[HISTORY: Adopted by the Board of Supervisors of Carroll County 1-9-2007. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT BUSINESS
- Any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons.
- ADULT ENTERTAINMENT
- Dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
- ADULT MERCHANDISE
- Magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia either designed as representatives of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs; or lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.
- ADULT MODEL STUDIO
- A commercial establishment, including a lingerie store or novelty store, in which a person performs or simulates specified sexual activities, exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons.
- ADULT MOTEL
- A motel, hotel, or similar commercial establishment that:
- A. Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
- B. Offers a sleeping room for rent for a time period of less than 10 hours; or
- C. Allows a tenant or occupant to subrent the sleeping room for a time period of less than 10 hours.
- ADULT MOTION-PICTURE THEATER
- An enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding motion pictures that have been rated "G," "PG," "PG-13" or "R" by the Motion Picture Association of America.
- ADULT NIGHTCLUB
- A restaurant, bar, club, or similar establishment that regularly features adult entertainment.
- ADULT STORE
- An establishment having adult merchandise as a substantial or significant portion of its stock-in-trade.
- An individual working or performing services for any adult business, including any independent contractor who provides services on behalf of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or tips of any kind, or pays the permittee or manager for the right to perform or entertain in the adult business.
- LIVE ENTERTAINMENT
- Entertainment provided in person, including, but not limited to, musical performances, music played by disc jockeys, public speaking, dramatic performances, dancing, modeling, or comedy performances.
- SPECIFIED ANATOMICAL AREAS
- Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
- SPECIFIED SEXUAL ACTIVITIES
- Human genitals in a state of sexual stimulation or arousal; sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast, including masturbation.
Every person either operating or desiring to operate an adult business, in addition to obtaining any required business license, shall apply to the County Administrator, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $1,000.
Information required on and with the permit application shall include, but not be limited to, the following:
The applicant's full name, age, sex, race, weight, height, hair and eye color, address, telephone number, date and place of birth and social security number.
Names and addresses of references.
Whether the applicant has been convicted of any felony or misdemeanor, other than a minor traffic violation, and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed.
Whether the applicant holds or has held, in the name of this business or any other, any other permits under this chapter or a similar adult use ordinance from another locality within the past five years and, if so, the names and locations of such other permitted businesses.
Whether the applicant has been denied a permit or has had a permit revoked under any statute or ordinance requiring a permit to operate an adult business and, if so, when and where the denial or revocation occurred.
Photograph and fingerprints of applicant.
Name, including any fictitious names, and address of the business for which a permit is sought.
A criminal records check of the applicant shall be provided by the applicant with the application, along with the applicant's written authorization to investigate whether the information provided by the applicant is true.
A description of the intended business activity and, if adult entertainment is to be performed, a detailed description of such entertainment.
Written declaration, dated and sworn by the applicant, certifying that the information contained in the application is true and correct.
For a corporation, partnership or other legal entity, "applicant" includes each officer, director, partner or principal of the entity and the managers of the business.
The County Administrator or his designee shall act on the application within 30 days of the filing of an application containing all of the information required by this section, unless information requested from other law enforcement agencies is not received within that thirty-day period, in which case the County Administrator or his designee shall have an additional 30 days to act on the application. Upon the expiration of the application time period, unless the applicant requests and is granted a reasonable extension of time, the applicant may, at its option, begin operating the business for which the permit is sought, unless and until the County Administrator or his designee notifies the applicant of a denial of the application and states the reasons for denial.
The applicant shall be issued a permit unless the County's investigation or the information furnished by the applicant shows any of the following:
The applicant has failed to provide information required by this chapter or has falsely answered a question.
The applicant has been convicted of a felony within the past five years.
The applicant has been convicted of a crime of moral turpitude or a crime involving the obscenity laws within the past three years.
The applicant has been denied a permit or has had a permit revoked within the past 12 months under any statute or ordinance requiring a permit to operate an adult business.
Failure of the applicant's business to comply with the County's business license, zoning, building, plumbing, utility, health, electric or fire prevention codes, or with any other applicable County or state laws or regulations.
The application fee has not been paid.
If the application is denied, the County Administrator or his designee shall notify the applicant of the denial and state the reasons for the denial.
The permit shall be valid for 12 months from the date thereof and may be renewed in the same manner as it was initially obtained. The application fee for a renewal permit shall be $500. No permit shall be transferable.
Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers of the business will automatically make the permit void. Such changes shall be reported to the County Administrator or his designee, and a new application may be submitted for review.
The County Administrator or his designee may revoke any permit issued pursuant to this chapter for the following:
Fraud, misrepresentation or any false or misleading statement contained in the application.
Conviction of the permittee for any felony, crime involving moral turpitude, or crime involving the obscenity laws after the permit is issued.
The permittee or an employee of the permittee has knowingly allowed possession, use or sale of illegal controlled substances in or on the premises.
The permittee or an employee of the permittee has knowingly allowed prostitution on the premises.
The permittee has refused to allow an inspection of the adult business premises as authorized by this chapter.
Offenses committed within a twelve-month period.
On two or more occasions within a twelve-month period, employees of the adult business at the time of the offenses committed an offense in or on the permitted premises for which a conviction has been obtained constituting:
The fact that a conviction is being appealed shall have no effect on the revocation of the permit.
The permittee is convicted of violations regarding any taxes or fees related to the adult business.
The permittee has failed to operate or manage an adult business in a peaceful and law-abiding manner.
The permittee or an employee of the permittee, except a permittee or employee of a permittee of an adult motel, has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual activity to occur in or on the permitted premises.
The permittee has been operating an adult business not approved under the applicable permit.
The permittee has failed to comply with the provisions of this chapter.
The permittee's business fails to comply with other applicable County or state laws or regulations.
If the County Administrator or his designee denies an application or revokes a permit, he shall notify the applicant or permittee in writing of such action, the reasons therefor, and the right to request a hearing. To receive a hearing, the applicant or permittee must make a written hearing request which must be received by the County Administrator or his designee within 10 days of the date of the notice of denial or revocation. If a timely hearing request is not received by the County Administrator or his designee, the decision of the County Administrator or his designee shall be final. If a hearing is properly requested, it shall be held within 10 days from receipt of the hearing request. The hearing shall be presided over by the County Administrator or his designee. The applicant or permittee shall have the right to present evidence and argument or to have counsel do so. Within five days of the hearing, the County Administrator or his designee shall render his decision, which shall be final. A permittee must discontinue operation of its business when the decision to revoke the permit becomes final.
When an imminent threat of substantial harm to public health or safety requires such action, the County Administrator or his designee may immediately revoke a permit issued under this chapter by so stating in a written notice to the permittee. When action is taken pursuant to this subsection, the permittee shall immediately discontinue operation of its business, but shall have the right to a hearing as stated in Subsection A.
After denial of an initial or renewal application or after revocation of a permit by the County Administrator or his designee, the applicant or permittee may seek prompt judicial review of such administrative action in the Circuit Court of the County. Any such request for judicial review shall be filed within 30 days of when the administrative action becomes final. The County will facilitate the applicant's obtaining prompt review.
In addition to any existing legal authority, representatives of County departments shall have the authority to inspect an adult business for the purpose of determining compliance with the provisions of this chapter.
For purposes of this section, "adult entertainment" is defined as dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons.
No person shall provide adult entertainment for patrons of an adult business except upon a stage located in an area open to all patrons of the business. The stage shall be at least 18 inches above the level of the floor and separated by a distance of at least three feet from the nearest area occupied by patrons. No patron shall be permitted within three feet of the stage while the stage is occupied by an entertainer.
The adult business shall provide separate dressing room facilities for female and male entertainers, which shall not be occupied or used in any way by anyone other than them.
The adult business shall provide entertainers access between the stage and the dressing rooms which is completely separated from the patrons. If separate access is not physically feasible, the establishment shall provide a walk aisle at least four feet wide for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers which prevents any physical contact between patrons and entertainers.
No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while in or on the premises of the adult business.
No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to an entertainer shall place the gratuity in a container that is at all times located separately from the entertainers for the purpose of preventing any physical contact between a patron and an entertainer. No entertainer shall solicit any gratuity from any patron.
Persons under the age of 18 years are not allowed on the premises of a sexually oriented business.
No operator or manager of an adult business shall cause or allow an entertainer to contract to or engage in any entertainment such as a couch, a straddle or lap dance with a patron while in or on the premises of an adult business. No entertainer shall contract to or engage in a couch, straddle or lap dance with a patron while in or on the establishment premises. For purposes of this subsection, "couch, straddle or lap dance" is defined as an employee of the establishment intentionally touching any patron while engaged in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons or the exposure of any specified anatomical area.
This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bartender, comes within three feet of a patron. No employee shall engage in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons or expose any specified anatomical area while acting as a waiter, waitress, host, hostess, or bartender.
A person who operates or causes to be operated an adult business which exhibits on the premises, in a viewing room of less than 150 square feet of floor space, a film, video, cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
The application shall include a diagram of the premises, showing a plan thereof, specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimension of tall areas of the interior of the premises to an accuracy of plus or minus six inches. The County may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
No alteration in the approved configuration or location of a manger's station, as provided by the application diagram, may be made without the prior approval of the County.
It is the duty of the permittee of the premises to ensure that at least one permitted employee is on duty and situated in each manager's station at all times that any patron or customer is present inside the premises.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manger's stations. The view required in this subsection must be by direct line of sight from the manager's station.
It shall be the duty of the permittee to ensure that the view of area specified in Subsection J(4) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection J(1) of this section.
No viewing room may be occupied by more than one person at a time.
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five footcandles, as measured at the floor level.
It shall be the duty of the permittee to ensure that the illumination described above is maintained at all times that any patron or customer is present in the premises.
No permittee shall allow an opening of any kind to exist between viewing rooms and booths.
There shall be no opening of any kind between viewing rooms or booths.
The permittee shall, during each business day, regularly inspect the walls between the viewing rooms or booths to determine if any openings or holes exist.
The permittee shall cause all floor coverings in viewing rooms or booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
The permittee shall cause all wall surfaces and ceiling surfaces in viewing rooms or booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board, or other porous material shall be used within 48 inches of the floor.
Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in § 67-1 of this chapter.
No person who is in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have an adult business permit shall rent or subrent a sleeping room to a person and, within 10 hours from the time the room is rented, rent or subrent the same sleeping room again.
Nothing in this chapter shall be construed to permit any conduct which violates § 67-12 of this chapter.
Definitions. For purposes of this section, the following terms shall have the meanings indicated:
- (1) Having the pubic region or genitals covered less than completely and opaquely;
- (2) Having less than the majority of each buttock completely and opaquely covered; or
- (3) Having any portion of the nipple or areola of the female breast or that portion of the female breast distal to and below any part of the areola covered less than completely and opaquely.
- SPECIFIED SEXUAL ACTIVITIES
- Showing human genitals in a state of sexual stimulation or arousal; real or simulated acts of human masturbation, sexual intercourse, sodomy or flagellation; fondling, caressing or other erotic touching of one's own or another's genitals, pubic region, buttocks or female breast; or showing the covered male genitals in a discernibly turgid state.
Every person who knowingly, voluntarily and intentionally appears in a state of nudity in public or in a public place or in a place open to the public or to public view, or in an establishment which offers memberships to the public, or who employs, encourages or procures another so to appear, shall be guilty of a Class 1 misdemeanor.
Every person who knowingly, voluntarily and intentionally engages in specified sexual activities in public or in a public place or in a place open to the public or to public view, or in an establishment which offers memberships to the public, or who employs, encourages or procures another so to engage, shall be guilty of a Class 1 misdemeanor.
No person shall be in violation of this section for breastfeeding a child in any public place or any places where others are present.
Nothing contained in this chapter shall be construed to apply to the presentation of any play, ballet, drama, tableau, production or motion picture in any theater, concert hall, school, college, museum of fine arts or other similar establishment, that is primarily presented as a form of expression of opinion, communication, speech, ideas, information, art or drama.