[HISTORY: Adopted by The Commissioners of St. Michaels 12-15-2010 by Ord. No.
423. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 340.
As used in this chapter, the following terms shall have the
meanings indicated:
An activity a principal purpose or use of which is the selling,
renting, transferring, loaning, disseminating, or distributing of
adult entertainment or material, including but not limited to any
book, magazine, newspaper, video, DVD, CD, or sound recording.
Any nightclub, bar, restaurant, or any other commercial establishment,
regardless of whether alcoholic beverages are served, which features
persons who appear nude or semi-nude.
Any performance or depiction or text that is intended to
cause or provide, or which reasonably may be expected to cause or
provide, sexual stimulation, sexual excitement, or sexual gratification;
and:
In which an individual or individuals appear in a state of nudity
or partial nudity; or
That consists, in whole or in part, of action, activity, poses,
portrayal, depiction, or description of:
Human genitalia in a discernable state of sexual stimulation
or arousal; or
Any act, whether real or simulated, of masturbation, sexual
intercourse, anal intercourse, sodomy, fellatio, cunnilingus, fondling
of the buttocks, anus, female breasts, pubic area, or genital area,
sadomasochistic activity, physical contact or attempted contact with
clothed or unclothed genitalia, pubic areas, buttocks, anus, or female
breasts; or
That consists of contact with animals or inanimate objects.
Any business, operation, or activity a significant amount
of which consists of:
The conduct, promotion, delivery, provision, or performance
of adult entertainment or material, including but not limited to that
occurring in, at, or in connection with a cabaret, lounge, nightclub,
modeling studio, bar, restaurant, club or lodge, or other establishment;
or
The sale, provision, rental, or promotion of adult entertainment
or material, in any format, form, or medium, including but not limited
to books, magazines, videos, DVDs, CDs, movies, photographs, and/or
coin-operated or pay-per-view viewing devices, including but not limited
to the operation of an adult book or video store or viewing booth.
Having an ownership interest of 10% or more, or being part
of a control or management group.
Any booth, cubicle, stall or room of less than 600 square
feet of floor space or area to which patrons may gain admittance,
wherein the following are regularly featured:
The showing of the human male or female genitalia, pubic area,
or buttocks with less than fully opaque covering;
The showing of the female breast with less than a fully opaque
covering over any part below the top or uppermost part of the areola;
or
The depiction of covered male genitalia in a discernibly turgid
or erect state.
A state of dress which reveals:
At least 20% of the stock in the establishment or on display
consists of adult entertainment material or houses or contains devices
depicting, describing, or relating to adult entertainment or material;
or
At least 20% of the usable floor area is used for the display
or storage of adult entertainment or material or houses or contains
devices depicting, describing, or relating to adult entertainment
or material; or
At least 20% of the gross revenue is, or may reasonably be expected
to be, derived from the provision of adult entertainment or material;
or
Any provision of live adult entertainment or material.
Human genitals, anus, cleft of the buttocks, or the female
breast.
Any of the following specified crimes for which there has
been a conviction, guilty plea, plea of nolo contendere or probation
before judgment:
Rape or sex offenses of any degree and all other sexual crimes
specified in Maryland Annotated Code, Criminal Law § 3-301
et seq., as may from time to time be amended;
Prostitution and all related crimes as specified in Maryland
Annotated Code, Criminal Law § 11-301 et seq., as may from
time to time be amended;
Offenses regarding adult sexual displays and all related crimes
as specified in Maryland Annotated Code, Criminal Law § 11-101
et seq., as may from time to time be amended;
Offenses relating to obscene matters or materials and all related
crimes as specified in Maryland Annotated Code, Criminal Law § 11-201
et seq., as may from time to time be amended;
Child abuse and all related crimes as specified in Maryland
Annotated Code, Criminal Law § 3-601 et seq., as may from
time to time be amended;
Controlled dangerous substance offenses as specified in Maryland
Annotated Code, Criminal Law § 5-401 et seq., as may from
time to time be amended; or
Any offense committed in another jurisdiction that, had the
predicate acts been committed in Maryland, would constitute any of
the foregoing specified Maryland offenses.
Any of the following:
Any booth, cubicle, stall, or compartment that is designed,
constructed, or used to hold or seat patrons and is used for presenting
motion pictures or viewing publications by any photographic, electronic,
magnetic, digital, or other means or media (including but not limited
to film, video or magnetic tape, laser disc, cd-rom, books, magazines,
or periodicals) for observation by patrons therein. A viewing booth
shall not mean a theater, movie house, playhouse, or a room or enclosure
or portion thereof that contains more than 600 square feet.
A.
Adult-oriented businesses. It shall be unlawful for any person to
operate an adult-oriented business in the Town of St. Michaels without
a valid adult-oriented business license.
B.
Application for license. An applicant for an adult-oriented business
license shall comply with the following:
(1)
An applicant for an adult-oriented business license shall file, in person, with the Town Manager's office, a completed application made on a form provided by the Town. The application shall be signed by all persons required to sign under this section and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in Subsection B(1)(a) through (h) below, accompanied by the appropriate fee identified herein:
(a)
The applicant's full true name and any other names used
by the applicants in the preceding five years.
(b)
Current business address or another mailing address of the applicant.
(c)
Written proof of age, in the form of a driver's license
or a copy of a birth certificate accompanied by a picture identification
document issued by a governmental agency.
(d)
The business name, location, mailing address and phone number
of the adult-oriented business.
(e)
The name and business address of the statutory agent or other
agent authorized to receive service of process.
(f)
A statement of whether an applicant has been convicted of or
has pled guilty or nolo contendere to a specified criminal activity
as defined in this chapter and, if so, each specified criminal activity
involved, including the date, place, and jurisdiction of each as well
as the dates of conviction and release from confinement, where applicable.
(g)
A statement of whether any adult-oriented business in which
an applicant has had an influential interest has, in the previous
five years (and at a time during which the applicant had the influential
interest):
(h)
A site plan as required by Town Code § 340-32.1, including
a statement of total floor space occupied by the business.
(2)
The information provided pursuant to Subsection B(1) above shall be supplemented in writing by certified mail, return receipt requested, to the Town Manager's office within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
(3)
An application for an adult-oriented business license shall be accompanied
by a legal description of the property where the business will be
located.
(4)
An applicant shall submit a vicinity map indicating the location
of the building to be occupied, and any school, house of worship,
park, recreational facilities, day care or residentially zoned property
within 400 feet of adult-oriented business, any building or structure
where alcoholic beverages are sold for on-premises consumption within
500 feet, and any other building or structure containing an adult-oriented
business within 5,000 feet.
(5)
If a person who wishes to operate an adult-oriented business is an individual, he or she shall sign the application for a license as applicant. If a person who wishes to operate an adult-oriented business is other than an individual, each person with an influential interest in the business shall sign the application for a license as applicant. Each applicant must meet the qualifications specified in Subsection B herein and each applicant shall be considered a licensee if a license is granted.
(6)
The information provided by an applicant in connection with an application
for a license under this chapter shall be maintained by the Town Manager.
C.
Issuance of license. Within 20 days of the filing date of a completed
adult-oriented business license application, the Zoning Inspector/Codes
Enforcement Officer shall issue a license to the applicant or issue
to the applicant a letter of intent to deny the application. The Zoning
Inspector/Codes Enforcement Officer shall not issue a license if:
(1)
The applicant is less than 18 years of age.
(2)
The applicant has failed to provide information as required for issuance
of a license or has falsely answered a question or request for information
on the application form.
(3)
The license application fee required by this chapter has not been
paid.
(4)
The adult-oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with the zoning requirements of Chapter 340 of the Town Code.
(6)
The applicant has been convicted of or pled guilty or nolo contendere
to a specified criminal activity, as defined in this chapter.
(7)
Less than 12 months has expired since a license issued to the licensee
was revoked.
E.
Inspection. Adult-oriented businesses shall permit the Zoning Inspector/Codes
Enforcement Officer or his designee to inspect, from time to time
on an occasional basis, the portions of the adult-oriented business
premises where patrons are permitted, for the purpose of ensuring
compliance with the specific regulations of this chapter, during those
times when the adult-oriented business is occupied by patrons or is
open to the public.
F.
Expiration of license.
(1)
Each license shall remain valid for a period of one calendar year
from the date of issuance unless otherwise suspended or revoked. Such
license may be renewed only by making application and payment of a
fee as provided herein.
(2)
Application for renewal should be made pursuant to the procedures
set forth herein at least 90 days before the expiration date.
G.
Suspension and revocation.
(1)
The Zoning Inspector/Codes Enforcement Officer may suspend or revoke
a license if:
(a)
The applicant or licensee does not pay a fee required by this
chapter.
(b)
The premises of the adult-oriented business fails an inspection
required by this chapter, or the licensee or an employee of the licensee
refuses to allow an inspection of the adult-oriented business as provided
for by this section.
(c)
The applicant or licensee fraudulently or deceptively obtains
or attempts to obtain a license for the applicant or licensee or for
another.
(d)
The applicant or licensee fraudulently or deceptively uses a
license.
(e)
The applicant or licensee pleads guilty or nolo contendere with
respect to, receives probation before judgment with respect to, or
is convicted of a violation of:
(f)
In the two years before the suspension or revocation, the licensee,
the licensee's spouse, or an individual with whom the licensee
resides pleaded guilty or nolo contendere with respect to, received
probation before judgment with respect to, or was convicted of a violation
of:
(2)
In addition to the authority granted by this section, the Town may
suspend or revoke a license if:
(a)
A licensee or an employee of the adult-oriented business has
knowingly allowed on the premises the possession, use, or sale of
a controlled dangerous substance listed in Maryland Annotated Code,
Criminal Law § 5-401 et seq., as may be amended from time
to time;
(b)
A licensee or an employee of the adult-oriented business has
knowingly allowed prostitution on the premises;
(c)
A licensee or an employee of the adult-oriented business has
knowingly allowed a sexual act on the premises;
(d)
A licensee or an employee of the licensee has knowingly operated
the adult-oriented business when the license was suspended; or
(e)
In the preceding year, two or more employees of the adult-oriented
business have pleaded guilty or nolo contendere with respect to, received
probation before judgment with respect to, or been convicted of a
violation of any specified criminal activity as defined herein.
H.
Appeal. A decision by the Zoning Inspector to deny, suspend, or revoke
a license may be appealed to a court of competent jurisdiction per
the provisions providing for judicial review of administrative agency
decisions found in Maryland Rule 7-201 et seq.
I.
Transfer of license. A licensee shall not transfer his or her license
to another, nor shall a licensee operate an adult-oriented business
under the authority of a license at any place other than the address
designated in the adult-oriented business license application.
A.
Other than during a performance in accordance with any provisions
herein, it shall be unlawful for any person, including patrons and
visitors, at or in any adult-oriented business to perform, work, dance,
or appear in any state, condition, or appearance of nudity or partial
nudity.
B.
When performing an artistic or expressive dance, performance, display,
or exercise, an employee, agent, independent contractor, performer,
dancer, or show person at or in the employ of an adult-oriented business
where such performances are customarily given may appear, while performing,
in a state or condition of partial nudity.
A.
It shall be unlawful for any person on, in, or about the interior
or exterior of an adult-oriented business, while in any state, condition,
or appearance of nudity or partial nudity, or while performing or
engaging in an artistic or expressive dance, performance, display
or exercise, to be, at any time, within a distance of six feet of
any other person, whether or not such other person is an employee,
agent, independent contractor, performer, dancer, or show person at,
or in the employ of, an adult-oriented business, or a customer, patron,
or visitor of, at, or in any adult-oriented business. This prohibition
includes, but is not limited to, any form of person-to-person touching
or contact, whether directly by actual physical touching or indirectly
by the employment of any item or device.
B.
No person in a state of nudity or partial nudity on, in or about
the interior or exterior of an adult-oriented business shall touch
any other person, whether directly by actual physical touching or
indirectly by the employment of any item or device, for the purpose
of sexual arousal, sexual stimulation, sexual excitement, or sexual
gratification.
A.
It shall be unlawful for any person in, on, or about the interior
or exterior of any adult-oriented business to encourage or permit
any person to touch, caress, fondle or stimulate, whether directly
by actual physical touching or indirectly by the employment of any
item or device, the breasts, buttocks, anus, or genitals of another,
including the person so encouraging or permitting, the person being
encouraged or permitted or any other person, while in, on or about
the interior or exterior of the adult-oriented business.
B.
It shall be unlawful for any person in, on, or about the interior
or exterior of any adult-oriented business to touch, caress, fondle
or stimulate, whether directly by actual physical touching or indirectly
by the employment of any item or device, his or her own breasts, buttocks,
anus, or genitals while in the view of any other person, or for purposes
of sexual arousal, sexual stimulation, sexual excitement, or sexual
gratification.
C.
It shall be unlawful for any person in, on, or about the interior
or exterior of any adult-oriented business to participate in, or encourage
or allow another to participate in, any act of sexual intercourse,
anal penetration, sodomy, bestiality, masturbation, fellatio, cunnilingus
or sadomasochistic abuse, whether actual or simulated.
D.
It shall be unlawful for any person in, on or about the interior
or exterior of any adult-oriented business to wear, use or employ
any device or covering exposed to view which stimulates the breast,
genitals, anus, pubic hair or any part or portion thereof.
E.
It shall be unlawful for any person in, on, or about the interior
or exterior of any adult-oriented business to expose or encourage
or permit any person to expose the breasts, buttocks, anus, or genitals
of another, including the person so encouraging or permitting, the
person being encouraged or permitted, or any other person.
F.
It shall be unlawful for an owner or operator of an adult-oriented
business to encourage, allow, or permit any person in, on, or about
the interior or exterior of the adult-oriented business to commit
or participate in any of the acts prohibited under this section.
A.
An adult-oriented business shall ensure that at least one employee
is on duty at each management station required pursuant to this chapter
at any time any not-on-duty employee or any customer, patron, or visitor
is within the premises of the adult-oriented business.
B.
An adult-oriented business shall ensure that all lighting required pursuant to this chapter and/or the Zoning Ordinance, Chapter 340, is illuminated at any time any person other than an on-duty employee is within the premises.
C.
An adult-oriented business shall not allow or permit any condition
or state to exist with respect to such business in violation of the
requirements of this chapter, the Zoning Ordinance, or of any other
provision of this Code.
D.
An adult-oriented business:
(1)
Shall have at least one management station in each building.
(2)
Shall have an interior arranged or configured such that all areas
of the interior of the building or structure open to the public (excluding
restrooms) are visible by direct sight from a management station at
all times and not visible merely by camera, mirror or other device.
(3)
Shall be equipped with overhead or comparable lighting of sufficient
intensity to light or illuminate all areas of the building or structure
at an illumination of at least five footcandles measured at floor
level.
(4)
Shall have lighting illuminated in all places open or available to
the public or any customer, patron, or visitor at any time any person
other than an on-duty employee is in the building.
(5)
Shall provide or cause to be provided, for all exterior areas, including
but not limited to parking lots or areas, loading docks, and sidewalks,
sufficient lighting to illuminate the exterior areas of the business
to an illumination level of not less than two footcandles and shall
be equipped with video surveillance devices that monitor the exterior
portions of the premises from a management station.
(6)
Shall not be equipped with or maintain or allow on the premises a
viewing booth having any curtain, door, or other covering that allows
the viewing booth to be screened from the view of an employee, the
management station, or anyone standing outside of the viewing booth.
(7)
Shall ensure that each viewing booth is separated from other viewing booths and other rooms or adjacent areas by a solid wall or solid partition such that a person in one viewing booth cannot have any physical contact with a person in any other viewing booth or area of the premises (except as required by the immediately preceding Subsection D(6).
(8)
Shall construct, configure and maintain its premises in such a way
that all activities of all persons other than on-duty employees may
be viewed from a management station at all times.
(9)
In the case of an adult book or video store, shall arrange its displays
of merchandise, including but not limited to books, magazines, newspapers,
photographs, movies, videos, DVDs, CDs, other audio/video recordings,
or other electronic recordings, or, in the form of objects, items
or devices, in such a manner that such merchandise is not visible
in any way or manner, or to any degree, from outside the building.
(10)
In the case of an adult-oriented business other than an adult book
or video store, and to the extent not regulated under Article 2B of
the Annotated Code of Maryland (or successor provisions thereof),
shall be constructed and maintained in such manner that the conduct,
promotion, delivery, provision, or performance of adult entertainment
or material is not visible in any way or manner, or to any degree,
from outside the building.
(11)
Shall post appropriate signage prohibiting parking at the premises
for persons other than patrons of the business and prohibiting the
use of the exterior of the premises for other than ingress, egress,
parking, or solid waste deposit/processing by bonafide employees and
patrons of the business.
E.
No adult-oriented business may be conducted on the same parcel as,
in the same building as, or in conjunction with any hotel, motel,
bed-and-breakfast, country inn, marina, or in any structure or portion
thereof not generally open to the public and freely accessible to
patrons at all times.
F.
An adult-oriented business shall, at all times that it is open, have at least one manager on duty who is responsible for maintaining compliance with all of the conditions and requirements of this chapter and Chapter 340.
G.
An adult-oriented business shall be responsible for maintaining compliance with all of the conditions and requirements of this chapter and Chapter 340 at all times that it is open for business. An adult-oriented business shall maintain a current name, phone number, street address and e-mail address of at least one individual who resides in Talbot County or maintains an office that is open at least five days a week, legal holidays excluded, for the acceptance of any civil citation issued pursuant to § 340-106 of Chapter 340 with the Zoning Inspector/Building Official. As a condition to doing business in the Town of St. Michaels, an adult-oriented business agrees that service of any civil citation or legal process on it shall be deemed to have been accomplished if a copy of such citation is:
(1)
Left at any management station of such adult-oriented business; or
(2)
Left at the office of any person so designated by such adult-oriented
business pursuant to this subsection; or
(3)
Served on the resident, posted on the door of the address of the
resident, or left in the mailbox of the resident designated by such
adult-oriented business; or
(4)
Such adult-oriented business had actual knowledge of such civil citation
or legal process because a call was made and a message left at the
phone number of the individual designated above or an e-mail was sent
to the individual designated by such adult-oriented business.
A.
Each violation of any provision of this Chapter 75 shall constitute a separate violation, and a civil citation in the amount of up to $1,000 may issue for each such violation to any, and to each and every, person who engages in such violation, including but not limited to the adult-oriented business, the on-duty manager of the adult-oriented business, and any employee or agent of the adult-oriented business who participated in such violation or otherwise took no action to stop or deter such violation from occurring or from continuing.
B.
In addition to the foregoing provisions of Subsection A of this section, any adult-oriented business at, in, or on which any violations of this Chapter 75 have occurred on five different days within any twelve-month period shall be deemed to be a public nuisance and the certificate of occupancy of such adult-oriented business may be withdrawn.
A.
Periodic inspections. The Building Official or his authorized designee
shall periodically inspect the premises of every adult-oriented business
to ensure compliance with this chapter.
B.
Entry. The Building Official, the Town of St. Michaels Police Chief,
or their duly authorized designees, who shall exhibit proper credentials
upon request, may enter any adult-oriented business without consent
of the owner, operator or occupant at any time during business or
operating hours, and at such other times as may be necessary in any
situation reasonably believed to pose an immediate threat to life,
property or public safety, for the purpose of enforcing the provisions
of this chapter.
To the extent the provisions of this Chapter 75 are preempted by any otherwise applicable provision of Article 2B of the Annotated Code of Maryland, or any rule or regulation issued pursuant thereto, or preempted by any other otherwise applicable law, rule, or regulation of the State of Maryland, such other applicable law, rule, provision, or regulation shall apply. Unless specifically required by law, conduct prohibited by this Chapter 75 shall not be preempted by any criminal statute, and the violations of the provisions of this Chapter 75 are and shall be deemed to be civil infractions.
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be unconstitutional or invalid,
such decision shall not affect the validity of the chapter as a whole
or any part thereof other than the part declared to be unconstitutional
or invalid.
