Baltimore County, MD
 
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Table of Contents
Table of Contents
[Bill No. 29-1998[1]]
[1]
Editor's Note: Section 4 of Bill No. 29-1998 provided that "... except as provided in Section 3 of this Act, this Act does not apply to an adult entertainment business lawfully established prior to the effective date of this Act. An adult entertainment business may continue to operate until one year from the effective date of this Act. On or after that date, all adult entertainment businesses shall conform to the requirements of this Act."
Section 6 of Bill No. 29-1998, as amended by Bill Nos. 46-2006 and 56-2011, stated as follows: This Act does not apply to a massage establishment or tattoo or body-piercing establishment in existence in a business or commercial zone for at least 12 months prior to the effective date of this Act except if a massage establishment or tattoo or body-piercing establishment relocates, other than a tattoo establishment that relocates within a BM-CCC District that is less than 500 feet removed from its earlier location or that relocates from a location within 1,000 feet of a public or private school to a location within a B.L., B.M., or B.R. Zone which is further removed from a public or private school but less than 1,000 feet removed from its earlier location. This section is not intended to waive any other provision or requirement of state or county law in effect prior to the effective date of this Act.
Except for Section 3 of the Act, which amended the Baltimore County Code, Bill No. 29-1998 took effect 3-20-1998.

§ 4B-101 Definitions.

A. 
As used in this article, the following terms have the meanings indicated:
ADULT ENTERTAINMENT BUSINESS
An adult store or an adult movie theater.
(1) 
A business establishment open to the public, or to members, that maintains display devices for viewing on the premises files, videos or other viewable material, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities.
(2) 
"Adult movie theater" does not include a motion-picture theater which has seating for at least 50 persons per screen.
(1) 
A business establishment open to the public, or to members, that offers for sale or rental any printed, recorded, photographed, filmed or otherwise viewable material, or any sexually oriented paraphernalia or aid, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities.
(2) 
The term does not include a motion-picture theater which has seating for at least 50 persons per screen.
DISPLAY DEVICE
An electronically or mechanically controlled still or motion-picture machine, film projector, videotape player or other image-producing device that may be activated directly or indirectly by viewers or at the request of viewers for which a fee is charged.
MASSAGE
Any method of treating the external parts of the human body, for compensation, by touching, rubbing, stroking, kneading, tapping or vibrating with the hand, arm, foot or other body part provided by a massage technician.
(1) 
Any establishment where a massage technician administers a massage to another person for compensation.
(2) 
"Massage establishment" does not include a hospital, nursing home, medical clinic or other establishment where massages are administered by individuals identified under § 24-442 of the Baltimore County Code, 1988 Edition, as revised.
(1) 
An individual who administers a massage to another individual for compensation.
(2) 
"Massage technician" does not include a medical practitioner as defined by Section 101 of these regulations.
[Bill No. 9-1999]
SEXUAL ACTIVITIES
Includes nudity or partial nudity, as defined in Section 101, and sexual conduct, sexual excitement or sadomasochistic abuse, as defined in § 11-101 of the Criminal Law article of the Annotated Code of Maryland.
[Bill No. 50-2010]
(1) 
A process that involves piercing or entering the skin or the mucous membrane of an individual for the purpose of inserting pigmented patterns, jewelry or other forms of body decoration.
(2) 
"Skin-penetrating body adornment procedure" includes tattooing and body-piercing.
(3) 
"Skin-penetrating body adornment procedure" does not include piercing of an ear using a properly disinfected ear piercing gun and single use studs or clutches.
[Bill No. 50-2010]
(1) 
At least 15% of the stock in the establishment or on display consists of matters or houses devices depicting, describing or relating to sexual activities; or
(2) 
At least 15% of the usable floor area is used for the display or storage of matters or devices depicting, describing or relating to sexual activities; or
(3) 
At least 15% of the establishment’s gross retail sales or revenues are derived from the sale, lease or rental of matters or devices depicting, describing or relating to sexual activities.
TATTOO OR BODY PIERCING ESTABLISHMENT
Any establishment where a skin-penetrating adornment procedure is performed.

§ 4B-102 Location of adult entertainment businesses, massage establishments and tattoo or body-piercing establishments. [1]

A. 
Subject to the requirements of this article, an adult entertainment business, a massage establishment or a tattoo or body-piercing establishment is permitted in an M.H. Zone.
B. 
Proximity to other uses.
(1) 
An adult entertainment business, a massage establishment, or a tattoo or body-piercing establishment may not be located within 1,000 feet of:
(a) 
A house of worship.
(b) 
A public or private school.
(c) 
A public park or public recreational facility.
(d) 
A public library.
(e) 
A child care home, child care institution or family day care home licensed or registered under Maryland law.
(f) 
A lot zoned residentially or devoted primarily to residential use.
(2) 
An adult entertainment business, a massage establishment or a tattoo or body-piercing establishment may not be located within 2,500 feet of another adult entertainment business, a massage establishment or a tattoo or body-piercing establishment.
C. 
Adult entertainment uses in B.L. Zone.
[Bill No. 50-2010[2]]
(1) 
Notwithstanding any other provision of this article, any business establishment located in a B.L. Zone that maintains display devices for viewing on the premises any material characterized by an emphasis on matters depicting, describing or relating to sexual activities, or that offers for sale or rental any sexually oriented paraphernalia or aid that is characterized by an emphasis on matters depicting, describing or relating to sexual activities, may not be located within 500 feet of any of the uses listed in Subsection B.
(2) 
Printed or recorded material offered for rental or sale in a business establishment in a B.L. Zone that is characterized by an emphasis on matters depicting, describing or relating to sexual activities shall be arranged so that it is not easily accessible inside the establishment and not visible from outside the establishment.
[2]
Editor's Note: Section 3 of this bill stated that it would not apply to adult entertainment businesses lawfully established prior to 7-19-2010, the bill’s effective date, and that such businesses could continue to operate for one year from the effective date of the bill, but as of that date, all such businesses would be required to conform to the requirements of Bill No. 50-2010.
Section 4 of this bill stated that business establishments not in compliance with § 4B-102C(1) could continue to operate for one year from the bill’s effective date, but as of that date, such business establishments would be required to comply with § 4B-102C(1).
D. 
In determining compliance with the siting requirements in Subsections B and C(1) of this section, measurements shall be made in a straight line, without regard to intervening objects, from the closest point of the structure containing the adult entertainment business, massage establishment or tattoo or body-piercing establishment to the nearest property line of the lot or use listed in Subsections B and C(1) of this section.
[Bill No. 50-2010]
[1]
Editor's Note: For licensing requirements, see Article 21, Title 2 of the Baltimore County Code, 2003, as revised.