No person may operate a peep show establishment unless the person: obtains a license from the Director for the operation of the establishment, and complies with the provisions of this subtitle. Ord. 02-475

Each license issued under this subtitle expires on December 31 of each year. The annual fee for the license is $100 for each peep show device in the establishment. This fee is in addition to any other fees chargeable by the City under City Code <cite data-path="|15">Article 15 {“Licensing and Regulation”}</cite>. This fee is non-refundable, even if the establishment discontinues operation or is sold, given away, or otherwise disposed of. Ord. 02-475

The Director must investigate each applicant for a new or renewal license to determine that: the applicant did not knowingly make a material misstatement in the application; and the establishment and its operation will comply with the requirements of:the Building, Fire, and Related Codes of Baltimore City, the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|health">Health Code of Baltimore City;</cite> the Zoning Code of Baltimore City; and all other applicable laws. Ord. 02-475 Ord. 07-552

The Director must issue or renew the license if, on investigation, the Director finds that all the requirements of this subtitle are met. Ord. 02-475

The Director may deny an application if, after the applicant has been given the opportunity for a hearing, the Director finds that any requirement of this subtitle is not met. The Director must notify the applicant in writing of the reasons for the denial. Ord. 02-475

The Director may suspend or revoke any license issued under this subtitle if, after the licensee has been given the opportunity for a hearing, the Director finds that:the licensee knowingly made a material misstatement on the application for the issuance or renewal of the license; or the establishment or its operation is in violation of a requirement of:the Building, Fire, and Related Codes of Baltimore City, the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|health">Health Code of Baltimore City;</cite> the Zoning Code of Baltimore City; or all other applicable law. The Director must notify the licensee in writing of the reasons for the suspension or revocation. The notice must be mailed to the licensee at the address given on the most-recent application for a license. No person who has had a license revoked may obtain a new license at any time within 12 months from the date of the revocation. Ord. 02-475 Ord. 07-552

Before the Director denies, suspends, or revokes any license or license renewal, the Director must notify the applicant or licensee in writing that a hearing will be held to determine whether grounds exist for the denial, suspension, or revocation. The notice must:be mailed to the applicant or licensee, at the address given on the most-recent application, at least 5 days before the scheduled hearing; and include the date, time, and place of the hearing. At the hearing, the applicant or licensee may:have the assistance of counsel; appear by counsel; and present evidence. If the applicant or licensee fails to appear at the hearing, in person or by counsel, the evidence of the grounds for the denial, suspension, or revocation are considered unrebutted. Ord. 02-475

No person may operate a peep show establishment unless every peep show device in the establishment:is plainly marked with a serial number; and has attached to it a permit tag issued by the Director. A permit tag:must be affixed conspicuously to each device; must remain so affixed until:a new or different permit tag is issued for that device; or the license for the establishment is suspended or revoked; and may not be transferred from 1 person to another or from 1 device to another. Ord. 02-475

Every peep show establishment must comply with the building and construction requirements of this section, in addition to any other applicable requirements of the <cite data-path="|building-codes">Building, Fire, and Related Codes Article of Baltimore City</cite>. Each booth in which a peep show device is located must be constructed of:not less than 1-hour fire-resistive material; or other materials approved by the Fire Department. Each booth in which a peep show device is located must contain at least 24 square feet. The viewing area must be of a size and arrangement that will assure the inability of more than 1 person to use the device at the same time. The aisles of any room in which a peep show device is located must be at least 36 inches wide. For each room in which a peep show device is located, ingress and egress must be provided by:at least 2 doorways that are each at least 36 inches wide; or 1 doorway that meets all of the requirements of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite> and other ordinances and regulations of the City for 1 exit. Every doorway that provides ingress to a room in which a peep show device is located must remain unlocked during business hours. Every doorway that provides egress from a room in which a peep show device is located must be provided with an internally illuminated exit sign. A light level sufficient to insure clear visibility and to permit patrons to read a newspaper must be maintained in every area of a peep show establishment to which the public is admitted. Ord. 02-475 Ord. 13-093 Ord. 15-427

The number of peep show devices may not exceed the maximum occupancy load permitted in the room or the partitioned part of a room in which the devices are located. The maximum number of peep show devices permitted in any room must be conspicuously posted at the entrance to that room. Ord. 02-475

In addition to any other remedy provided in this subtitle or otherwise by law, this subtitle may be enforced by the Director of Consumer Protection and Business Licensing in the manner provided in Baltimore City Code Article 1, Subtitle 42. Ord. 02-475 Ord. 12-093

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation. Each day that a violation continues is a separate offense. Ord. 02-475