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Caroline County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the County Commissioners of Caroline County 9-13-2005 by Bill No. 2005-5. Amendments noted where applicable.]
GENERAL REFERENCES
Civil infractions — See Ch. 92.
As used in this chapter, the following words and phrases shall have the meanings indicated, and any term not defined herein shall have the definition contained in Chapter 175 of this Code:
ADULT BOOK OR VIDEO STORE
An adult-oriented business, whether or not containing viewing booths, theaters, or other performance viewing space, that involves the sale, rental, transfer, loan, dissemination, distribution, provision or promotion of adult entertainment or material in the form of books, magazines, newspapers, photographs, movies, videos, DVDs, CDs or other audio/video recordings, or other electronic recordings, or, in the form of merchandise, objects, items or devices.
A. 
Any performance, depiction, or text that is intended to cause or provide, or reasonably may be expected to cause or provide, sexual stimulation, sexual excitement, or sexual gratification and:
(1) 
In which an individual or individuals appear in a state of nudity or partial nudity; or
(2) 
That consists, in whole or in part, of action, activity, poses, portrayal, depiction, or description of:
(a) 
Human genitals in a discernable state of sexual stimulation or arousal; or
(b) 
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 genitals, pubic areas, buttocks, anus, or female breasts; or
(3) 
Consists of contact with animals or inanimate objects; or
B. 
Any merchandise, object, item, or device that is designed and/or marketed with the intention of causing, or that reasonably may be expected to cause, sexual stimulation, sexual excitement or sexual gratification.
ADULT-ORIENTED BUSINESS
Any business, operation, or activity, a significant amount of which consists of:
A. 
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, lodge, retail establishment, or other establishment; or
B. 
The sale, rental, transfer, loan, dissemination, distribution, provision or promotion of adult entertainment or material, in any format, form, or medium, including, but not limited to, books, magazines, newspapers, photographs, movies, videos, DVDs, CDs or other audio/video recordings, other electronic recordings, and/or coin-operated or pay-view viewing devices, including, but not limited to, the operation of an adult book or video store or viewing booth.
A. 
The showing of the human male or female genitals, pubic area, anus or buttocks with less than fully opaque covering;
B. 
the showing of the female breast with less than a fully opaque covering over any part below the top or uppermost part of the nipple; or
C. 
The depiction of covered male genitalia in a discernibly turgid state.
PARTIAL NUDITY
A state of dress in which opaque clothing or material covers primarily and little else other than:
A. 
A.. The human male or female genitals, pubic area, anus, or buttocks; or
B. 
The female breasts below the top or uppermost part of the nipple.
A. 
Flagellation or torture, whether real or simulated, by or upon an individual; or
B. 
The condition of being, or causing oneself or another to be, fettered, bound, or otherwise physically restrained.
A. 
At least 20% of the stock in the establishment or on display consists of adult entertainment or material or houses or contains devices depicting, describing, or relating to adult entertainment or material; or
B. 
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
C. 
At least 20% of the gross revenue is, or may reasonably be expected to be, derived from the provision of adult entertainment or material.
VIEWING BOOTH
A space or area in which a display device is located for purposes of viewing pictures, films, videotapes, or other images.
A. 
Other than during a performance in accordance with § 72-2B below, 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 showperson 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 showperson 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, their 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 activity, 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 simulates 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 Chapter 72.
A. 
An adult-oriented business shall ensure that at least one employee is on duty at each management station required pursuant to this Chapter 72 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 72 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 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 cameras 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 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) 
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 and solid waste deposit/processing for bona fide employees and patrons of the business.
(12) 
An adult-oriented business shall not alter or permit to be altered the configuration of any management station required pursuant to this Chapter 72 and depicted on a County-approved site plan without the submittal to, and approval by the County of a new site plan.
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.
A. 
Each violation of any provision of this Chapter 72 shall constitute and shall be enforced as a Class A civil infraction in accordance with Chapter 92 of this Code, including its provisions governing repeated violations.
B. 
In addition to the provisions of Chapter 92 of this Code, any adult-oriented business at, in, or on which five violations of this Chapter 72 occur within any twelve-month period shall be deemed to be a public nuisance and its certificate of occupancy shall be withdrawn by the County.
To the extent the provisions of this Chapter 72 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 72 shall not be preempted by any criminal statute, and the violations of the provisions of this Chapter 72 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 this Chapter as a whole or any part thereof other than the part declared to be unconstitutional or invalid.