A person may not own or operate any adult-entertainment business without having first obtained an adult-entertainment business license as provided in this subtitle. City Code, 1976/83, art. 30, §11.0-8a Ord. 93-258 Ord. 94-443 Ord. 99-417

The owner and operator of the adult-entertainment business must apply jointly to the Board for the license. The application must be in the form and contain the information that the Board requires. An application for an adult-entertainment business license must be made on or before the date of applying for the conditional use approval required under the Zoning Code. The adult-entertainment business license may not become effective unless a conditional use has been approved and any right of appeal contesting that approval has been exhausted. City Code, 1976/83, art. 30, §11.0-8b1 Ord. 93-258 Ord. 94-443 Ord. 99-417

The application of every owner and operator must be made as follows:if a corporation, by its chief executive officer; if a partnership, by its managing partner; or if a proprietorship, by its owners. All information required in the application about an applicant must be given with respect to the individuals making the application, and the determination of the Board must be based on the eligibility of those individuals. City Code, 1976/83, art. 30, §11.0-8b2(4th sen) Ord. 93-258 Ord. 94-443 Ord. 99-417

On receipt of the application, the Board must investigate the character and qualifications of the applicants. City Code, 1976/83, art. 30, §11.0-8b2(1st sen Ord. 93-258 Ord. 94-443 Ord. 99-417

An adult-entertainment business license may not be issued to any person to own or operate an adult-entertainment business unless the applicant:based on the considerations specified in subsection (b) of this section, is of good moral character; is at least 18 years of age; and within the preceding 3 years, has not been convicted of or pleaded guilty or nolo contendere in any jurisdiction to a felony involving:moral turpitude; controlled dangerous substances; prostitution; obscenity; or any other crime that is sexual in nature. In determining moral character, the Board must consider:all criminal convictions of the applicant; and the business history of the applicant. City Code, 1976/83, art. 30, §11.0-8b2(2nd, 3rd sens), §11.0-8b3 Ord. 93-258 Ord. 94-443 Ord. 99-417

On filing an application for a license (other than a renewal license), the applicant must post the proposed location for 15 days, in accordance with the Board’s rules and regulations. If, within the 15-day posting period, the Board receives no more than 9 written objections from property owners or residents within the same election precinct as the proposed location, the adult-entertainment business license may be issued. If, within the 15-day posting period, the Board receives 10 or more written objections from property owners or residents within the same election precinct as the proposed location, the Board must hold a hearing on the matter. Unless the applicant agrees to a later date, the hearing must be held within 15 days after the last day of the 15-day posting period. At the hearing, parties in interest and citizens must be given an opportunity to be heard. City Code, 1976/83, art. 30, §11.0-8b6(1st-4th, 8th sens) Ord. 93-258 Ord. 94-443 Ord. 99-417

The Board must notify the applicant in writing of its decision to grant or deny the license as follows:if no hearing is held under <cite data-path="|15|§1-12|(c)">§ 1-12(c) of this subtitle</cite>, within 15 days after the last day of the 15-day posting period; and if a hearing is held under <cite data-path="|15|§1-12|(c)">§ 1-12(c) of this subtitle</cite>, within 15 days after conclusion of the hearing. Any denial of an adult-entertainment business license must be based solely on the qualifications set forth in <cite data-path="|15|§1-11">§ 1-11 of this subtitle</cite>. The notice of a denial must:specify the reasons for the denial; and notify the applicant of the opportunity to request a hearing under <cite data-path="|15|§1-30">§ 1-30 of this subtitle</cite>. City Code, 1976/83, art. 30, §11.0-8b6(5th, 6th sens), §11.0-8b5(1st, 3rd sens) Ord. 93-258 Ord. 94-443 Ord. 99-417

Each adult-entertainment business license expires annually on June 30 and is renewable as provided in this section. To renew an adult-entertainment business license, the licensee must apply no less than 30 days nor more than 60 days before the license expires. The renewal application must be in the form and contain the information that the Board requires. On filing the renewal application and payment of the renewal fee, the Board may approve the application, except as provided in subsection (d) of this section. If, before the end of the renewal period, 10 or more written objections from property owners or residents within the same election precinct as the licensed premises are filed with the Board, the Board must hold a public hearing on the proposed renewal. Parties in interest and citizens must be given an opportunity to be heard. Any denial of a renewal license must be based solely on the standards set forth in <cite data-path="|15|§1-28">§ 1-28 of this subtitle</cite>. City Code, 1976/83, art. 30, §11.0-8b4, 8f Ord. 93-258 Ord. 94-443 Ord. 99-417

The annual license fee is $1,000 for each adult-entertainment business, payable on or before June 30 of each year. The license fee for less than a full initial year is prorated quarterly. City Code, 1976/83, art. 30, §11.0-8e Ord. 93-258 Ord. 94-443 Ord. 99-417

If the Board denies an adult-entertainment business license or renewal license, the applicant may not reapply for at least 9 months from the date of the Board’s final decision or, if that decision was appealed, from the date of the final court decision. City Code, 1976/83, art. 30, §11.0-8b6(6th sen.) Ord. 93-258 Ord. 94-443 Ord. 99-417

An adult-entertainment business license is not transferable to a new owner or operator without a new application to the Board. City Code, 1976/83, art. 30, §11.0-8j(1st sen.) Ord. 93-258 Ord. 94-443 Ord. 99-417

Except as provided in subsection (b) of this section, no live adult entertainment may be conducted between the hours of 2 a.m. and noon. If the State changes the closing time for holders of alcoholic beverage licensees, that closing time will apply to adult-entertainment businesses. City Code, 1976/83, art. 30, §11.0-8c1 Ord. 93-258 Ord. 94-443 Ord. 99-417

Exterior entrance doors:must be kept closed so that adult entertainment activities are not visible from the exterior of the building; and may be opened only:to permit entry and exit; or for cleaning or ventilation during nonoperational hours. The conduct of adult entertainment may not be visible at any time from the exterior of the premises in which it is conducted. The premises of each adult-entertainment business must have a vestibule or lobby enclosed by immobile walls and consisting of a passage, hall, or room between the outer door facing the street and the part of the premises where the adult entertainment is conducted. City Code, 1976/83, art. 30, §11.0-8c2(a), (b), (d) Ord. 93-258 Ord. 94-443 Ord. 99-417

Any attempt to urge, invite, or entice people to enter the premises of an adult-entertainment business is prohibited anywhere within 50 feet of the premises. City Code, 1976/83, art. 30, §11.0-8c2(c) Ord. 93-258 Ord. 94-443 Ord. 99-417

Every owner, operator, and manager of an adult-entertainment business must exercise proper care and control to prevent the business or its operations from becoming or creating a public nuisance, whether by the generation of noise, the blocking of public ways, or otherwise. Ord. 99-417

The person to whom an adult-entertainment business license is issued must display it in the lobby, vestibule, or other prominent place on the premises. City Code, 1976/83, art. 30, §11.0-8k Ord. 93-258 Ord. 94-443 Ord. 99-417

The Board may deny, suspend, or revoke an adult-entertainment business license or renewal license for any of the following causes:failing to pay the applicable license fee on or before the due date; making any material false statement in any application for an initial or renewal license; lack of accessibility for fire and police protection; failing to comply with any provision of the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>, <cite data-path="|health">Health Code Article, or Zoning Code Article;</cite> failing to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle; or failing to comply with any provision of any other local, state, or federal law that affects or relates to the operation of the adult-entertainment business. The Board also may deny, suspend, or revoke an adult-entertainment business license or renewal license for the violation, by any owner, operator, or manager of the adult-entertainment business, of any provision of any local, state, or federal law that involves:the manufacture, distribution, possession, or administration of controlled dangerous substances; prostitution, sodomy, perverted sexual practices, or a bawdy house or disorderly house; or obscene matter or immoral practices. The Board also may deny, suspend, or revoke an adult-entertainment business license or renewal license for the violation, by any employee, agent, independent contractor, or vendor of the adult-entertainment business, of any law referred to in subsection (b) of this section, if:the offense occurred on the premises of the adult-entertainment business; and either:the owner, operator, or manager affirmatively or tacitly approved of the offense; the owner, operator, or manager had actual or constructive knowledge of the offense; the owner, operator, or manager reasonably should have known of the offense; or the offense was a result of the owner, operator, or manager’s failure to supervise. City Code, 1976/83, art. 30, §11.0-8g, 8h Ord. 93-258 Ord. 94-443 Ord. 99-417 Ord. 07-552 Ord. 15-427

For any violation that is cause for suspending or revoking a license, the Board may, instead of or in addition to suspending or revoking the license, impose a civil fine of: for a 1<sup>st</sup> offense, not more than $500; and for any subsequent offense, not more than $1,000. Ord. 99-417

No adult-entertainment business license or renewal license may be denied, suspended, or revoked and no fine may be imposed unless the Board gives the applicant or licensee:at least 10 days’ written notice of the intent to impose sanctions; and an opportunity to be heard as to why sanctions should not be imposed. For the proposed denial of an initial license, a hearing must be held within 30 days of a timely request, unless the applicant agrees to a later date. City Code, 1976/83, art. 30, §11.0-8i(1st sen.) Ord. 93-258 Ord. 94-443 Ord. 99-417

A person aggrieved by a decision of the Board under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. It is the desire and intent of the Mayor and City Council that any review under this section be heard and decided by the Court as expeditiously as possible. To that end, the Board must join in any motion by the appellant for expedited review and cooperate fully with the appellant to obtain an expedited review. The filing of a petition for judicial review does not stay the decision of the Board. However, on motion and after hearing, the Court may grant a stay as provided in the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. City Code, 1976/83, art. 30, §11.0-8b6(7th sen.), §11.0-8i(3rd sen.) Ord. 93-258 Ord. 94-443 Ord. 99-417 Ord. 04-672 Ord. 19-332

There is an Adult-Entertainment Business Advisory Task Force. City Code, 1976/83, art. 30, §11.0-8l(1st sen.) Ord. 93-258 Ord. 94-443 Ord. 99-417

The purpose of the Advisory Task Force is to advise the appropriate administrative and elected officials on matters related to the conduct of adult-entertainment businesses. City Code, 1976/83, art. 30, §11.0-8l(2nd sen.) Ord. 93-258 Ord. 94-443 Ord. 99-417

The Advisory Task Force consists of 9 members who serve without compensation. The Mayor appoints the members of the Advisory Task Force, as follows:2 members from a list of 4 nominees by the Citizens Planning and Housing Association; 1 member from a list of 2 nominees by the Greater Baltimore Committee; 1 member from a list of 2 nominees by the Baltimore City Chamber of Commerce; 3 members, 2 of whom must be members of the Baltimore Entertainment Center, Inc., from a list of 6 nominees by the holders of adult-entertainment business licenses; 1 member from a list of 2 nominees by the Downtown Partnership, Inc.; and 1 member, who must be a member of the Baltimore City Council, nominated by the President of the City Council. The terms of the members are as provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. No individual may serve more than 2 consecutive terms on the Advisory Task Force. The Mayor designates the chair of the Advisory Task Force. City Code, 1976/83, art. 30, §11.0-8m Ord. 93-258 Ord. 94-443 Ord. 99-417

Any person who violates, omits, neglects, or refuses to comply with, or resists the enforcement of any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500. Each day that a violation continues after notification constitutes a separate offense. City Code, 1976/83, art. 30, §11.0-7a(part) Ord. 31-1247 Ord. 53-711 Ord. 57-830 Ord. 87-1032 Ord. 94-288 Ord. 94-307 Ord. 94-349 Ord. 99-417