As used in this chapter, the following terms shall have the
meanings indicated:
ADULT BUSINESS
Any adult bookstore, adult video store, adult model studio,
adult motel, adult movie theater, adult nightclub, adult store, business
providing adult entertainment, or any other establishment that regularly
exploits an interest in matter relating to specified sexual activities
or specified anatomical areas or regularly features live entertainment
intended for the sexual stimulation or titillation of patrons.
ADULT ENTERTAINMENT
Dancing, modeling or other live entertainment if the entertainment
is characterized by an emphasis on specified sexual activities or
specified anatomical areas or is intended for the sexual stimulation
or titillation of patrons; or the showing of films, motion pictures,
videotapes, slides, photographs, CD-ROMs, DVD-ROMs, or other media
that are characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas.
ADULT MERCHANDISE
Magazines, books, other periodicals, videotapes, films, motion
pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality
devices, or other similar media that are characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas; instruments, devices or paraphernalia
either designed as representatives of human genital organs or female
breasts or designed or marketed primarily for use to stimulate human
genital organs; or lingerie or leather goods marketed or presented
in a context to suggest their use for sadomasochistic practices.
ADULT MODEL STUDIO
A commercial establishment, including a lingerie store or
novelty store, in which a person performs or simulates specified sexual
activities, exposes specified anatomical areas, or engages in other
performances intended for the sexual stimulation or titillation of
patrons.
ADULT MOTEL
A motel, hotel, or similar commercial establishment that:
A.
Provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or specified anatomical areas and advertises
the availability of this sexually oriented type of material by means
of a sign visible from the public right-of-way or by means of any
off-premises advertising, including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television; or
B.
Offers a sleeping room for rent for a time period of less than
10 hours; or
C.
Allows a tenant or occupant to subrent the sleeping room for
a time period of less than 10 hours.
ADULT MOTION-PICTURE THEATER
An enclosed building regularly used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons, excluding motion pictures
that have been rated "G," "PG," "PG-13" or "R" by the Motion Picture
Association of America.
ADULT NIGHTCLUB
A restaurant, bar, club, or similar establishment that regularly
features adult entertainment.
ADULT STORE
An establishment having adult merchandise as a substantial
or significant portion of its stock-in-trade.
EMPLOYEE
An individual working or performing services for any adult
business, including any independent contractor who provides services
on behalf of any adult business to the patrons of such business, whether
or not the individual receives any remuneration, gratuity, or tips
of any kind, or pays the permittee or manager for the right to perform
or entertain in the adult business.
LIVE ENTERTAINMENT
Entertainment provided in person, including, but not limited
to, musical performances, music played by disc jockeys, public speaking,
dramatic performances, dancing, modeling, or comedy performances.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals,
pubic region, buttock, or female breast below a point immediately
above the top of the areola; or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal;
sexual intercourse or sodomy; or fondling or other erotic touching
of human genitals, pubic region, buttock or female breast, including
masturbation.
The County Administrator or his designee may revoke any permit
issued pursuant to this chapter for the following:
A. Fraud, misrepresentation or any false or misleading statement contained
in the application.
B. Conviction of the permittee for any felony, crime involving moral
turpitude, or crime involving the obscenity laws after the permit
is issued.
C. The permittee or an employee of the permittee has knowingly allowed
possession, use or sale of illegal controlled substances in or on
the premises.
D. The permittee or an employee of the permittee has knowingly allowed
prostitution on the premises.
E. The permittee has refused to allow an inspection of the adult business
premises as authorized by this chapter.
F. Offenses committed within a twelve-month period.
(1) On two or more occasions within a twelve-month period, employees
of the adult business at the time of the offenses committed an offense
in or on the permitted premises for which a conviction has been obtained
constituting:
(a)
Aiding, abetting or harboring a runaway child;
(b)
Prostitution or promotion of prostitution;
(c)
Exposing minors to harmful materials;
(d)
Dissemination of obscenity;
(f)
Violation of this chapter.
(2) The fact that a conviction is being appealed shall have no effect
on the revocation of the permit.
G. The permittee is convicted of violations regarding any taxes or fees
related to the adult business.
H. The permittee has failed to operate or manage an adult business in
a peaceful and law-abiding manner.
I. The permittee or an employee of the permittee, except a permittee
or employee of a permittee of an adult motel, has knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sexual activity to occur in or on the permitted premises.
J. The permittee has been operating an adult business not approved under
the applicable permit.
K. The permittee has failed to comply with the provisions of this chapter.
L. The permittee's business fails to comply with other applicable
County or state laws or regulations.
After denial of an initial or renewal application or after revocation
of a permit by the County Administrator or his designee, the applicant
or permittee may seek prompt judicial review of such administrative
action in the Circuit Court of the County. Any such request for judicial
review shall be filed within 30 days of when the administrative action
becomes final. The County will facilitate the applicant's obtaining
prompt review.
Nothing in this chapter shall be construed to permit any conduct which violates §
67-12 of this chapter.
Except as permitted in §
67-2D, operation of an adult business without a permit is prohibited. Violations of this chapter shall be unlawful and subject to the provisions of §
67-12B,
C and
D of this chapter.
Nothing contained in this chapter shall be construed to apply
to the presentation of any play, ballet, drama, tableau, production
or motion picture in any theater, concert hall, school, college, museum
of fine arts or other similar establishment, that is primarily presented
as a form of expression of opinion, communication, speech, ideas,
information, art or drama.