment.
E.
The operator shall ensure compliance of the establishment
and its patrons with the provisions of this article.
Any violation of this article perpetrated by
any employee or operator of an adult-oriented entertainment establishment
shall be deemed to be an action of the owner and subject the owner
to the fines and penalties set forth herein.
A.
Any person, partnership or corporation who is found
to have violated this article shall be guilty of a misdemeanor and
shall be fined a sum not exceeding $1,000 or be imprisoned for a period
not to exceed six months, or both.
B.
Each violation of this article shall be considered
a separate offense, and any violation continuing more than one day
shall be considered a separate offense.
The invalidity of any portion of this article
will not affect the validity of the other portions of this article.
The Wicomico County Sheriff's Department shall
have the authority to enter any adult-oriented entertainment establishment
at all reasonable times, including but not limited to normal business
hours, to inspect the premises and enforce this article.
