[HISTORY: Adopted by the Harford County Council
by Bill No. 92-27.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Massage establishments — See Ch. 166.
[1]
Editor's Note: This bill also repealed former
Ch. 58, Adult Entertainment, adopted by Bill No. 78-70.
For the purposes of this chapter, the following
terms have the meanings indicated.
A commercial establishment that as its principal business
purpose sells or rents:
Books, magazines, periodicals, other printed
matter, photographs, films, motion pictures, video cassettes, video
reproductions, slides, or other visual representations that describe
or depict a sexual act or depict human genitalia in a state of sexual
arousal; or
Instruments, devices, or paraphernalia designed
for use in connection with sexual acts.
A room or an area:
A person who applies under this chapter for a license to
operate an adult bookstore.
An adult bookstore.
A corporation organized under the laws of the United States,
Maryland, another state of the United States, or a territory, possession,
or district of the United States.
The Department of Inspections, Licenses and Permits.
A license issued under this chapter to operate an adult bookstore.
A person licensed under this chapter to operate an adult
bookstore.
One which the average person, applying contemporary community
standards, would find, taken as whole, appeals to the prurient interest
and which, taken as a whole, lacks serious literary, artistic, political,
or scientific value and where, in a patently offensive way, it conveys
to the observer sexual conduct:
As specifically defined in any statute of Maryland
proscribing obscenity or obscene performances; or
As specifically defined as follows, whether
actual or simulated:
Sexual or anal intercourse:
Masturbation;
Fellatio;
Cunnilingus;
Sadomasochistic abuse;
Fondling of the buttocks, anus, breasts, or
genitalia of oneself or another;
Sexual stimulation by means of contact with
animals or inanimate objects;
Urination; or
Defecation.
Flagellation or torture by or upon an individual who is nude
or clad in undergarments or other revealing clothing, or the condition
of one who is nude or so clothed and is fettered, bound, or otherwise
physically restrained.
Means:
The representation of an activity by mimicry, gesture or
bodily movement in a manner that would clearly and unmistakably convey
to an average adult that such activity is intended to be represented
thereby.
To increase the floor area of an adult bookstore by more
than 25% of the floor area of the bookstore as it existed on January
1, 1992.
A partitioned area capable of accommodating 5 or fewer individuals
and in which is located a coin-operated or slug-operated or electronically,
electrically, or mechanically controlled still or motion picture machine,
projector, or other image-producing device that depicts a sexual act
or human genitalia in a state of sexual arousal.
A.
A person shall not operate an adult bookstore without
a license from the Department.
B.
An applicant for a license shall:
(1)
If an individual, be at least 18 years of age;
(2)
Possess a valid Maryland trader's license;
(3)
Submit to the Department an application on the form
that the Department provides; and
(4)
Submit with the application:
(a)
The appropriate completed Maryland State Police form
authorizing a criminal background check of the applicant;
(b)
The appropriate fees for the criminal background check;
(c)
A site plan showing that the location of the adult bookstore complies with § 58-9 of this Article;
(d)
The state retail sales tax identification number issued
to the applicant;
(e)
A copy of the Maryland trader's license issued to
the applicant; and
(f)
A nonrefundable license and application fee of $200.
C.
The application shall be made under oath and shall
include the following information:
(1)
The name, date of birth, home address, and telephone
number of the applicant;
(2)
The address and telephone number of the adult bookstore;
(3)
A diagram of the adult bookstore's interior drawn at the scale required by the Department, including the location of any manager's station and the overhead lighting required by § 58-8 of this Article;
(4)
A list of all employees who will work in the bookstore
and the address and date of birth of each employee;
(6)
If the applicant is not a corporation or an individual,
the name and home address of each person with an interest of 10% or
more in the applicant; and
(7)
A statement of whether the applicant, the applicant's spouse, an employee who will work in the bookstore, any individual with whom the applicant resides, or any person who owns an interest of 10% or more in the applicant has pleaded guilty or nolo contendere with respect to, received probation before judgment with respect to, or been convicted of an offense listed in § 58-6A(8) of this Article, and if so the location, date, and nature of the plea, probation, or conviction.
D.
An application shall be under oath and signed by each
applicant.
[Amended by Bill No. 94-8]
A.
Within 7 calendar days after receiving an application
for a license to operate an adult bookstore, the Department shall:
B.
Within 30 calendar days after receiving the Department's
request:
C.
Within 45 calendar days after receiving an application
for a license to operate an adult bookstore, the Department shall
notify the applicant of whether it qualifies for a license.
D.
If an applicant qualifies for a license under this
Article, the Department shall issue a license to the applicant.
E.
A person who operates an adult bookstore without a
license may continue to operate the bookstore without a license only
if:
A.
A license expires on the first anniversary of its
effective date, unless the license is renewed for a 1-year term as
provided in this section.
B.
C.
Within 45 calendar days after receiving a renewal
application from a licensee, the Department shall notify the licensee
of whether it qualifies for renewal of the license.
D.
The Department shall renew the license of each licensee
who meets the requirements of this section.
A.
The Department may deny a license to any applicant
or suspend or revoke a license if:
(1)
The applicant or licensee does not pay a fee required
by this Article;
(3)
The applicant, licensee, or an employee of the applicant
or licensee refuses to allow an inspection of the adult bookstore
by an employee or designated representative of the Department, the
Health Department, or a law enforcement agency with jurisdiction in
the county;
(4)
The applicant or licensee fraudulently or deceptively
obtains or attempts to obtain a license for the applicant or licensee
or for another;
(5)
The applicant or licensee fraudulently or deceptively
uses a license;
(6)
The applicant or licensee pleads guilty or nolo contendere
with respect to, receives probation before judgment with respect to,
or is convicted of a violation of:
(7)
In the 2 years before the denial, suspension, or revocation,
the applicant, the licensee, the applicant's or licensee's spouse,
or an individual with whom the applicant or licensee resides pleaded
guilty or nolo contendere with respect to, received probation before
judgment with respect to, or was convicted of a violation of:
(8)
The applicant or licensee pleads guilty or nolo contendere
with respect to, receives probation before judgment with respect to,
or is convicted of a violation of any of the following sections of
Article 27 of the Annotated Code of Maryland:
(a)
§ 1 (abduction of individual under 16);
(b)
§ 2 (abduction of child under 12);
(c)
§ 15 (bawdy houses and houses of ill fame;
prostitution, etc.);
(d)
§ 23 (offering bribe to public officer,
etc.);
(e)
§ 26 (embracery, etc.);
(f)
§ 27 (intimidating or corrupting jurors,
etc.; obstructing justice);
(g)
§ 35A (child abuse);
(h)
§ 335 (incest);
(i)
§ 335A (indecent exposure);
(j)
§ 416B (selling or offering to sell certain
visual representations, printed matter or sound recordings to minors);
(k)
§ 416C (exhibition of certain motion pictures
or presentations to minors);
(l)
§ 416D (displaying certain visual representations
for advertising purposes);
(m)
§ 416E (permitting minor to enter or remain
on certain premises;
(n)
§ 418 (sending or bringing obscene material
into the state for sale or distribution; publishing, etc., within
state);
(o)
§ 419 (sale or display of certain items
to persons under 18);
(p)
§ 419A (child pornography);
(q)
§ 426 (pandering generally);
(r)
§ 427 (placing, etc. person for immoral
purposes);
(s)
§ 428 (receiving money, etc., for procuring
person for house of prostitution, etc.);
(t)
§ 429 (placing, etc., of spouse in house
of prostitution, etc.);
(u)
§ 430 (receiving earnings of prostitute);
(v)
§ 431 (detaining person in house of prostitution
for debt);
(w)
§ 432 (transporting person for prostitution);
(x)
§ 462 (first degree rape);
(y)
§ 463 (second degree rape);
(z)
§ 464 (first degree sexual offense);
(aa)
§ 464A (second degree sexual offense);
(bb)
§ 464B (third degree sexual offense);
(cc)
§ 464C (fourth degree sexual offense);
(dd)
§ 467A (transfer of recorded sound
without consent of owner of master device);
(ee)
§ 553 (sodomy); or
(ff)
§ 554 (unnatural or perverted practices).
B.
In addition to the authority granted by Subsection A of this section, the Department may suspend or revoke a license if:
(1)
A licensee or an employee of the bookstore has knowingly
allowed on the premises the possession, use, or sale of a controlled
dangerous substance listed in Article 27, § 279 of the Annotated
Code of Maryland:
(2)
A licensee or an employee of the bookstore has knowingly
allowed prostitution on the premises;
(3)
A licensee or an employee of the bookstore has knowingly
allowed a sexual act on the premises;
(4)
A licensee or an employee of the licensee has knowingly
operated the adult bookstore when the license was suspended; or
A.
The operator of an adult bookstore shall:
(1)
Require proof of an individual's age before allowing
the individual to enter the bookstore;
(2)
Arrange the bookstore's interior so that employees
can observe all areas of the bookstore that are open to customers
or the public;
(3)
Arrange the bookstore's merchandise so that:
(a)
No merchandise depicting a sexual act or human genitalia
in a state of sexual arousal is visible from outside of the bookstore;
and
(b)
No merchandise designed for use in connection with
a sexual act is visible from outside of the bookstore; (4) Ensure
that the bookstore's parking lot is equipped with lighting of sufficient
intensity to light the lot at an illumination of at least 2 footcandles
and is posted with signs that prohibit loitering;
(4)
Regularly check the parking lot to try to keep customers
and members of the public from loitering or committing sexual acts
there;
(5)
Permit inspection of the bookstore and its premises
by an employee or designated representative of the Department, the
Health Department, and any law enforcement agency with jurisdiction
in the county at any time the bookstore is occupied or open for business;
and
(6)
Within 30 calendar days after each new employee begins
working in the bookstore, send written notification of the employee's
name, address, and date of birth to the Department.
B.
The operator of an adult bookstore shall not:
(1)
Allow an individual under the age of 18 to enter the
bookstore;
(2)
Knowingly allow an individual to commit a sexual act
in the bookstore or the bookstore's parking lot; or
(3)
Employ an individual who has in the preceding 2 years
pleaded guilty or nolo contendere with respect to, received probation
before judgment with respect to, or been convicted of a violation
of:
A.
A person who owns or operates an adult bookstore that
includes a viewing booth or an adult theater:
(1)
Shall maintain at least 1 manager's station in the
bookstore;
(2)
Shall not alter the location or configuration of a
manager's station without the approval of the Department;
(3)
Shall ensure that at least one employee is on duty
at each manager's station when a customer is in the bookstore;
(4)
Shall arrange the bookstore's interior so that each
area of the bookstore open to customers, except the restrooms, is
visible from at least one manager's station;
(5)
Shall ensure that the bookstore is equipped with overhead
lighting of sufficient intensity to light each area of the bookstore
in which customers are permitted at an illumination of at least 5
footcandles, measured at floor level;
(6)
Shall ensure that the lighting is on when a customer
is in the bookstore;
(7)
Shall not equip a viewing booth with a curtain, door,
or any other device that allows the booth's interior to be screened
from the view of employees; and
(8)
Shall ensure that each viewing booth is separated
from others by a solid wall or other solid partition.
A.
A person shall not operate an adult bookstore within
1,000 feet of:
B.
A person shall not operate or substantially enlarge
an adult bookstore located within 1,000 feet of another adult bookstore.
C.
For the purposes of this section distance shall be
measured in a straight line, without regard to intervening objects,
from the closest part of the building in which the adult bookstore
is housed to the nearest property line of the house of worship, school,
park, child care home, child care institution, family day care home,
residential lot, or other adult bookstore.
D.
If the operator of an adult bookstore has a license
from the Department to operate the bookstore, the operator is not
placed in violation of this section by the subsequent location of
a house of worship, school, park, child care home, child care institution,
family day care home, or residential lot within 1,000 feet of the
bookstore.
If the Department denies an application for
a license or suspends or revokes a license, the applicant or licensee
may appeal the Department's decision to the Circuit Court for Harford
County.
B.
Before the County Attorney files suit under this section,
the Department shall notify the person who operates the adult bookstore
that the person is in violation of this Article.
C.
The notice required by this section shall be in writing
and may be sent by certified mail or delivered in person.
Any person who as actor, dancer, owner, manager,
producer, director or agent or in any other capacity prepares, gives,
directs, presents, performs or participates in any obscene performance,
exhibition, drama, play, show, dancing exhibition, tableau or entertainment
in which live persons perform or participate in an obscene manner
in the presence of any other person or persons who have paid a consideration
of any type whatsoever to observe the exhibition or performance and
every owner, lessee or manager of any theater, garden, building, room,
place or structure who knowingly permits the same to be used for the
purpose of any such exhibition as enumerated in this section or who
assents to its use for any such purpose shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined or imprisoned as provided
hereafter.
A person who violates any provision of this
Article is guilty of a misdemeanor and on conviction is subject to
a fine not exceeding $1,000 or imprisonment not exceeding 6 months
or both. Each day a violation continues is a separate offense.