[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:
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.
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:
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 genitals 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 genitals,
pubic areas, buttocks, anus, or female breasts; or
Consists of contact with animals or inanimate objects; or
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.
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, lodge, retail establishment, or other establishment; or
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.
The showing of the human male or female genitals, pubic area, anus 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 nipple; or
The depiction of covered male genitalia in a discernibly turgid state.
A state of dress in which opaque clothing or material covers primarily
and little else other than:
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
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.
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.
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.
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.
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.
