City of Hagerstown, MD
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 10-22-2002 by Ord. No. 2002-28. Amendments noted where applicable.]
GENERAL REFERENCES
Land management — See Ch. 140.
The purpose of this chapter is to protect the health, welfare, safety, morals and general welfare of the citizens of the City by addressing the deleterious secondary effects of certain adult-oriented businesses operating within the City: to prevent the impairment of or detriment to neighboring properties; to promote safe, sanitary conditions and combat the spread of sexually transmitted disease; and to protect children who may be attracted to such establishments. This chapter does not have, and is not intended to have, the purpose or effect of imposing a limitation or restriction on the content of any communicative material or to infringe upon the reasonable exercise of a legitimate business.
For purposes of this chapter, the following terms shall have the following meanings:
ADULT BUSINESS
Any commercial establishment located in the City that:
A. 
Has 5% or more of its stock on the premises or has 5% or more of its stock on display in books, magazines, periodicals, photographs, drawings, sculptures, motion pictures, films, videos or other similar images by any medium which depict specified sexual activities or specified anatomical areas;
B. 
Displays on its premises, or provides for display or viewing on its premises, any motion pictures, films, videos or other similar images by any medium which depict specified sexual activities or specified anatomical areas; or
C. 
Has 5% or more of its stock on the premises or has 5% or more of its stock on display in products, devices or novelties designed or sold primarily for the purpose of stimulation of human genitalia or other sexual gratification.
CITY
The City of Hagerstown, Maryland.
DEPARTMENT
The City Clerk's office of the City of Hagerstown, Maryland.
SPECIFIED ANATOMICAL AREAS
This term has the same meaning as defined in § 68-38 of the Code of the City of Hagerstown.[1]
SPECIFIED SEXUAL ACTIVITIES
This term has the same meaning as defined in § 68-38 of the Code of the City of Hagerstown.[2]
[1]
Editor's Note: See now § 140-19.
[2]
Editor's Note: See now § 140-19.
A. 
It shall be unlawful for any person to own, operate, manage or maintain an adult business in the City without first obtaining an adult business license from the Department. Adult businesses currently in existence and actually operating as of the effective date of this chapter shall be required to comply with the provisions of this chapter within 90 days of its effective date.
B. 
Each adult business license issued shall expire on the anniversary of its issuance. Applicants shall apply for a renewal license 30 days prior to the expiration of the current license.
An applicant for an adult business license shall register with and provide the following information on the appropriate application form provided by the Department:
A. 
The address at which the adult business will be operated.
B. 
The name, street address and telephone number of all owners of the adult business.
C. 
If the owner of the adult business is not an individual, the applicant shall provide the name, street address, resident agent, resident agent address and telephone number of the owner.
[Amended 7-27-2004 by Ord. No. O-04-36]
D. 
The name, street address and telephone number of a designated contact person for the owner(s).
E. 
A nonrefundable annual license fee of $250.
F. 
The Department shall issue or deny a license to an applicant within 30 days of receipt of the completed application and license fee.
[Added 1-25-2005 by Ord. No. O-05-02]
The following regulations shall apply to all adult businesses in the City:
A. 
No adult business shall operate or be open to the public between the hours of 1:00 a.m. and 6:00 a.m.
B. 
No adult business shall be located within 500 feet of another legally operating and licensed adult business. Adult businesses existing and actually operating on the effective date of this chapter shall be exempt from this regulation.
C. 
No adult business shall permit anyone under the age of 18 years of age to be on the premises of the adult business for any purpose.
D. 
No booth, cubicle or area used for viewing motion pictures, films, movies, videos or other similar images by the general public shall be capable of being completely closed. Any such booth, cubicle or area shall be and remain open at all times.
E. 
No booth or cubicle used for viewing motion pictures, films, movies, videos or other similar images by the general public shall have any holes or openings, nor shall any booth or cubicle be accessible by any adjacent booth or cubicle, except for the primary opening for ingress and egress to said booth or cubicle.
[Amended 1-25-2005 by Ord. No. O-05-02]
An adult business license may be denied, as provided for herein, or revoked or suspended at any time by the Department if, after receipt of written notice, the owner fails to eliminate any violations of the regulations contained herein within 10 days. Any applicant or licensee who has a license denied, revoked or suspended shall have a right to appeal such action of the Department to the Circuit Court for Washington County, Maryland, within 30 days of receipt of the notice of said action. Denial, revocation or suspension of an adult business license shall be in addition to, and not in substitution of, the penalties provided for in § 46-8 of this chapter.
The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held to be invalid, such invalidity shall not effect the other provisions or applications of this chapter which can be given effect without the invalid provision or application.
In addition to the sanctions outlined herein, any person who owns, operates, manages or maintains an adult business without a license, or in violation of the regulations contained in this chapter, shall be punished as provided in Chapter 1, General Provisions, Article II of the Code of the City of Hagerstown. Each day any violation of the provisions of this chapter shall continue shall constitute a separate and distinct offense.