[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.
[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:
A. For hotels and motels: $50.
D. For carnivals, circuses and racetracks: the sum of
$100 or at the rate of $25 per day, whichever is greater.
[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.
B. In the event a hotel or motel license holder shall fail to comply with the provisions of this chapter, he/she will be subject to the penalties in §
170-9.1. Additionally, the Director of Administration may refuse to issue a license, suspend or revoke the license.
[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. Upon the recommendation of the Department to refuse
to reissue, suspend or revoke a license, the Director of Administration
shall:
(1) Notify the holder of the license of the Director of
Administration's decision in writing by certified mail; and
(2) State the reasons for the action.
B. The holder of the license not reissued, revoked or
suspended by the Director of Administration may, within 10 days of
the decision, appeal the decision to the Board of Appeals.
[Adopted 2-13-1992 by Bill No. 1992-6]
For the purpose of this article, the following
words and phrases shall mean:
ADULT BOOKSTORE
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.
ADULT-ORIENTED ENTERTAINMENT
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.
ADULT-ORIENTED ENTERTAINMENT ESTABLISHMENT
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.
OPERATORS
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented entertainment establishment.
SPECIFIED ANATOMICAL AREAS
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.
SPECIFIED SEXUAL ACTIVITIES
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.
(3) It shall be unlawful for any employee, operator or owner of such adult-oriented entertainment establishment to engage in any of the acts enumerated in Subsection
D(1) or
(2) hereof or allow any person to engage in any activity set forth in Subsection
D(1) or
(2) hereof.
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.
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.