[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 8-25-1981 by Bill No. 81-5 as Title 1 of the Public Health Article
of the 1981 Code. Amendments noted where applicable.]
[Amended 11-10-1987 by Bill No. 87-5; 4-25-1989 by Bill No. 89-2]
(a)
Certain conditions to be declared nuisances. The existence of any of the following conditions in the County which
are found to be dangerous or prejudicial to the maintenance of property
values, health, safety or general welfare of the people of the County
by the duly designated County department or official are hereby declared
to constitute a public nuisance:
[Amended 11-16-2004 by Bill No. 04-11]
(1)
The uncontrolled growth of grass, weeds or other rank vegetation,
including but not limited to ragweed, poison ivy, poison oak, poison
sumac, and all other noxious weeds which are generally known to be
either allergenic, a skin irritant, or toxic when ingested, to a height
exceeding one foot.
[Amended 5-18-2010 by Bill No. 10-4]
A.
The above requirement shall not apply where the Department has
determined, after an investigation which considers the physical characteristics
or actual use of the property or other relevant factors, that the
property qualifies as one of the following: properties utilized for
a bona fide agricultural purpose, natural wooded areas, stream protection
areas, habitat protection areas, steep slope and erodible soil protection
areas, stormwater management facilities areas, unimproved areas of
more than three acres in size, areas publicly owned and maintained
as natural areas, and private open space areas covenanted with the
County as recreational areas to be maintained in their natural state.
In no case shall noxious weeds as described above be allowed to grow
within sixty feet of any property line adjoining an occupied property
zoned for residential, commercial or industrial purposes. In addition,
the above requirement shall not apply to wetlands, stream protection
areas, habitat protection areas, steep slope and erodible soils protection
areas, stormwater management facilities areas and nature study areas.
Any uncontrolled growth as described in and subject to the provisions
of this section shall be cut to a height not exceeding four inches.
B.
Where it is ascertained that the owner, occupant or person in control
of any lot or lands within the County has allowed or maintained on
such lot or lands any growth of weeds or other rank vegetation to
a height over one foot or that noxious weeds, as defined herein, are
growing on lands within the County, written notice shall be served
upon the owner, lessee, agent, or tenant having charge of any lot
or lands within the County that weeds or other rank vegetation have
been allowed to grow to a height exceeding one foot and that such
weeds or other vegetation must be cut to a height not exceeding three
inches. If the owner or other person having charge of such lands is
a nonresident, notice shall be sent by regular United States mail
to his address as shown on the tax assessment rolls as maintained
by the Maryland Department of Assessment and Taxation. Mailing by
regular United States mail shall constitute adequate notice. In addition
such notice shall be posted on the lot or lands not less than fifteen
days prior to taking any further action and shall contain information
describing the nature of the violation, the anticipated corrective
action, and whom to contact for further information. If the address
of any owner or person having charge of such lot or lands cannot be
located after diligent search, posting of such notice on the lot or
land shall constitute adequate notice.
(2)
Any accumulation of animal or vegetable matter or manure that
is offensive by virtue of odors or vapors or by the inhabitation therein
of rats, mice, snakes or vermin of any kind which is or may be dangerous
or prejudicial to the public health.
A.
The provisions of this section pertaining to manure shall not
apply to legitimate agricultural land use unless said use is immediately
adjacent to a residential structure on another lot. In such cases,
manure cannot be stored within one hundred feet of the residential
structure.
(3)
Any placing, leaving, dumping or accumulation of rubbish, household
trash or junk causing or threatening to cause a fire hazard, or causing
the inhabitation therein of rats, mice, snakes, or vermin of any kind
or the accumulation of stagnant water causing or threatening to cause
the breeding of insects which is or may be dangerous or prejudicial
to the public health.
(4)
Other than as provided in Subsections (a)(4)A and B below, the
outdoor storage or accumulation of personal property occupying greater
than one hundred square feet of land area per parcel or lot, including
but not limited to the following: appliances, appliance parts, furniture,
linens, household goods, lawn mowers, auto, truck, boat, recreational
vehicle, motorcycle or bicycle parts, scrap metal, glass, scrap paper,
bicycles, wire, electrical or plumbing parts and fixtures, tools,
building supplies and materials not in storage for existing permitted
construction activity on the site.
A.
When the storage or accumulation of personal property as described
in Subsection (a)(4) above is visually screened from adjoining public
road rights-of-way and adjoining properties or contained wholly within
a completely enclosed structure, the storage or accumulation of personal
property may occupy greater than one hundred square feet of land area
per parcel or lot.
B.
The provisions of this subsection shall not apply to properties
utilized for bona fide agricultural purposes.
(5)
The deposit or accumulation of any foul, decaying or putrescent
substance or garbage, trash, rubbish or other offensive matter upon
the ground surface or in or upon any groundwater, abandoned well,
sewage system, bathing area, lake, pond, watercourse, ditch, drain,
gutter or tidewater, hole or pit.
(6)
The overflow of any foul liquids or sewage or the escape of
any sewage or sewage gas from any privy, cesspool, septic tank, subsurface
tile field or any other type of sewage system which is not connected
to a municipal sewage system; or any open cesspool or unsafe sewage
system.
[Amended 7-26-2005 by Bill No. 05-8]
(7)
A toilet or urinal in any public or quasi-public building which
is maintained in an unsanitary condition.
(8)
The accumulation or deposit of manure, human feces, garbage,
cannery wastes or by-products, feathers and poultry offal, carcasses
of animals or any form of filth.
(9)
A polluted or unsafe water system, well or spring or the pollution
of any well or spring.
[Amended 7-26-2005 by Bill No. 05-8]
(10)
Any premises having an unsafe sewerage system or facility, or
that is not provided with a suitable toilet or sanitary privy for
all persons gathering, working or living therein.
[Amended 7-26-2005 by Bill No. 05-8]
(11)
Any dilapidated, burned-out, fallen-down, ramshackled or decayed
structure or remnant thereof which is unattended and uninhabitable
or unusable for its intended purpose and is beyond reasonable hope
of rehabilitation or restoration. The Commissioners, in making a determination
of a nuisance condition under this subsection, shall consider the
historical significance of the structure and its danger or potential
danger to the public.
(12)
Any unattended and unprotected man-made hole, cave, crater,
cavity, pit or pool or similar surface condition which constitutes
or has the potential of becoming a hazardous area to the public because
of potential for cave-in, subsidence or collapse or because of an
accumulation of water.
(13)
The disposition of any animal carcass upon the surface of any
land, road or highway.
(14)
Such other similar conditions as the County Commissioners may
determine to be prejudicial or dangerous to the health or safety of
the people of the County or any of the above or similar conditions
as may be determined by the County Commissioners to be prejudicial
to property values in the County.
(b)
Procedure for determination of nuisance.
(1)
The County Commissioners shall, by resolution, designate County
departments or officials to investigate, determine the existence of
and issue citations for nuisances.
(2)
The County Commissioners or any department or official designated
to enforce this Subtitle may require that nuisance complaints be in
writing, signed by the complainant and contain such information as
may be necessary to locate and investigate the condition.
(3)
No complaint shall be necessary to institute the investigation
of a nuisance.
(4)
Departments and officials designated to enforce this Subtitle
shall cooperate with each other in sharing information and making
investigations.
(5)
The investigating department or official shall, after investigation,
determine whether or not a nuisance exists.
(c)
Violations.
(1)
Anyone permitting or maintaining a nuisance as determined hereunder
shall be guilty of a civil infraction.
(2)
Each day that a nuisance is permitted or maintained shall constitute
a separate infraction.
(3)
A property owner of property on which a nuisance exists, as
well as the person causing the nuisance, shall be guilty of such civil
infraction.
(4)
Nothing in this Subtitle shall prohibit the abatement of a nuisance
under any other legal procedure or relieve a person charged with a
civil infraction hereunder from liability under any other civil or
criminal enactment.
(d)
Notice. In addition to the penalties contained in Subsection (c) hereof, where it has been determined pursuant to Subsection (b)(5) hereof that a nuisance exists, the Department or official making such determination shall cause written notice to be sent to the property owner, as well as the occupant or other person in possession of the property in question, said notice to describe the nature of the nuisance and the actions necessary for correction. Such notice shall be sent by registered mail to the owners address as identified on the tax assessment rolls as maintained by the Maryland Department of Assessment and Taxation. If the address of any owner or person having charge of such lot or lands which is the subject of the nuisance cannot be located after diligent search or if the aforementioned notice by registered mail is not accepted or otherwise not deliverable, posting of such notice on the lot or land shall constitute adequate notice. Such notice shall be posted on the lot or lands not less than seven days prior to taking any further action and shall contain information describing the nature of the violation, the required corrective action, and whom to contact for further information.
[Added 11-16-2004 by Bill No. 04-11;[1] amended 5-18-2010 by Bill No. 10-4]
[1]
Editor's Note: This bill also redesignated former Subsection
(d) as Subsection (e).
[Amended 11-10-1987 by Bill No. 87-5; 8-2-1988 by Bill No. 88-6; 4-25-1989 by Bill No. 89-2]
(a)
County Commissioners may abate. The County
Commissioners may abate any nuisance so designated under this Subtitle.
(b)
Procedure. Where necessary corrections have
not been completed after the notice requirements as contained in §
PH 1-101(d) hereof have been fulfilled, any Department or official
charged with the enforcement of this subtitle may cause or request
abatement of any nuisance condition in accordance with the following:
[Amended 11-16-2004 by Bill No. 04-11; 5-18-2010 by Bill No. 10-4]
(1)
Where the Department has ascertained there to be a violation of the
provisions of § PH 1-101(a)(1) hereof and corrective actions
have not commenced after notice as provided for in § PH 1-101(d)
hereof, the Department may enter upon the premises and cut or otherwise
remove the overgrowth of vegetation in accordance with the standards
as set forth in § PH 1-101(a) hereof. All costs associated with
cutting and or removal of the vegetation, and a service fee, shall
be assessed in accordance with a fee schedule established by resolution
of the County Commissioners. The Department shall mail a statement
of charges promptly upon completion of the corrective action to the
owner of the premises. All such statements shall be due and payable
within thirty days of mailing and shall bear interest thereafter in
the same percentage as a delinquent County tax bill. Any unpaid and
delinquent statement shall become a lien upon all real estate and
personal property of the subject in the same manner as delinquent
taxes and a notation shall be made upon the tax records of the County
Finance Officer.
(2)
For all nuisance conditions which remain uncorrected after notice
as provided for in § PH 1-101(d) hereof, other than that
described in Subsection (b)(l) hereof, the appropriate Department
or official may request abatement of a nuisance.
(c)
Notice, order, hearing. After the receipt of a request
as described in Subsection (b)(2) hereof, the County Commissioners
shall notify, in writing, the owner of the property on which the nuisance
is located, as shown on the tax assessment rolls of the County as
maintained by the Maryland Department of Assessments and Taxation,
as well as the occupant or other person in possession of the property
in question, of the request for abatement and shall send to such person
an order requiring the prompt abatement of such nuisance within a
reasonable time, to be set in such order, which is to take into account
the nature of the nuisance. The notice shall afford the owner, occupant
or other person in possession of the premises the opportunity to be
heard by the County Commissioners within a reasonable time, to be
set in such order, which time shall take into account the nature of
the nuisance. Such notice shall be sent to the owner's address as
shown on the tax assessment rolls of the County as maintained by the
Maryland Department of Assessments and Taxation by registered United
States mail. If the address of any owner or person having charge of
such lot or lands cannot be located after diligent search, or if the
aforementioned notice by registered mail is not accepted or otherwise
not deliverable, it shall be sufficient to post such notice on the
lot or land. Such notice shall be posted on the lot or lands not less
than fifteen days prior to taking any further action and shall contain
information describing the nature of the violation, the anticipated
corrective action, and whom to contact for further information.
[Amended 11-16-2004 by
Bill No. 04-11; 5-18-2010 by Bill
No. 10-4]
(d)
Abatement by County.
(1)
In the event that such person does not abate any such nuisance
as prescribed hereby within the prescribed period of abatement or
does not appear before the County Commissioners and have such abatement
order rescinded by the County Commissioners within the time prescribed,
the County Commissioners may enter upon the premises and cause such
condition to be removed or otherwise remedied by such means as the
County Commissioners may deem most appropriate and expedient.
(2)
Any person, upon receipt of an abatement notice as prescribed
by this section, may, at any time up to the date on which such person
might have been heard with regard to an order to abate, request the
County, in writing, to abate such condition, provided that such request
states an affirmative agreement on the part of the requesting party
to pay the costs of such removal or abatement.
(e)
Cost of abatement. Any actual costs incurred
by the County in removing, abating or otherwise remedying any nuisance
as herein prescribed, including reasonable attorney's fees, shall
be charged to the owner of the land on which the nuisance existed
as well as all subjects of the civil infraction citation and shall
become a lien upon all real estate and personal property of the subject
of the civil infraction citation in the same manner as delinquent
taxes. In the case of a condominium or cooperative, the lien shall
be upon all of the individual units proportionally. It shall be the
duty of the County Finance Officer to mail a statement of such charges
to the persons responsible at the address shown on the tax assessment
rolls of the County or, in the case of no address on the assessment
roll, to the last known address. All such statements shall be due
and payable within thirty days from the date of receipt thereof and
shall bear interest thereafter in the same percentage as a delinquent
County tax bill. In the event that any such statement becomes delinquent,
a notation of the delinquency shall be made upon the tax records of
the County Finance Officer.
[Amended 7-26-2005 by Bill No. 05-8]
(f)
Emergency nuisances. If, upon receipt of a report pursuant to Subsection (b) hereof, the Commissioners determine that a nuisance constitutes an emergency situation presenting a clear and present danger to the health or safety of the public, the Commissioners may abate the nuisance pursuant to Subsection (d) hereof without notice or hearing; provided, however, that the Commissioners shall make a good-faith effort to informally contact the property owner or occupant of the premises or person in possession and provide a reasonable opportunity to be heard. The cost of abatement pursuant to Subsection (e) shall not be assessed against the property owner until after the property owner has been given a notice and a reasonable opportunity to be heard.
[Added 12-10-1985 by Bill No. 85-4]
(a)
Legislative intent. The County Commissioners
of Worcester County have determined:
(1)
That the coloration of the skin by the aid of needles or any
other instruments designed to touch, puncture or penetrate the skin
by improperly trained or unsupervised individuals or in unsanitary
facilities is dangerous to the health and general welfare of the community.
(2)
That the puncturing or penetrating of skin area that has rash,
pimples, boils, infections or other skin disorders or diseases can
cause a spread of the skin disorders or diseases which may result
in the communication of such skin disorders or diseases to other persons.
(3)
That the communication of disease poses a threat to the public
health, safety and general welfare.
(4)
That, in order to protect the public health, safety and general
welfare, it is necessary to regulate tattoo establishments.
(b)
CERTIFICATE OF INSPECTION
EMPLOYEE
HEALTH DEPARTMENT
OPERATOR
OSTEOPATH
PATRON
PHYSICIAN
TATTOO, TATTOOED AND TATTOOING
Definitions. Unless the particular provision
or the context otherwise requires, the definitions and provisions
contained in this section shall govern the construction, meaning and
application of words and phrases as used in this section.
The written approval from the Worcester County Health Department,
Department of Health and Mental Hygiene of the State of Maryland or
their designated representative that the tattooing establishment has
been inspected and meets all the requirements of this section relating
to physical facilities, equipment and layout for the operation of
a tattoo establishment.
Any person over eighteen years of age, other than an operator,
who renders any service in connection with the operation of a tattoo
establishment and receives compensation from the operator of the business
or its patrons.
The Worcester County Health Department, Department of Health
and Mental Hygiene of the State of Maryland, or its designated representative.
Any individual, firm, company, corporation or association
that owns or operates an establishment where tattooing is performed
and any individual who performs or practices the art of tattooing
on the person of another.
Includes any person authorized to practice osteopathic medicine
pursuant to the laws of the State of Maryland.
Any person over eighteen years of age who receives a tattoo
under such circumstances that it is reasonably expected that he or
she will pay money or give any other consideration therefor.
Includes any person authorized to practice medicine pursuant
to the laws of the State of Maryland.
Any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin with ink or any
other substance resulting in the coloration of the skin by the aid
of needles or any other instruments designed to touch, penetrate or
puncture the skin.
(c)
License and permit required.
(1)
No person shall engage in or carry on the business of operating
a tattoo establishment unless he has a valid permit issued by the
County Commissioners of Worcester County, Maryland, pursuant to the
provisions of this section.
(2)
No person except a physician or osteopath shall tattoo the body
of any other person or practice the art of tattooing upon the person
of another unless he has a valid license issued hereunder and is working
under the direction of and in the presence of a physician or osteopath.
No person shall tattoo the body of another person or practice the
art of tattooing except at a permitted tattoo establishment.
(d)
Application for tattoo establishment permit. Any person desiring a permit to operate a tattoo establishment shall
file a written application with the department designated by the County
Commissioners on a form furnished by the department. The applicant
shall accompany the application with a tender of the correct permit
fee, as hereinafter provided, and shall, in addition, furnish the
following:
(1)
The type of ownership of the business, i.e., whether individual,
partnership, corporation or other.
(2)
The name, style and designation under which the business or
practice is to be conducted.
(3)
The business address and all telephone numbers of the business
to be conducted.
(4)
The following personal information concerning the applicant,
if an individual, and concerning each stockholder holding more than
ten percent of the stock of the corporation, each officer and each
director, if the applicant is a corporation, and concerning the partners,
including limited partners, if the applicant is a partnership, and
concerning the manager or other person principally in charge of the
operation of the business:
A.
The name, complete residence address and residence telephone
number of the applicant and the supervising osteopath or physician.
B.
The two previous addresses immediately prior to the present
address of the applicant.
C.
Written proof of age.
D.
Height, weight and color of hair and eyes.
E.
Diploma, certificate or other written proof of graduation from
a recognized medical school by the person who shall be directly responsible
for the operation and management of the tattoo establishment and supervising
osteopath or physician.
F.
A certificate or other written proof that the supervising physician
or osteopath is authorized to practice medicine or osteopathic medicine,
as the case may be, within the State of Maryland.
(5)
Authorization for the County Commissioners, its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the permit.
(6)
Written declaration by the applicant, under penalty of perjury,
that the information contained in the application is true and correct,
with said declaration being duly dated and signed in the county.
(7)
The application shall contain the signatures of the applicant
and the physician or osteopath who shall be responsible for the operation
of the establishment.
(8)
Any other information as may be reasonably required to carry
out the purposes of this section.
(e)
Application for tattooing license. Any person
desiring a license to tattoo shall file a written application with
the department designated by the County Commissioners on a form to
be furnished by the department. The applicant shall tender with the
application the correct license fee, as hereinafter provided, and
shall, in addition, furnish the following:
(1)
The business address and all telephone numbers where the tattoo
establishment is to be operated.
(2)
The following personal information concerning the applicant:
A.
Name, complete residence address and residence telephone numbers.
B.
The two previous addresses immediately prior to the present
address of the applicant.
C.
Written proof of age.
D.
Height, weight and color of hair and eyes.
E.
Name, complete residence address and residence and all office
telephone numbers of the physician or osteopath who is to be in charge
of the tattoo establishment where the applicant intends to practice.
F.
A statement, in writing, on forms provided by the department,
from a physician, other than the physician or osteopath who is to
supervise the tattoo establishment, that he has examined the applicant
within thirty days of the date of the application and believes the
applicant to be free of all communicable diseases.
(f)
Review of application.
(1)
Upon receipt of a completed application for a permit or license
under this section, the department designated by the County Commissioners
shall review the application and shall conduct or cause to be conducted
an investigation of the premises or applicant which or who is the
subject of the application by the Health Department, for the purpose
of assuring that the premises comply with all of the requirements
set forth in this section and with all other requirements of law or
regulation.
(2)
Upon completion of the investigation, the Health Department
shall produce a written report with respect to the application and
transmit both the report and the application to the County Commissioners
for review and approval or denial. The report and application shall
be transmitted to the County Commissioners not later than ninety days
after the receipt of the application; provided, however, that the
ninety-day period may be extended by the County Commissioners for
good cause shown.
(g)
Approval or denial of application.
(1)
The County Commissioners shall approve or deny the application
within thirty days of receipt of the application and report, unless:
A.
The correct fee has not been tendered to the county and, in
the case of a check or bank draft, honored with payment upon presentation.
B.
The operation, as proposed by the applicant, if permitted, or
applicant, if licensed, would not comply with all applicable laws,
including but not limited to the county's business, zoning and
health regulations.
C.
The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the application or in any document required by
the County Commissioners in connection therewith.
D.
The applicant has operated a tattoo establishment or engaged
in tattooing and has had a permit or license denied, revoked or suspended
for any of the above causes by any state or local agency within two
years prior to the date of the application.
E.
The applicant, if an individual, or any of the officers and
directors, if the applicant is a corporation, or any of the partners,
including limited partners, if the applicant is a partnership, and
the manager or other person principally in charge of the operation
of the business is not over the age of eighteen years.
F.
The manager or other person principally in charge of the operation
of the tattoo establishment or charged with supervision is not a physician
or osteopath.
(h)
Display of licenses or permits. All tattoo
establishment permittees shall display their permits and all tattoo
licenses of those engaged at the establishment in an open and conspicuous
place on the premises of the tattoo establishment.
(i)
License and permit fees. License and permit
fees shall be set by resolution of the County Commissioners.
(j)
Revocation or suspension of license or permit. Any permit or license issued pursuant to this section shall be subject
to suspension or revocation by the County Commissioners for violation
of any provision of this section or for any grounds that would warrant
the denial of issuance of such permit or license; provided, however,
that the County Commissioners shall first afford the permittee or
licensee an opportunity to be heard upon reasonable notice in the
event of revocation or suspension; the County Commissioners shall
state reasons, in writing, specifying the particular grounds for such
revocation or suspension. A criminal conviction shall not be necessary
for a revocation or suspension. Any decision of the County Commissioners
with respect to suspension or revocation of a permit shall be final
and shall not be appealable.
(k)
Licenses and permits not transferable. No
license or permit granted hereunder shall be transferable, separable
or divisible.
(l)
Right of entry. Anyone accepting a tattoo
license shall be deemed to have granted the County Commissioners and
its agents an unrestricted and irrevocable right of entry to enter
upon and into the premises permitted to determine compliance herewith.
(m)
Expiration and Renewal. Licenses and permits
shall have a term of three years and must be renewed by the same procedure
as an initial issuance.
(n)
Health and sanitary requirements. Each tattoo
establishment shall comply with the following requirements:
(1)
The room in which tattooing is done shall have an area of not
less than one hundred square feet. The walls, floors and ceiling shall
have an impervious, smooth and washable surface.
(2)
A toilet and lavatory shall be located in the establishment
and shall be accessible to customers and employees at all times that
the tattoo establishment is open for business. It shall be supplied
with hot and cold running water, soap and sanitary towels.
(3)
All tables and other equipment shall be constructed of easily
cleanable material, shall be painted or finished and shall be separated
from waiting customers or observers by a panel at least six feet high
or by a door.
(4)
The entire premises and equipment shall be maintained in a clean,
sanitary condition and in good repair.
(5)
The physician or osteopath who shall apply the tattoo or the
person working under the direction of a physician or osteopath who
shall apply the tattoo shall wash his hands thoroughly with soap and
water before starting to tattoo. The hands shall be dried with individual,
single-use towels.
(6)
No tattooing shall be done on any skin surface that has a rash,
pimples, boils or infections or manifests any evidence of any other
unhealthy condition.
(7)
Safety razors with new, single-surface single-use blades for
each patron or a straight-edged razor may be used and shall be thoroughly
cleaned and sterilized before use on each customer or patron.
(8)
The area to be tattooed shall first be thoroughly washed for
a period of two minutes with warm water to which has been added an
antiseptic liquid soap approved by the Health Department. A sterile,
single-use sponge shall be used to scrub the area. After shaving and
before tattooing has begun, a solution of seventy percent alcohol
or an antiseptic approved by the Health Department shall be applied
to the area with a single-use sponge used and applied with a sterile
instrument.
(9)
Only petroleum jelly in collapsible metal or plastic tubes,
or its equivalent, as approved by the Health Department or its designated
representative, shall be used on the area to be tattooed, and it shall
be applied with sterile gauze.
(10)
The use of styptic pencils, alum blocks or other solid styptics
to check the flow of blood is prohibited.
(11)
Prior written inquiry shall be made, and anyone giving a history
of recent jaundice, hepatitis or AIDS shall not be tattooed.
(12)
Single-service or individual containers of dye or ink shall
be used for each patron, and the container therefor shall be discarded
immediately after completing work on a patron, and any dye in which
the needles were dipped shall not be used on another person. Excess
dye or ink shall be removed from the skin with an individual sterile
sponge or a disposable paper tissue which shall be used on only one
person and then immediately discarded. After completing work on any
person, the tattooed area shall be washed with sterile gauze, saturated
with an antiseptic soap solution approved by the Health Department
or its designated representative or a seventy-percent-alcohol solution
approved by the Health Department. The tattooed area shall be allowed
to dry, and petroleum jelly from a collapsible or plastic tube shall
be applied, using sterile gauze. A sterile gauze dressing shall then
be fastened to the tattooed area with adhesive.
(13)
All clean and ready-to-use needles and instruments shall be
kept in a closed glass or metal case or storage cabinet when not in
use. Such cabinets shall be maintained in a sanitary manner at all
times.
(14)
A steam sterilizer (autoclave) shall be provided for sterilizing
all needles and similar instruments before use on any patron. Alternate
sterilizing procedures may only be used when specifically approved
by the Health Department in writing. Sterilization of equipment shall
be accomplished in accordance with state regulations governing such
matters and at least by exposure to live steam for at least thirty
minutes at a minimum pressure of fifteen pounds per square inch at
a temperature of two hundred forty degrees Fahrenheit or one hundred
sixteen degrees Celsius.
(15)
The needles and instruments required to be sterilized shall
be so used, handled and temporarily placed during tattooing that they
will not be contaminated.
(o)
Records. Each tattoo establishment shall maintain
permanent records for each patron. Before the tattooing operation
begins, the patron shall be required personally to enter on a record
form provided for such establishments the date, his or her name, his
or her address, his or her age and his or her signature. The records
shall also provide that the patron has not had any jaundice, hepatitis
or AIDS and, if so, the date of such jaundice, hepatitis or AIDS.
Such records shall be maintained in the tattoo establishment and shall
be available for examination by the Health Department or their designated
representative. Such records shall be maintained by the tattoo establishment
for a period of not less than two years.
(p)
Report of infections. No patron having any
skin infection or other disease of the skin or any communicable disease
whatsoever shall be tattooed. All infections resulting from the practice
of tattooing which become known to the tattoo establishment shall
promptly be reported to the Health Department by the operator of the
tattoo establishment, and the infected patron shall be referred immediately
to a physician.
(q)
Pigments and dyes. All pigments, dyes, colors
and any other material used in tattooing shall be sterile and free
from bacteria, virus particles and noxious agents and substances,
and the pigments, dyes and colors used from stock solutions for each
patron shall be placed in a single-service receptacle, and such receptacle
and remaining solution shall be discarded after use on each patron.
(r)
Bandages and surgical dressings. All bandages
and surgical dressings used in connection with the tattooing of a
person shall be sterile.
(s)
Supervision. All tattooing shall be done by
or under the direct personal supervision of a physician or osteopath.
(t)
Certain persons prohibited on premises. No
tattoo establishment shall permit any person under the age of eighteen
years to come or remain on the premises of any tattoo establishment,
unless such person is on the premises on lawful business.
(u)
Certain persons prohibited to be tattooed. It shall be unlawful for any operator or employee to tattoo any
person under the age of eighteen years of age or any person under
the influence of alcohol, drugs or controlled dangerous substances.
(v)
Alcoholic beverages prohibited. No person
shall sell, give, dispense, provide, keep or cause to be sold, given,
dispensed, provided or kept any alcoholic beverage on the premises
of any tattoo establishment.
(w)
Applicability. This section shall apply only
in those areas of the county lying outside incorporated municipalities.
(x)
Violations and penalties. Any person, firm
or corporation violating any of the provisions of this section shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be fined not less than fifty dollars nor more than five hundred dollars
or imprisoned up to one hundred eighty days in jail, or both, for
each offense, and for the purposes of this section, a separate offense
shall be deemed to be committed on each day during or person on which
a violation occurs or continues. All permit holders shall be liable
for all violations occurring on the permittee's premises. All
supervising physicians and osteopaths shall be liable for all violations
occurring during their supervision. All licensees shall be liable
for all violations in which licensees participated.
[Added 5-9-1989 by Bill No. 86-8; amended 11-17-1998 by Bill No. 98-21]
(a)
DEPARTMENT
JUNK VEHICLE OR VESSEL
(1)
(2)
MAJOR ASSEMBLY COMPONENT
OPERATING CONDITION
OWNER OF RECORD
POSSESS
REGISTERED OWNER
VEHICLE
VESSEL
Definitions. As used in this section, the
following terms shall have the meanings indicated:
The county department charged by the County Commissioners
with the enforcement hereof.
Any vehicle which is without a current license plate or plates,
or any vessel which is without a valid certificate of number or a
valid use sticker and is in either a rusted, wrecked, discharged,
dismantled, partly dismantled, inoperative, or abandoned condition.
A "junk vehicle or vessel" shall be classified in one of two categories:
RESTORABLE- A junk vehicle or vessel that is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding the estimated value when repaired.
WRECK- A junk vehicle or vessel in such condition that it is economically unsound to restore the same to operating condition, considering the repairs to be made, age of the vehicle and market value of the vehicle if it were restored, or in such condition that the public officer determines that it warrants such classification.
Body, frame, engine assembly, transmission or rear axle assembly.
In a condition where the vehicle is capable of passing all
required tests and inspections imposed by the laws of the State of
Maryland for a vehicle to be operated in the State of Maryland or
in a condition where the vessel is capable of passing all required
tests and inspections imposed by the United States Coast Guard for
operation upon the water.
The owner of a parcel of land as reflected on the records
of the State Department of Assessments and Taxation for Worcester
County.
To have in one's possession. The owner of record of
a parcel of land shall be deemed to be in possession of any junk vehicle
or vessel or major assembly component thereof found thereon.
The owner of a junk vehicle as reflected in the records of
the Motor Vehicle Administration or the owner of a junk vessel as
reflected in the records of the Department of Natural Resources of
the State of Maryland or the United States Coast Guard.
A vehicle or part thereof that is defined as a vehicle under
the Transportation Article of the Annotated Code of Maryland.
A vessel or part thereof that is defined as a vessel under
the Natural Resources Article of the Annotated Code of Maryland.
(b)
Prohibition. Except as herein set forth, after
April 1, 1990, it shall be unlawful to possess any junk vehicle or
vessel or major assembly component in Worcester County for more than
thirty days in any one calendar year.
(c)
Applicability. This section shall not apply
in any of the following cases:
(1)
In the incorporated areas of Worcester County.
(2)
To any junk vehicle or vessel or major assembly component thereof
which is located in a properly zoned area in conjunction with a bona
fide legally maintained dealership, junkyard or repair facility or
on any property pursuant to a duly granted permit under § ZS1-328
of the Zoning and Subdivision Control Article of the Code of Public
Local Laws of Worcester County providing for transient uses.
(3)
To any junk vehicle or vessel or major assembly component thereof
which is maintained within a completely enclosed structure or completely
screened from view from any adjacent property or road by a fence or
other enclosure.
(4)
To the maintaining of not more than two restorable junk vehicles
or vessels in the rear yard of any lot located in any zone.
(5)
To any junk vehicle or vessel or assembly component thereof
for which a permit has been issued by the County Commissioners pursuant
to Subsection (i) hereof.
(d)
Procedure upon violation. The department shall,
upon detection of a violation hereof, proceed as follows:
(1)
Twenty days written notice shall be given to the owner of record
of the parcel on which the junk vehicle or vessel or major assembly
component thereof is located. A copy shall also be sent to the last
known registered owner of the junk vehicle or vessel or major assembly
component thereof, if known, to license, repair or remove the same,
and a copy of such notice shall be posted on the junk vehicle or vessel
or major assembly component thereof.
(2)
If the terms of this section are not complied with within the
twenty-day period as provided, the County Commissioners shall then
have the power and authority to take into custody and physically remove
the junk vehicle or vessel or major assembly component thereof by
towing or otherwise moving it to an open storage area provided by
the County Commissioners, where the junk vehicle or vessel or major
assembly component thereof shall remain for at least twenty days.
Neither the County Commissioners, the towing facilities utilized nor
the respective agents of each shall be held liable for any damage
or theft that may be incurred to said junk vehicle or vessel or major
assembly component thereof during the period of towing or storage.
(3)
During the twenty-day period the junk vehicle or vessel or major
assembly component thereof shall remain posted, the department shall
publish at least one notice in a newspaper of general circulation
in Worcester County identifying the junk vehicle or vessel by make,
year, model, serial number, color and owner's name (if known),
stating the location where stored and stating that the same will be
permanently disposed of unless reclaimed by the registered owner within
twenty days; and during the twenty-day period, the registered owner
shall be entitled to reclaim the junk vehicle or vessel or major assembly
component thereof by furnishing the County Commissioners sufficient
proof that he is the registered owner and that the junk vehicle or
vessel will be licensed or repaired, or both, as the case may require,
and by paying to the County Commissioners all towing charges, costs
of notice and storage costs, if any.
(4)
If the junk vehicle or vessel or major assembly component thereof
is not reclaimed within the twenty days, it shall be conclusively
presumed to be abandoned by its owner, and the failure of the owner
or lien holders to exercise their right to reclaim the junk vehicle
or vessel or major assembly component thereof within the time provided
shall be deemed a waiver by the registered owner and all lien holders
of all right, title and interest in the junk vehicle or vessel or
major assembly component thereof and shall constitute consent to the
County Commissioners to dispose of the junk vehicle or vessel or major
assembly component thereof by public or private sale, giving the same
to any person or junkyard or disposing of the same by any other reasonable
means.
(e)
Costs. In the event that a junk vehicle or
vessel or major assembly component thereof is not claimed by the owner
thereof and is disposed of in accordance with the provisions hereof,
the costs thereof shall be borne by the registered owner and owner
of record of the parcel from which the junk vehicle or vessel or major
assembly component thereof was removed. The costs shall include all
direct costs incurred by the County Commissioners in the removal,
towing and disposal of the junk vehicle or vessel or major assembly
component thereof, less any amount received by the County Commissioners
on account of the junk vehicle or vessel (if any). The costs shall
constitute a lien upon the real estate of the owner of record of the
parcel from which the junk vehicle or vessel or major assembly component
thereof was removed and shall be collectible in the same manner as
real estate taxes.
(f)
Penalties. Violation of the provisions of
this section shall constitute a civil infraction and shall be subject
to the provisions of the County Government Article of the Code of
Public Local Laws relating to civil infractions.
(g)
Right of entry. The Department shall have
all rights of entry necessary to effectuate the intent of this section.
(h)
Elimination program. The County Commissioners
may, by resolution, adopt procedures for the elimination of junk vehicles
or vessels or major assembly components thereof in Worcester County
which violate the provisions of this section. Such programs adopted
may provide for payments for junk vehicles or vessels and payments
for the reporting of junk vehicles or vessels or major assembly components
thereof.
(i)
Permits. The County Commissioners, pursuant
to applications upon forms provided by the County Commissioners, may
grant permits for possession of junk vehicles or vessels or major
assembly components thereof for a period of up to one year. Permits
shall be issued only for an owner or occupant of his property to permit
his vehicles or vessels for good cause such as sale, repair or restoration
and may not be extended or renewed. The cost of the permit shall be
set by resolution of the County Commissioners. Only one permit per
property shall be issued at any one time. No more than five permits
may be issued for any one property in any one calendar year.
[Added 3-12-1991 by Bill No. 91-5]
(a)
PUBLIC BUILDING
SMOKING OR TO SMOKE
Definitions. For the purposes of this section,
the following definitions shall apply:
Any structure owned or leased as lessee by the County Commissioners
of Worcester County, the Board of Library Trustees, the Worcester
County Sanitary Commission[1] and any other independent agency funded in whole or in
part by the County Commissioners of Worcester County, except the Worcester
County Board of Education.
Refers to the use of tobacco or tobacco products or derivatives
in combination with fire.
[1]
Editor's Note: The Sanitary Commission was abolished
by Bill No. 93-19.
(b)
Prohibition. It shall be unlawful for any
person to smoke in any public building in Worcester County, except
as permitted pursuant to this section.
(c)
Exceptions. The County Commissioners may,
by resolution, designate specific areas in public buildings in which
smoking may be permitted, pursuant to the terms of the resolution.
The Board of Library Trustees, the Worcester County Sanitary Commission[2] or any other independent agency subject hereto may permit
smoking in specific areas of public buildings under their respective
control by resolution of that body, provided that the resolution has
been first approved by the County Commissioners or provided that the
County Commissioners shall have given permission to such entity to
pass a resolution on such terms as such body may deem appropriate.
[2]
Editor's Note: The Sanitary Commission was abolished
by Bill No. 93-19.
(d)
Penalties. Violation hereof shall constitute
a civil infraction.
[Added 6-15-1993 by Bill No. 93-8]
(a)
LITTER
PUBLIC OR PRIVATE PROPERTY
Definitions. As used in this section, unless
the context clearly requires otherwise, the following words or phrases
shall have the following meanings:
All rubbish, waste matter, refuse, garbage, trash, debris,
dead animals or other discarded materials of every kind and description.
Includes the right-of-way of any road or highway, any body
of water or watercourse or the shores or beaches thereof, any park,
parking facility, playground, public service company property or transmission
line right-of-way, building, refuge or conservation or recreation
area, any residential or farm properties, timberlands or forests.
(b)
Littering prohibited. It shall be unlawful
for any person or persons to dump, deposit, throw or leave or to cause
or permit through neglect or by intent the dumping, depositing, throwing
or leaving of litter on any public or private property in Worcester
County or in any waters of Worcester County, unless:
(1)
Such property is designated by the county or by any other governmental
agencies for the disposal of such litter and such person is authorized
by the proper public authority to use such property;
(2)
Such litter is placed into a designated litter receptacle or
container installed on such property; or
(3)
Such litter is placed in a container or bag in a specified location
for the purpose of subsequent pickup by a licensed solid waste hauler.
(c)
Presumption of responsibility for violation. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of Subsection (b) of this section, and if the vehicle, boat, airplane or other conveyance has two or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, boat, airplane or other conveyance, if present, shall be presumed to be responsible for the violation; in the absence of the owner of the vehicle, boat, airplane or other conveyance, the operator shall be presumed to be responsible for the violation. Furthermore, any single accumulation or deposit of litter which shall have two or more items bearing a person's name or other indication of identification shall be considered prima facie evidence that said person deposited said litter and shall be presumed to be responsible for the violation.
[Added 2-20-2001 by Bill No. 01-2]
(a)
Legislative findings. The County Commissioners
of Worcester County have determined that:
(1)
The adornment of the human body by the use of needles or other
instruments or implements designed to puncture, scrape, burn, penetrate
or otherwise disrupt the skin or mucus membrane of a human being by
improperly trained or unsupervised individuals or in unsanitary facilities
is potentially dangerous to the health and general welfare of the
population and community and should be strictly regulated;
(2)
The branding, scarification or cutting of the skin for reasons
other than bonafide medical reasons performed by duly qualified medical
personnel, the long-term impacts of which are not entirely known,
is potentially dangerous to the health and general welfare of the
population and community and should be prohibited;
(3)
The communication of disease by such processes constitutes a
threat to public health, safety and general welfare;
(4)
In order to protect the public health, safety and welfare, it
is necessary to regulate body piercing establishments and persons
engaged in skin penetrating body adornment procedures;
(5)
Persons under the age of eighteen years should not be permitted
to submit to any skin penetrating body adornment procedure without
parental permission; and
(6)
As the governing body and Board of Health of Worcester County,
Maryland, they should enact these laws, regulations and requirements.
(b)
BODY PIERCER
BODY PIERCER LICENSE
BODY PIERCING ESTABLISHMENT
BRANDING
CERTIFICATE OF INSPECTION
CUTTING
EMPLOYEE
HEALTH DEPARTMENT
PARENT
PATRON
PERMIT
SCARIFICATION
SKIN PENETRATING BODY ADORNMENT PROCEDURE
Definitions. For the purposes of this section,
the following definitions shall apply:
Anyone who performs any skin penetrating body adornment procedure
whether for compensation or free of charge.
A license issued by the County Commissioners of Worcester
County, Maryland pursuant hereto.
A premises where skin penetrating body adornment procedures
are conducted.
The causing of a skin eruption in the form of a scar by the
use of a heated instrument or implement or caustic agents or any other
method intending to result in a scar.
The periodic written approval of the Worcester County Health
Department, Department of Health and Mental Hygiene of the State of
Maryland or their designated representatives that the body piercing
establishment has been inspected and meets all of the requirements
of this section as well as any other regulatory requirements relating
to physical facilities, equipment and layout for the operation of
a body piercing establishment.
The parting or slicing of the skin with a sharp instrument
or by any other method intending to result in a scar.
Any person other than a body piercer who renders any service
in connection with the operation of a body piercing establishment
and receives compensation from the operator of the establishment or
its patrons.
The Worcester County Health Department.
A natural or adoptive parent or other adult having legal
custody of a minor.
Any person who submits to a skin penetrating body adornment
procedure.
A permit for the operation of a body piercing establishment
issued by the County Commissioners of Worcester County, Maryland pursuant
hereto.
The cutting of the skin in such a way with the intent that
a scar will remain after the cut has healed.
Any process that involves piercing or entering the skin or
the mucus membrane of an individual for the purpose of inserting jewelry,
studs, bars, hooks, rings, or any other form of body decoration or
insertion of a foreign object. This definition shall not include puncturing
the skin for medical purposes by duly authorized medical personnel
and does not include the piercing of an ear lobe using a properly
disinfected ear piercing gun and single use sterile studs and clutches.
(c)
Prohibitions.
(1)
No person shall engage in any procedure on a human being which
constitutes branding, cutting or scarification.
(2)
No person shall engage in any skin penetrating body adornment
procedure on any person having a disease communicated by contact with
blood.
(3)
No person under the influence of drugs or alcohol shall submit
to any skin penetrating body adornment procedure nor shall any person
perform any skin penetrating body adornment procedure on any such
impaired person.
(4)
No person under the age of eighteen years shall submit to any
skin penetrating body adornment procedure nor shall any person perform
any skin penetrating body adornment procedure on such person without
written parental consent as set forth in this section.
(5)
No skin penetrating body adornment procedure shall be undertaken
by any person unless it is in strict compliance with this section
as well as all other applicable state, city and federal laws, regulations
or orders.
(6)
No person shall be engaged as a body piercer unless such person
has a valid license issued by the County Commissioners of Worcester
County, Maryland pursuant to the provisions of this section.
(7)
No person shall operate any body piercing establishment unless
approved as evidenced by a current certificate of inspection.
(8)
No skin penetrating body adornment procedure shall be undertaken
except in a body piercing establishment with a valid permit and certificate
of inspection.
(d)
Requirements - body piercing establishment permit.
(1)
Any person desiring to operate a body piercing establishment
shall file a written application with the Health Department on a form
prescribed by such Department. The applicant shall file the application
in person and tender with it the required permit fee as from time
to time established by the County Commissioners. While additional
information may be required to be furnished by the applicant as determined
by the Health Department, at a minimum, the application shall include
the following information:
A.
The correct legal name of the business and proof of its status
as a business entity.
B.
The style, name and designation under which the business is
to be operated.
C.
The business address and all telephone numbers of the business.
D.
The following personal information regarding the applicant who
will hold the license for the business, if an individual, or if the
applicant is a corporation, of each stockholder holding more than
ten percent of the ownership or stock, as well as each officer and
each director, or if the applicant is a partnership, the same information
on all partners, including limited partners. If the business is to
be managed by someone other than an owner, such information shall
also be provided with respect to the manager.
1.
The name, complete business address, all telephone numbers of
the business and residence address and all telephone numbers of the
applicant.
2.
Two immediately previous addresses.
3.
Written proof of age.
4.
Height, weight, color of hair and eyes.
5.
A floor plan showing the layout of the establishment.
(2)
The application shall authorize the Health Department and the
County Commissioners, their agents, and employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the application
for the permit.
(3)
The application shall provide written declaration by the applicant,
under penalty of perjury, that the information contained in the application
is true and correct. Said declaration shall be signed, dated and notarized
within Worcester County.
(4)
The Health Department, upon receipt of the application in proper
form and payment of all fees shall inspect the proposed premises for
which the permit is requested and, upon finding that the application
and premises are in order, issue the permit. No permit shall be issued
for any premises not meeting all requirements.
(5)
Permits must be renewed on an annual basis in accordance with
the same procedure as required for the issuance of a new permit.
(e)
Requirements - body piercer's license.
(1)
Any person desiring to obtain a license to engage in skin penetrating
body adornment procedures must be at least twenty-one years of age
and shall file a written application with the Health Department on
a form prescribed by the Health Department. In addition, the applicant
shall pay the license fee as from time to time established by the
County Commissioners and shall, in addition to any other information
required by the Health Department, furnish the following information:
A.
Business address and all telephone numbers where the body piercer
proposes to perform body piercing.
B.
Name, complete residence address and residence telephone numbers.
C.
Two immediately previous addresses.
D.
Written proof of age.
E.
Height, weight and color of eyes.
F.
Proof of required training.
(2)
When the Health Department finds the application to be in order,
and that the requirements hereof are complied with, it shall issue
the license. Where training is questionable, the Health Department
shall give the applicant a written test on matters for which the applicant
claims that he has been trained. The license shall not be issued unless
the applicant passes the test or unless the applicant's credentials
are such that the Health Department determines that it is unnecessary
to test the applicant.
(3)
Any applicant who can prove that they have been legally engaged
as a professional body piercer in Worcester County prior to September
30, 2000 shall be entitled to a license for a period ending June 30,
2001, without satisfying the educational requirements of Subsection
(f) hereof.
(4)
If determined reasonably available by the Health Department,
professional liability insurance in such amounts as the Health Department
may require (not to exceed $300,000 must be provided by all licensees.
(f)
Educational requirements for body piercer licensee.
(1)
The applicant shall have successfully completed forty hours
of apprenticeship training with a legally operating body piercer at
a duly licensed body piercing establishment or provide evidence of
comparable experience satisfactory to the Health Department.
(2)
The applicant shall have successfully completed a class provided
or approved by the Health Department of at least sixteen hours, including
instructions on blood borne pathogens, universal precautions, aseptic
techniques, and information on existing regulatory requirements.
(3)
The applicant shall have successfully completed and hold current
certification in Cardiopulmonary Resuscitation (CPR) Training and
First Aid Training, as approved by the Health Department.
(g)
Health and safety requirements for body piercing establishments.
(1)
All body piercing establishments must comply with all Worcester
County Zoning Ordinance Requirements, Occupational Safety and Health
Administration (OSHA) regulations and COMAR Regulations as well as
all other state, local and federal regulations. In addition, all body
piercing establishments must comply with the following:
A.
The establishment must have at least three rooms, including
a restroom, one room for procedures and one room used as a waiting
and recovery room. Each room must have heating and air conditioning
and must be in compliance with all applicable building code requirements.
The procedure room as well as the waiting and recovery room must each
measure at least fifty square feet in area. The procedure room may
not have an opening or window fronting on a public way or visible
to public or quasi-public view. Procedures shall not be available
to public or quasi-public view.
B.
Each establishment must have a piercing chair or table with
appropriate restraints suitable for piercing procedures. The piercing
chair or table must be smooth, cleanable and non-absorbent.
C.
Smoking and eating shall be prohibited in the procedure room.
D.
The procedure room must have a hand sink with hot and cold running
water, disposable towels, soap and appropriate refuse containers.
All rooms shall be separated by a wall at least six feet high with
doors.
E.
Only one observer shall be permitted in the piercing area other
than the duly licensed personnel or apprentices, the parent of a minor
patron, or any inspectors from the Health Department. No minor may
be an observer.
F.
A patron upon whom a procedure has been performed must remain
in the recovery room at least fifteen minutes after the procedure,
after which they shall be examined by a duly licensed body piercer
before being discharged.
G.
Patrons upon whom procedures have been performed shall receive
from the licensee a piercing care sheet approved by the Health Department
before being discharged.
H.
All equipment shall be sterilized and shall have ultrasonic
cleaning performed prior to sterilization.
I.
Each establishment shall be equipped with a sterilizer meeting
all applicable requirements. Each sterilizer shall have spore testing
performed each month and the results of such test shall be maintained
at the establishment and subject to inspection by the Health Department.
J.
Every patron undergoing a procedure shall sign a written consent
on a form approved by the Health Department and shall provide a photo
identification with proof of age. The original written consent and
a copy of the photo identification shall be maintained at the premises
and shall be subject to inspection by the Health Department.
K.
The entire premises and equipment must be maintained in a clean
and sanitary condition and in good repair. The entire premises and
equipment must be easily cleanable. A mop/utility sink must be provided
within the establishment.
L.
The establishment must have and display a current satisfactory
certificate of inspection.
M.
All body piercers performing skin penetrating body adornment
procedures at the establishment must have and display their current
license in a conspicuous location at the establishment.
N.
If determined reasonably available by the Health Department,
professional liability insurance in such amounts as the Health Department
may require (not to exceed three hundred thousand dollars must be
provided by the owner of the establishment.
(2)
In addition to the requirements set forth above, prior to performing
any skin penetrating body piercing adornment procedure on a patron
under the age of eighteen years, the body piercer shall obtain written
permission from a parent of the patron to perform the procedure. In
addition, written proof of the parent's status as a parent of
the patron shall be obtained under oath on a form approved by the
Health Department, including a photo identification of the parent
and proof of parental status, a copy of which shall be maintained
at the premises and shall be subject to inspection by the Health Department.
The parent granting permission must be physically present in the room
with the minor patron during the entire procedure and in the room
with a minor patron in the recovery period of fifteen minutes after
the procedure. Any person misrepresenting himself as a parent of a
patron under the age of eighteen for such purposes shall be in violation
hereof.
(h)
Administration.
(1)
The County Commissioners shall provide funding for the administration
of this law. Funding shall be obtained through license and permit
fees established by the County Commissioners in such amounts that,
based upon budgeted estimates, they will fully support the administration
of this section.
(2)
The County Commissioners may set time periods for the filing
of applications for permits and licenses under this section.
(3)
All forms, including permission slips, records of piercing activities,
rights of entry, and permission documents, shall be subject to the
approval of the County Commissioners and the Health Department.
(4)
Permits and licenses shall be issued on an annual basis.
(i)
Inspections.
(1)
All permitted establishments shall be subject to such periodic
inspections as the Health Department or the County Commissioners deem
necessary to ensure compliance with the provisions of this section.
Any person accepting a permit or license shall be deemed to have granted
an unrestricted right of entry to any duly designated inspector for
the County and the Health Department.
(2)
After each inspection, an inspection report shall be issued.
If establishment is not in compliance, its permit may be suspended
or revoked.
(3)
The license of a body piercer may be revoked or suspended for
providing services at an unlicensed premises or at a premises not
in compliance herewith.
(4)
If a permit or license is suspended or revoked, the holder shall
be entitled to a hearing with the Health Department within ten days
from the date of request by the holder. Requests for a hearing with
the Health Department must be filed by the holder within thirty days
of the permit suspension or revocation. After the hearing with the
Health Department, the holder shall be entitled to an appeal of the
Health Department's decision to the County Commissioners within
thirty days from the date of request by the holder. Requests for an
appeal to the County Commissioners must be filed by the holder within
ten days of notification of the decision of the Health Department
as a result of the hearing.
(5)
Revocations and suspensions are at the discretion of the Health
Department.
(6)
All establishments, established after the effective date of
this law, are required to undergo a plan review process.
(j)
Violations and penalties.
(1)
Any person, firm or corporation violating the provisions of
this section shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than five hundred dollars or more
than one thousand dollars and/or imprisoned for a period of up to
one hundred eighty days in jail for each offense. For the purposes
of this section, a separate offense shall be deemed to be committed
for each violation. Permit holders shall be liable for all violations
occurring on the permitted premises. Any person who has been convicted
of a violation hereof may be denied a license or permit.
(2)
In addition to the criminal penalties hereunder, any person
who violates the provisions hereof shall be subject to civil suit.
(3)
In addition to the criminal and civil penalties hereunder, any
person who violates the provisions hereof shall be subject to revocation
of their permit or license and shall also be subject to the denial
of future licenses or permits.
(k)
Application of law.
(1)
Provisions of this law shall be applicable throughout Worcester
County including areas within any incorporated municipality; provided,
however, that a municipality may exempt itself from the provisions
hereof by acting in accordance with its charter and code.
(2)
This section shall be administered by the Health Department.
Law enforcement agencies shall be authorized and empowered to assist
in the administration and enforcement of this section.
(3)
This section is a Public Local Law of Worcester County and also
a regulation of the Worcester County Board of Health.
[Added 9-18-2001 by Bill No. 01-13]
(a)
Legislative findings. The County Commissioners
have determined that:
(1)
Nightclubs, while a legitimate form of entertainment and important
to the economy of the County pose certain dangers that must be guarded
against.
(2)
Nightclubs with alcoholic beverage licenses are to a large degree
controlled by the Board of License Commissioners by the licensing
procedure and by regulations and limitations placed on their licenses.
(3)
Nightclubs not holding alcoholic beverage licenses are not controlled
by the Board of License Commissioners and therefore can be fraught
with uncontrolled public health and safety hazards including, without
limitation, overcrowding, public drunkenness, motor vehicle dangers
from late night activities as well as uncontrolled use of alcoholic
beverages and controlled dangerous substances, exhaustion, lewd and
lascivious behavior, abuse and harassment, and other health and safety
dangers over which the County Government has little control absent
the authority of the Board of License Commissioners.
(4)
It is in the best interest of the people of Worcester County
and the sojourners therein that dry nightclubs as herein defined be
licensed and regulated.
(b)
DEPARTMENT
DRY NIGHTCLUBS
MINOR
NIGHTCLUB
PREMISES
Definitions. For the purposes of this section
the following definitions shall apply:
The County department charged with the administration and
primary enforcement of this section.
An establishment in which the primary use is as a gathering
place for people regardless of age limitations for purposes of entertainment,
dancing, social discourse and other social activities in the nature
of those generally associated with social clubs, nightclubs, dance
halls and after hours clubs as defined in American culture by historical
experience and having hours of operation during the period between
5:00 p.m. and 5:00 a.m. but not including the following bonafide uses:
catering halls, theaters, schools, service clubs, fraternal lodges,
veteran's organizations or churches, clubs or establishments
holding alcoholic beverage licenses. For the purposes of this section
a "catering hall" shall mean an establishment open and available on
a periodic basis for special events, including without limitation
weddings, receptions, business meetings, religious ceremonies, celebrations,
banquets, seminars, conferences and lectures. For the purposes of
this section a "restaurant" shall mean an establishment wherein the
primary business is the sale and consumption of solid food. For the
purposes of this section a "theater" shall mean an establishment wherein
the primary business is the presentation of movies, live performances
or video presentations to seated audiences with incidental music and
without dancing. The Department shall make the determination of what
constitutes a dry nightclub.
Any individual under the age of eighteen years.
Any establishment not fitting the definition of a dry nightclub
in which the primary use is the sale of alcoholic beverages and which
provides entertainment and/or an area for dancing.
The entire parcel upon which a dry nightclub is located and
any other parcels used in conjunction therewith.
(c)
License required. The following license requirements
shall apply:
(1)
No person shall engage in or carry on the operation of a dry
nightclub unless he has a valid license issued by the County Commissioners
of Worcester County, pursuant to the provisions of this section.
(2)
No person shall engage in or carry on the business of operating
a nightclub other than a dry nightclub unless he has the appropriate
license from the Board of License Commissioners. Other than as required
by this subsection, the provisions of this section shall only apply
to dry nightclubs.
(3)
A dry nightclub license shall be issued to an individual or
business entity and shall license one specific premises. In the event
a partnership or limited liability company is the licensee, then all
partners and members must be licensed. In the event a corporation
is the licensee, all officers, directors and any shareholder owning
more than ten percent of the stock must be licensed. All licensees
shall be strictly liable for all violations hereof. Any person having
a financial interest in the dry nightclub or premises must be a licensee
unless a minority share holder (less than ten percent of a corporation.
(d)
Application for license. Any person desiring
a license to operate a dry nightclub shall file a written application
with the Department on a form furnished by the Department. The applicant
shall accompany the application with the correct license fee as from
time to time established by resolution of the County Commissioners
and shall in addition furnish the following information:
(1)
The type of business, i.e., whether individual, partnership
or other.
(2)
The name, style and designation under which the business is
to be conducted.
(3)
The business address and all telephone numbers of the business.
(4)
The tax map, parcel and lot number and the physical address
of the property at which the dry nightclub is proposed to be operated.
(5)
A site plan of the property on which the business is proposed
to be conducted. In the case of a proposed building or structure the
site plan shall include all information as required by § ZS
1-325(e) of the Zoning and Subdivision Control Article of this Code.
In the case of a proposed conversion of an existing building or structure,
the site plan shall be prepared as follows and contain the following
information:
A.
Site plans shall be prepared at a scale of one inch equals fifty
feet or larger. No sheet shall exceed twenty-four by thirty-six inches
in size.
B.
A site plan may be prepared on one or more sheets to show clearly
the information required by this section and to facilitate the review
and approval of the plan. If prepared on more than one sheet, match
lines shall clearly indicate where the several sheets join.
C.
When more than one sheet is required to cover the entire project,
a common sheet, general in nature, shall be provided, which shall
show all individual sheets of an application in proper relationship
to each other.
D.
Ten clearly legible copies of a site plan shall be submitted
to the Department to be reviewed. Ink or pencil notations/revisions
will not be accepted on prints. Once reviewed and approved, ten clearly
legible copies of the site development plan shall be submitted to
the Department.
E.
Profiles must be submitted on standard plan profile sheets.
Special studies, as required, may be submitted on standard cross-section
paper and shall be at an appropriate scale. No sheet size shall exceed
twenty-four by thirty-six inches in size.
F.
All horizontal dimensions shown on the site plan shall be in
feet and decimals of a foot to the closest one-tenth of a foot and
all bearings in degrees, minutes and seconds to the nearest ten seconds,
minimum accuracy.
G.
The location, width, size and intended purposes of all easements
and rights-of-way and whether they are to be publicly or privately
maintained.
H.
The following data relative to all existing and proposed streets:
location, width, names, curve data, grades and sight distances at
intersections.
I.
The location of any proposed refuse removal pads. Such pads
shall be outside of public rights-of-way, shall be fenced and shall
not conflict with normal traffic circulation on or off the site.
J.
The total acreage of the tract, the area of all structural improvements,
including parking and incidental structures, the dimensions of the
building footprint and the floor area of the building and the square
footage of area dedicated for each use within the building.
K.
Such additional data, drawings or documentation as deemed necessary
by the Department.
(6)
The following personal information concerning the applicant,
if an individual, and concerning each stockholder holding more than
ten percent of the stock of the corporation, each officer and each
director, if the applicant is a corporation, and concerning the partners,
including limited partners, if the applicant is a partnership, and
concerning the manager or other person principally in charge of the
operation of the business:
A.
The two previous addresses immediately prior to the present
address of the applicant.
B.
Written proof of age.
C.
Height, weight and color of hair and eyes.
D.
A color, full face view photograph, no smaller than three inches
by five inches taken not more than sixty days prior to submission
of the application.
E.
Written declaration by the applicant as to the existence of
any prior conviction of a crime or misdemeanor.
F.
A completed fingerprint card (Maryland Department of Public
Safety and Correctional Services Form CJIS-011, or its successor).
(7)
Authorization for the County Commissioners, its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the license and to make site inspections of the
premises.
(8)
Written declaration by the applicant, under penalty of perjury,
that the information contained in the application is true and correct,
with said declaration being duly dated and signed in the County.
(9)
The application shall contain the signatures of all applicants.
(10)
Any other information as may be reasonably required to carry
out the purposes of this section.
(e)
Review of application. Upon receipt of a completed
application for a license under this section:
(1)
The department designated by the County Commissioners shall
review the application and shall conduct or cause to be conducted
an investigation of the premises and applicant which or who is the
subject of the application by the Health Department, Fire Marshal,
Development Review and Permitting, Sheriff's Department, State's
Attorney, and any other agency as determined by the Department for
the purpose of assuring that the premises comply with all of the requirements
set forth in this section and with all other requirements of law or
regulation.
(2)
Upon completion of the investigation, each agency shall produce
a written report with respect to the application and transmit both
the report and the application to the County Commissioners for review
and approval or denial. The report and application shall be transmitted
to the County Commissioners no later than ninety days after the receipt
of the application; provided, however, that the ninety-day period
may be extended by the County Commissioners for good cause shown.
(3)
The County Commissioners shall conduct a public hearing with
regard to the application upon not less than thirty days newspaper
notice and notice via certified mail to all property owners within
one thousand two hundred feet of the property line of any parcel constituting
or used in connection with the premises. All advertising and notices
shall be at the applicant's expense.
(f)
Approval or denial of application. The County
Commissioners shall approve or deny the application within sixty days
of the hearing, unless any of the following apply:
(1)
The correct fee and all costs have not been tendered to the
County.
(2)
The operation, as proposed by the applicant, if permitted, or
applicant, if licensed, would not comply with the provisions of this
section, all applicable laws, including but not limited to the County's
business, zoning, health and fire regulations.
(3)
The applicant has made any false, misleading or fraudulent statement
of fact in the application or in any document required by the County
Commissioners in connection therewith.
(4)
The applicant has operated a dry nightclub or engaged in a nightclub
business that has had any license, including an alcoholic beverage
license, denied, revoked or suspended for any reason by any state
or local agency within five years prior to the date of application.
(5)
The applicant, if an individual, or any of the officers and
directors, if the applicant is a corporation, or any of the partners,
including limited partners, if the applicant is a partnership, and
the manager or other person principally in charge of the operation
of the business is not over the age of eighteen years.
(6)
The manager or other person principally in charge of the operation
of the dry nightclub is found to be unsuitable or incapable of managing
the operation.
(7)
All other approvals, permits and licenses are not in place.
(8)
The location, design, plan and premises are unsuitable on account
of posing a threat to the health, safety and welfare of the County.
(9)
Any other requirement is not or cannot be met.
(10)
No excessive traffic congestion will result from the issuance
of the license.
(11)
Any other valid public health or safety reason as determined
by the County Commissioners.
(g)
Display of license. All dry nightclub licensees
shall display their licenses in an open and conspicuous place on the
premises and shall also provide a sign no smaller than eleven inches
by seventeen inches with lettering no smaller than one-half inch in
height at the door outside of the establishment listing the licensee,
his or her name, address, telephone number and a current photo no
smaller than eight inches by ten inches.
(h)
License and registration fees. License and
registration fees shall be set by resolution of the County Commissioners.
(i)
Revocation and suspension of license. Any
license issued pursuant to this section shall be subject to suspension
or revocation by the County Commissioners for violation of any provision
of this section or for any grounds that would warrant the denial of
issuance of such license; provided, however, that the County Commissioners
shall first afford the licensee an opportunity to be heard upon reasonable
notice. In the event of revocation or suspension, the County Commissioners
shall state reasons, in writing, specifying the particular grounds
for such revocation or suspension. A criminal conviction shall not
be necessary for a revocation or suspension. Any license issued pursuant
to this section may be summarily suspended pending a hearing by the
Department or by the Worcester County Health Department or the department
where imminent danger to the public health or safety exists. Any decision
of the County Commissioners with respect to suspension or revocation
of a license shall be final and shall not be appealable.
(j)
Licenses not transferrable. No license granted
hereunder shall be transferable, separable or divisible.
(k)
Right of entry. Anyone applying for or accepting
a dry nightclub license shall be deemed to have granted the County
Commissioners and its agents an unrestricted and irrevocable right
of entry to enter upon and into the premises at any time permitted
to determine compliance herewith or eligibility for licensure.
(l)
Expiration and renewal. Licenses shall have
a term of one year and must be renewed by the same procedure as an
initial issuance.
(m)
Standards for dry nightclub premises. The
following standards, the observance of which shall be the strict responsibility
of all licensees, shall apply to all dry nightclub premises and buildings.
(1)
Every dry nightclub premises must comply with all fire, health,
building code, and any other regulatory requirements imposed by law
or regulation.
(2)
The maximum occupancy of a dry nightclub including employees
shall be the most restrictive occupant load as determined by the various
codes having jurisdiction. The limitation on number of persons shall
be clearly posted and shall appear in the license. Falsification of
such information shall be a violation hereof. Occupancy loads may
not be exceeded.
(3)
Security guards capable of crowd control shall be provided on
a ratio of one guard for every 20 occupants as determined in Subsection
(m)(2) above.
(4)
Smoking of tobacco products shall be prohibited in all dry nightclubs.
(5)
Contests, exhibitions, shows or demonstrations involving the
display of the human body in such a manner as to titillate, excite
or entertain the patrons or to promote any type of goods or services
shall be prohibited in all dry nightclubs.
(6)
The following rules of conduct, the observance of which by all
persons on a dry nightclub premises shall be the strict responsibility
of the licensee, shall apply to all dry nightclubs.
A.
Attire and conduct. With respect to attire and conduct, a person
may not:
1.
Be employed in or upon the premises while the person is unclothed
or in attire, costume or clothing so as to expose to view any portion
of the female breast below the top of the areola or of any portion
of the pubic hair, anus, cleft of the buttocks, vulva or genitals;
2.
Be employed or act as a host or act in a similar-type capacity
to mingle with the patrons while the host or person acting in a similar-type
capacity is unclothed or in attire, costume or clothing as described
in Subsection (m)(6)A1 of this section;
3.
Encourage or permit any person on the premises to touch, caress
or fondle the breasts, buttocks, anus or genitals of any other person;
or
4.
Permit any employee or person to wear or use any device or covering
exposed to view, which simulates the breast, genitals, anus, pubic
hair or any portion of it.
B.
Entertainment provided generally. With respect to entertainment
provided, a person may not:
C.
Motion pictures, still pictures, electronic or other visual
reproductions. A person may not exhibit or show any motion picture
film, still picture, electronic reproduction or other visual reproduction
depicting:
1.
Acts or simulated acts of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation or any sexual acts
which are prohibited by law;
2.
Any person being touched, caressed or fondled on the breast,
buttocks, anus or genitals;
3.
Scenes where a person displays the vulva or anus or the genitals;
or
4.
Scenes where artificial devices or inanimate objects are employed
to depict, or drawings are employed to portray, any of the prohibited
activities described above.
D.
Persons exposing genitalia, etc. A person may not permit any
person to remain in or upon the licensed premises who exposes to public
view any portion of his genitals or anus.
E.
Effect of other statutes, ordinances, rules or regulations.
The provisions of this section do not permit any conduct or form of
attire prohibited by any other provision of statute, ordinance, rule
or regulation.
(7)
Any dry nightclub premises must be completely enclosed and sound-proofed
so that undue, loud or disturbing sounds are not emitted off of the
premises. No activity shall be permitted outside the building other
than parking, ingress and egress.
(8)
Patrons will not be permitted to congregate within the parking
lot. All parking lots shall be designed, maintained and lit in such
a way as to maximize visibility of both the patrons and their vehicles.
(9)
Outside speakers, displays, performance barkers, either live
or electronic, are prohibited.
(10)
Premises must be maintained in a sanitary condition at all times
and shall be open to Worcester County Health Department inspections
at all times.
(11)
No dry nightclub building shall exceed two thousand five hundred
square feet in gross floor area in size. No more than one dry nightclub
may be located on a single parcel or lot.
(12)
Any existing buildings proposed to be used as a dry nightclub
shall conform to all lawfully adopted building, fire, safety and health
codes as if a new building, not withstanding the provisions of any
such code with respect to provisions for existing buildings.
(13)
No dry nightclub license will be granted for a premises where
the granting of license could result in excessive traffic congestion
or off-site parking.
(14)
No common law nuisance shall be permitted on any dry nightclub
premises.
(15)
Every dry nightclub premises shall have adequate solid waste
disposal facilities.
(16)
Loitering outside of the building on any dry nightclub premises
shall not be permitted at any time.
(17)
No common law nuisance shall be permitted.
(18)
All laws, regulations, orders of the County, state and federal
government shall be strictly complied with.
(n)
Hours of operation - sole use. The following
requirements shall apply to all dry nightclubs with respect to use
and hours of operation.
(1)
A dry nightclub may only be open for business between the hours
of 5:00 p.m. and 2:30 a.m.
(2)
No minor can shall be permitted on the premises of a dry nightclub
between the hours of 12:00 a.m. and 3:00 a.m.
(3)
At a time no later than 2:30 a.m. the premises must be completely
clear of patrons and the only persons allowed thereon shall be bonafide
employees engaged in cleaning the premises or other bonafide employment
duties.
(4)
A premises devoted to a dry nightclub may not be used for any
other purpose.
(o)
Records. Each dry nightclub shall maintain
truthful and accurate permanent records detailing the number of people
who enter the dry nightclub each evening and the number of people
found at any one time on the premises. Records shall be open to inspection
by the County at all times.
(p)
Alcoholic beverages and controlled dangerous substances. No alcoholic beverages of any kind shall be permitted upon the premises,
including the parking area of a dry nightclub and the licensee thereof
shall be strictly liable for the enforcement of this prohibition.
No controlled dangerous substances or illegal drugs shall be permitted
upon the premises, including the parking area of a dry nightclub,
and the licensee thereof shall be strictly liable for the enforcement
of this prohibition.
(q)
Weapons and firearms. It shall be illegal
to permit or possess any weapon, firearm or explosive device on any
dry nightclub premises, and the licensee shall be strictly liable
for the enforcement of this prohibition.
(r)
Applicability. The provisions of this section shall apply
only in those areas of the County lying outside incorporated municipalities.
The regulatory provisions hereof shall apply only to dry nightclubs.
(s)
Laws observed. Any violation of any law on
a dry nightclub premises shall be a violation hereof and of any license
issued pursuant hereto.
(t)
Violations, penalties and regulation.
(1)
Any licensee, person, firm or corporation violating any of the
provisions of this section, including all licensees, shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined
not less than five hundred dollars and no more than two thousand five
hundred dollars or imprisoned up to one hundred eighty days in jail,
or both, for each offense and for the purposes of this section a separate
offense shall be deemed to be committed on each day during which a
violation occurs or continues. All license holders shall be strictly
liable for all violations occurring on the licensee's premises.
Violations hereof shall also be grounds for revocation or suspension
of any license.
(2)
Where a violation is found and a revocation or suspension imposed,
the licensee may, if so ordered, be required to pay the costs of enforcement
incurred in prosecuting the violation prior to reinstatement of the
license, including any actual expenditure reasonably related to the
investigation, enforcement and prosecution of the violation.
(u)
Status as a law and regulation. This section
is a Public Local Law of Worcester County and also a regulation of
the Worcester County Board of Health.
[Added 12-18-2007 by Bill No. 07-5]
(a)
ADULT BOOK OR VIDEO STORE
ADULT ENTERTAINMENT OR MATERIAL
(1)
(2)
A.
B.
(3)
(4)
ADULT-ORIENTED BUSINESS
(1)
(2)
CODE
DEPARTMENT
NUDITY
(1)
(2)
(3)
PARTIAL NUDITY
SADOMASOCHISTIC ABUSE
SIGNIFICANT AMOUNT (as relates to adult entertainment or materials)
(1)
(2)
(3)
VIEWING BOOTH
Definitions. For the purposes of this section,
the following definitions shall apply:
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 abuse, physical contact or attempted contact with
clothed or unclothed genitals, pubic areas, buttocks, anus, or female
breasts; or
That consists of sexual 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,
dry nightclub, modeling studio, bar, restaurant, club, lodge, or similar
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-per-view
devices, including, but not limited to, the operation of an adult
book or video store or viewing booth.
The Code of Public Local Laws of Worcester County, Maryland.
The County department designated by the County Commissioners
to administer and enforce this section.
This term includes the following:
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 showing of the 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:
Any act or depiction of nude or partially nude humans engaged
in:
At least twenty percent 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 twenty percent 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 twenty percent 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.
(b)
Required conditions of operation. In addition
to any other requirement of any other law, rule, or regulation of
Worcester County, Maryland:
(1)
An adult-oriented business shall ensure that at least one employee
is on duty at each management station required pursuant to this § PH
1-109 at any time any not-on-duty employee or any customer, patron,
or visitor is within the premises of the adult-oriented business.
(2)
An adult-oriented business shall ensure that all lighting required
pursuant to this section § PH 1-109 is illuminated at any
time any person other than an on-duty employee is within the premises.
(3)
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 § PH 1-109, or of any other law, rule,
or regulation adopted by Worcester County.
(4)
An adult-oriented business:
A.
Shall have at least one management station in each building.
B.
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.
C.
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.
D.
Shall have lighting illuminating 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.
E.
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 devices that monitor
the exterior portions of the premises from a management station.
F.
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.
G.
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
(b)(4)F].
H.
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.
I.
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.
J.
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.
K.
Shall 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, or solid waste deposit/processing by bona fide employees
and patrons of the business.
L.
Shall not alter or permit to be altered the configuration of
any management station required pursuant to this § PH 1-109
and depicted on an approved site plan without the submittal to, and
approval by the County of, a new site plan.
(5)
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.
(6)
An adult-oriented business shall, at all times that it is open,
have at least one manager on duty who is responsible for maintaining
compliance with all of the conditions and requirements of this § PH
1-109.
(7)
An adult-oriented business shall be responsible for maintaining
compliance with all of the conditions and requirements of this section
§ PH 1-109 at all times. An adult-oriented business shall
maintain with the Department, and shall post in a clearly marked area
within the adult-oriented business, the name, phone number, and street
address of at least one individual designated to receive any official
notices or communications from the County, including the acceptance
of any civil citation issued pursuant to this § PH 1-109.
(c)
Prohibited conduct, contact or activities.
(1)
Nudity and partial nudity.
A.
Other than during a performance in accordance with Subsection
(c)(1)B 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 show person 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.
(2)
Certain physical contact prohibited.
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, whether performing or engaging
in an artistic or expressive dance, performance, display, exercise
or otherwise, 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 show person 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 it 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 the 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.
(3)
Other prohibited conduct or activities.
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 abuse, 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 any owner or operator of an adult-oriented
business to encourage, allow, or permit any person, in, on, or about
the interior or exterior of an adult-oriented business to commit or
participate in any of the acts prohibited under this section.
G.
It shall be unlawful for any adult-oriented business to allow
in, on, or about its premises any person under the age of eighteen
years.
(d)
Inspections. The Department shall periodically,
but not less than annually, inspect the premises of every adult-oriented
business to ensure compliance herewith.
(e)
Penalties.
(1)
Each violation of any provision of this section shall constitute
a separate violation and shall constitute a civil infraction for which
a civil citation providing for a fine in an amount up to five hundred
dollars for the first offense and up to one thousand dollars for repeat
offenses, in accordance with § GP 5-102 of the Code of Public
Local Laws of Worcester County, Maryland, as from time to time amended.
Such citations for civil infractions may be issued to each and every
person who engages in or commits such violation, including but not
limited to the owner of the adult-oriented business, the on-duty manager
of the adult-oriented business, and any employee or agent of the adult-oriented
business who committed or participated in such violation or otherwise
took no action to stop or deter such violation from occurring or from
continuing.
(2)
In addition to the foregoing provisions of § PH 1-109(e)(1)
above, any adult-oriented business at, in, or on which any violations
of the pertinent legislation have occurred on five different days
within any twelve-month period shall be deemed to be a public nuisance
and the certificate of occupancy of such adult-oriented business may
be revoked by the Department.
(f)
Preemption. To the extent the provisions of
this section are preempted by any otherwise applicable provision of
Article 2B of the Annotated Code of Maryland, as from time to time
amended, 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 section shall not be preempted by any criminal
statute and the violations of the provisions of this section are and
shall be deemed to be civil infractions. To the extent that the provisions
of § PH 1-108 of this Code shall provide for the regulations
of structures, businesses, operations, or conduct specifically provided
for in this section, as to adult-oriented business, the provisions
of this section shall apply.
