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.
ADULT ENTERTAINMENT OR MATERIAL
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.
NUDITY
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.
SADOMASOCHISTIC ABUSE
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.
SIGNIFICANT AMOUNT
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.
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.