Unless otherwise defined in this chapter, words and terms shall have the meanings assigned to them in Chapter 128 (Zoning). In case of a conflict, any term in this chapter shall have the meaning defined herein.
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 seminude.
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, sexual devices, 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.
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 discernible 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
Consists of contact with animals or inanimate objects; or
Is a sexual device.
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 human female breast with less than a fully
opaque covering over any part below the top or uppermost part of the
areola;
The showing of the breast of a human male, which has been altered
in any manner to be similar in appearance to the breast of a human
female, with less than a fully opaque covering over any part below
the top or uppermost part of the areola; or
The depiction of covered human male genitalia in a discernibly
turgid or erect state.
A state of dress which reveals:
The human male or female buttocks;
The human female breasts below the top or uppermost part of
the areola, excluding portions of the human female cleavage exhibited
by a dress, or other apparel, provided the areola is not exposed in
whole or in part; or
The breast of a human male, which has been altered in any manner
to be similar in appearance to the breast of a human female, below
the top or uppermost part of the areola, excluding portions of cleavage
exhibited by a dress, or other apparel, provided the areola is not
exposed in whole or in part.
Any three-dimensional object designed or marketed as useful
primarily in the performance of a sexual act or to enhance or entice
sexual stimulation or gratification. Such devices include any item
which has no substantial non-sex-related utility, such as erotic undergarments
and artificial sexual organs, as well as devices with other utility
when they are not marketed for sexual purposes, such as chains, handcuffs,
or the like, but does not include devices primarily intended for protection
of health or prevention of pregnancy.
At least 10% 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 10% 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 10% 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.
