It is hereby declared that the County Council of Prince George's County, Maryland, has found that a number of establishments have been opened in Prince George's County for the purpose of offering live models for posing, sketching, photographing, and other purposes for paying customers, and that the unregulated proliferation of model studios and similar businesses disrupts the areas where they exist and facilitates the use of the premises for lewd displays and purposes. The Council further finds and declares that the licensing and regulation of model studios is required to protect and promote the public health, safety and general welfare.

For the purposes of this Division, the following words and phrases have the meanings assigned below, except in those instances in which the context clearly indicates a different meaning: Director. The Director of Permitting, Inspections, and Enforcement or the Director's duly authorized designee or agent. Erogenous areas. The pubic area, breasts, penis, scrotum, vulva, perineum, or anus. Figure model. Any person who poses to be photographed, sketched, observed, posed, viewed, painted, drawn, sculptured, or otherwise similarly depicted. Model studio. Any premises where a customer or patron, for a fee, is permitted to photograph, sketch, observe, view, paint, draw, sketch, sculpt or otherwise depict, or direct the poses of a live figure model in the nude or semi-nude. This definition shall not be construed to include a theatre, an accredited school or educational institution, or any similar type of cultural or educational use. Nude or seminude. Exposure of genitals, vulva, anus, pubic hair or cleft of the buttocks; or the exposure of any device which is intended to simulate the genitals, vulva, anus, pubic hair or cleft of the buttocks; or the exposure of any portion of the female breast at or below the areola.

It shall be unlawful for any person to engage in, conduct, carry on or operate or permit to be operated within the County a model studio unless an application therefor has been approved and a license issued by the Department of Permitting, Inspections, and Enforcement in compliance with this Division. Each application for a model studio shall be accompanied by an investigation fee of Two Hundred Fifty Dollars ($250.00), no part of which shall be refundable. Said fee shall not be in lieu of, and shall be in addition to, any license fee required by this Division. Upon receipt of said application, the Director shall refer the application to the Department of Permitting, Inspections, and Enforcement, Fire Department, Police Department, Health Department and the Prince George's County Planning Board of the Maryland-National Capital Park and Planning Commission, each of whom, within a period of thirty (30) days from the date of application, shall review records and make an inspection of the premises proposed to be used as a model studio and shall make a written recommendation to the Director concerning compliance with the law.

Every person conducting or engaging in business as a model studio shall pay an annual license fee of Five Thousand Dollars ($5,000.00). The license must be renewed one (1) year from the date of issue. The fee shall not be in lieu of, and shall be in addition to, any business license tax required to be paid.

Each application for a model studio license shall be upon a form provided by the Department of Permitting, Inspections, and Enforcement. Each such form shall contain the following information: A description of the facilities and services to be available on the premises of the proposed establishment. The location and mailing address of each applicant. The name, residence address, and home and business telephone numbers of each applicant. If the applicant is an association or a partnership, the names and resident addresses and home and business telephone numbers of each of the associates or partners. If the applicant is a corporation it shall state the names, home and business telephone numbers and residence address of each of the officers and directors of said corporation and of each stockholder, and provide a copy of the documents establishing the corporation. If one or more of the stockholders is itself a corporation, the names and residence addresses of each of the officers and directors of that corporation and of each stockholder of that corporation holding ten percent (10%) or more of the stock of that corporation. If the applicant is an individual, all other residences of the applicant for the three (3) year period immediately prior to the application. If the applicant is an association or a partnership, the names and residence of each associate or partner for the three (3) year period immediately prior to the application. If the applicant is a corporation, all the residences for a three (3) year period of each of the officers and directors of said corporation, and of each stockholder owning more than ten percent (10%) of the stock of the corporation. If the applicant is an individual, written proof that the applicant is eighteen (18) years of age or older. If the applicant is a partnership, written proof that each partner is eighteen (18) years of age or older. If the applicant is a corporation, written proof that each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation is eighteen (18) years of age or older. It shall be a prerequisite to the issuance of any license that the applicant or any affiliated person be eighteen (18) years of age or older. If the applicant is an individual, a complete set of the applicant's fingerprints. If the applicant is an association or partnership, a complete set of each associate's or partner's fingerprints. If the applicant is a corporation, a complete set of fingerprints of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. If one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation, and owns thirty-three percent (33%) of the stock of the applicant corporation, a complete set of fingerprints of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. The fingerprints shall be taken by the Chief of Police, or his designee. If the applicant is an individual, the business, occupation, or employment of the applicant for the three (3) year period immediately preceding the date of the application. If the applicant is an association or partnership, the business, occupation, or employment of each associate or partner for the three (3) year period immediately prior to the date of the application. If the applicant is a corporation, the business, occupation, or employment of each officer and director of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation for the three (3) year period immediately preceding the date of the application. The history of the applicant in the operation of model studios or any similar business or occupation, including, but not limited to, whether or not such person, in previously operating in this or another city or state under permit or license, has had such permit or license revoked or suspended and the reason therefor, and the business activity or occupation of the applicant subsequent to such action or suspension or revocation. The criminal record, if any, other than misdemeanor traffic violations, of the applicant. If the applicant is an association or partnership, the criminal record of each associate or partner. If the applicant is a corporation, the criminal record of each officer or director of the corporation and each of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) of the stock of the applicant corporation, the criminal record of each stockholder owning more than ten percent (10%) of the stock of the corporation. The name of the operator or manager of the model studio. If the operator or manager of the model studio is not an applicant, then the operator or manager must provide the information required in paragraphs (1) through (9) of this Section and will be considered as an applicant for the purpose of Section 5-320 and as a licensee for the purposes of Section 5-327. Every applicant for a model studio license and every licensee shall be subject to a continuing duty to supply to the Director current information with respect to the items set forth in Subsection (a) of this Section, such report to be made within fourteen (14) days of learning of any change. Failure to report a change in that information after learn of it shall be grounds for revocation of the license.

It shall be unlawful for any person to operate or manage a model studio without a valid, nonsuspended license issued pursuant to this Division.

Every person operating or managing a model studio shall pay an annual license fee of One Hundred Dollars ($100.00). The license shall be renewed one year from date of issue. The fee shall not be in lieu of, and shall be in addition, to, any business license tax required to be paid.

Each application for a model studio operator's or manager's license shall be upon a form provided by the Department of Permitting, Inspections, and Enforcement. Each such form shall contain the following information: The applicant's full name, residence address, and residence telephone number. The name and address of the model studio where the applicant is to be employed and the name of the owner of same. The criminal record, if any, other than misdemeanor traffic violations, of the applicant. A complete set of the applicant's fingerprints which shall be taken by the Chief of Police or his designee. Written proof that the applicant is eighteen (18) years of age or older. Three (3) color photographs of the applicant, not greater than two inches square as determined by the Department of Permitting, Inspections, and Enforcement. One photograph shall be sealed on the license issued to a successful applicant. One photograph shall be retained in the files of the Department of Permitting, Inspections, and Enforcement and the other photograph shall be forwarded to the Police Department, which shall maintain files for operator or manager license applicants and licensees. Every applicant or holder of a model studio operator or manager's license shall be subject to a continuing duty to supply to the Director current information with respect to the items set forth in paragraph (a) of this Section, such report to be made within fourteen (14) days of learning of any change. Failure to report a change in that information after learning of it shall be grounds for revocation of the license.

Upon receipt of the application and fee as provided for in the preceding Sections, the Director or his designee shall make or cause to be made a thorough investigation of the applicant and corporate officers, directors, and shareholders owning more than ten percent (10%) of the capital stock, and general partners, of the applicant. The Director shall forward a copy of every application for a license under this Division to the Chief of Police, who shall make or cause to be made a complete criminal history and personal background investigation of every applicant and all associated persons identified in the application. The Chief of Police shall report the findings of the investigation to the Director with the recommendations of the Police Department as to licensure of the applicants. The Director shall deny any application for a model studio license or a model studio operator or manager's license under this Division if the Director finds: That the applicant, or if the applicant is a partnership or association, any partner or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation or shareholder owning ten percent (10%) or more of the capital stock of that corporation within the preceding ten (10) years have been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or suffered a forfeiture or who has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code, on a charge of violating any provision included in Sections 12, 15, 36, 36B, 41, 121, 122, 125, 237 through 246, 286, 286A, 287, 287A, 290, 335, 335A, 342, 384, 385, 386, 387, 407 through 411, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 486, 488, 553 or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or That the applicant, or if the applicant is a partnership or association, any partners or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock, or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation, is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation or any shareholder owning ten percent (10%) or more of the capital stock of that corporation has been convicted, or with respect to whom a court has accepted a plea of nolo contendere, or suffered a forfeiture or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code on a charge of violating any Section of this Division relating to model studios, or on a charge of violation or a similar law in any other jurisdiction; or That the applicant, or if the applicant is an association or partnership, any associate or partner thereof, or if the applicant is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of the capital stock is under the age of eighteen (18) years; or That the applicant, or if the applicant is a partnership or association, any partner or associate thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three (33%) or more of the stock of the applicant corporation, any officer or director of that corporation, or shareholder owning ten percent (10%) or more of the capital stock of that corporation made a false statement on the application. That the granting of the license is not necessary for the accommodation of the public in the community proposed as the location of the model studio. That the premises for which a model studio license is sought has not the minimum facilities required by this Division, or does not comply with the Building Code, Electrical Code, Plumbing Code, Zoning Ordinance or any other law, ordinance or regulation of the United States, the State of Maryland, Prince George's County or any municipality applicable to the premises. Before the Director shall act upon the application, the Director shall schedule and give notice of the time and place of a public hearing to consider the application. The hearing shall be conducted by a hearing examiner, who may be an attorney on the staff of the Office of Law. The Director shall notify the applicant in writing of the time and place of the hearing, not less than 14 days prior to the scheduled date. The Director shall cause a notice of the hearing to be published in two newspapers of record at least two times in two successive weeks, the last publication of which shall be not less than seven (7) nor more than thirty (30) days prior to the scheduled date of the hearing. The published notice shall specify the name of all applicants, the kind of license for which application is made, the location of the place for the model studio proposed to be licensed, and the time and place fixed by the Director for the hearing. The applicant shall bear the expense of publication of the notice and shall deposit with the application, either in cash or by a certified, treasurer's or cashier's check or money order made payable to Prince George's County, Maryland, the sum of $500.00 to cover publication costs. At the public hearing, the hearing examiner shall first hear the applicant in support of the application. The hearing examiner shall then hear any other person supporting the application. The hearing examiner shall then hear any person opposing the application. After the close of all evidence, the hearing examiner shall make a written report to the Director of his findings of fact and recommended action with respect to the application. The Director shall act upon the application within one hundred twenty (120) days after the public hearing. The Director shall give notice of his decision to the applicant in writing.

No license issued under this Division shall be transferable from one person or establishment to another.

A change of location of a licensed model studio may be approved by the Director; provided however, that all applicable provisions of the Code, including this Division are complied with and a change of location fee of Five Hundred Dollars ($500.00) has been paid. A public hearing pursuant to Section 5-321(c) shall be required before the change of location may be approved or disapproved.

Model studio facilities shall be located in a proper zoning district as specified in the Zoning Ordinance, Subtitle 27, Prince George's County Code. Model studio facilities shall comply with all requirements of the Building Code, Subtitle 4, Prince George's County Code, as amended. A recognizable and legible sign shall be posted at the main entrance identifying the premises as a model studio. Any sign shall comply with the requirements of the Zoning Ordinance, Subtitle 27, Prince George's County Code.

Every person to whom a model studio license shall have been granted shall display said license in a conspicuous place in the model studio so that it may be readily seen by persons entering the premises. Every person to whom a manager's or operator's license shall have been granted shall, while in the model studio, display in a conspicuous place in the model studio said operator's or manager's license. A copy of the model studio ordinance, consisting of Division 23 of Subtitle 5 of the Prince George's County Code, shall be displayed in a conspicuous place in the model studio so that it may be readily seen and read by persons entering the premises and employees of the model studio. A sign shall be posted in a conspicuous place visible from the main entrance of the model studio containing the following message in letters of at least one and one-half (1 1/2) inches in height and a corresponding width: "PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES."

The designees of the Fire Department, the Chief of Police, and the Department of Permitting, Inspections, and Enforcement are hereby authorized to enter, examine and survey during the business hours any premises in the County for which a model studio license has been issued pursuant to this Division for the purpose of enforcing the provisions of this Division, and for other official purposes. This Section shall not restrict or limit the right of entry vested in any law enforcement agency.

It shall be unlawful for anyone to engage in, operate, manage, conduct, or carry on a model studio without a valid, nonsuspended license issued pursuant to this Division. It shall be unlawful for any person, in a model studio, to place his or her hands upon, to touch with any part of his or her body, or to fondle in any manner, an erogenous area of any other person. It shall be unlawful for any patron or customer to disrobe or to expose his or her erogenous area, or any portion thereof, to any other person while on the premises of a model studio. It shall be unlawful for any person owning, operating or managing a model studio to cause, allow, or permit in or about such model studio, any agent, employee, or any other person permitted or invited upon the premises to perform any act prohibited in Subsections (a), (b), or (c) of this Section.

Any person violating the provisions of this Division shall be punished as provided in Section 1-123 of this Code.

Any model studio license or operator or manager license granted under this Division shall be denied or revoked by the Director after notice and hearing if the licensee, or if the licensee is a partnership or association, any partner or member thereof, or if the licensee is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of its capital stock: Has been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction or suffered a forfeiture, on a charge of violating any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 335A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or Has been convicted, or with respect to whom a court has accepted a plea of nolo contendere or has had the benefit of a disposition under Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction, or suffered a forfeiture, on a charge of violating any provision of this Division relating to model studios, or on a charge of violating a similar law in any other jurisdiction; or Made a false statement on the application; or Has failed to report a change in any of the information required by Section 5-317(a) or Section 5-320(a) within fourteen (14) days of learning of said change; or Has violated any provision of Section 5-327 relating to unlawful acts, as determined by the Director, upon the evidence adduced at a hearing before the Director or his designee to consider any proposed revocation of a model studio license under this Section. Notice of the hearing before the Director or his designee for revocation of the license shall be given in writing, setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for hearing. If the Director finds that the model studio for which the model studio license was issued or the model studio operator or manager to whom the model studio operator or manager license was issued does not conform to the standards set forth in Subdivision 3 of this Division, or that the licensee has refused the Director or other authorized person the right to enter the premises to enforce the provisions of this Division, the Director may enter an order for the immediate suspension of the model studio license or the model studio operator or manager license until such time as he finds that the reason for such suspension no longer exists. A copy of the order shall be sent to the licensee at his place of business by certified mail, which order shall set forth the reasons for said suspension. The licensee shall be afforded an opportunity to be heard by the Director or his designee within fourteen (14) days after the suspension. Notice of the hearing shall be mailed by certified mail to the licensee's business at least ten (10) days prior to the date set for hearing. No person shall operate a model studio when subject to an order of suspension. Any model studio license granted under this Division shall be suspended by the Director for six (6) months if more than two (2) incidents resulting in convictions of or pleas of nolo contendere to or dispositions under Section 292 or 641, Article 27, Maryland Annotated Code for, any violation of any provision of this Division or of any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 335A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, 554, 12, 36, 36B, 41, 121, 122, 125, 237 through 246, 342, 384, 385, 386, 387, 406 through 411, 486, or 488, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, by any person or persons whosoever, shall have occurred on the premises of the model studio within one twelve (12) month period. The licensee shall receive notice of such suspension and shall be entitled to a hearing before the Director. The notice shall be given in writing, shall set forth the grounds for the suspension, and shall state the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee's last known address at least ten (10) days prior to the date set for the hearing. In addition to and not in lieu of the penalties prescribed in Section 5-328 and the enforcement measures provided in Subsections (a), (b), (c), (d), (f), (g), or (h) of this Section, the County, by the Office of Law may enforce this Division by actions for appropriate legal and equitable relief in the Circuit Court for Prince George's County, Maryland, including, but not limited to, actions for mandatory or prohibitory injunctions to require compliance with this Division. In addition to or in lieu of the enforcement measures prescribed in Subsections (a), (b), (c), (d), and (e) of this Section, the Director may assess and require the payment of a civil penalty not to exceed the amount of Five Hundred Dollars ($500.00) for each violation of this Division. The Director or his designee, with the assistance of the Police Department, if necessary, is authorized and empowered to take any measures reasonably necessary to effect the closing or otherwise prevent the operation of any business or establishment which the Director finds to operate or conduct business in violation of this Division: When the Director, after notice and opportunity for hearing, has made an order suspending or revoking a model studio license; or When the Director determines that a business is a model studio required to be licensed, gives notice of that order or determination and directs the business to comply with this Division, and the business or its owners or principals fails to comply. The Director, without limitation, may take the following measures: Lock or secure the premises of the establishment or business or otherwise deny entry thereto; Seize the premises of the establishment and its furniture, equipment, books and records; Order the premises to be vacated and post therein and on the exterior thereof notices that the business is closed by order of the Director and that no person is to enter the premises without permission of the Director or the Chief of Police.

The Director or his designee shall at regular intervals inspect the premises of every model studio to determine that it is operated in compliance with this Division. If a properly identified inspector or officer is denied entry to any model studio at any reasonable time, the Director shall immediately suspend the license of the model studio or the use and occupancy permit of the business, given notice of the suspension, take steps to effect the closing of the establishment or business, and forthwith hold a hearing before the Director or his designee to determine whether the license or use and occupancy permit should be reinstated, permanently revoked, or continue to be suspended, as the Director may determine to be appropriate. The Director or his designee may request the Director of Finance or his designee to inspect and audit the financial books and records of all model studios to determine the continuing compliance with the provisions of this Division. The Director or his designee shall give written notice of the Department's intent to inspect books and records to the model studio. The notice shall state the date, time and place of the audit. The model studio shall produce its books and records at that time and place. If the model studio or its owners or principals unreasonably refuse or fail to produce the books and records after notice, the Director shall immediately suspend the license of the model studio or the use and occupancy permit of the business, give notice of the suspension, take steps to effect the closing of the establishment or business, and forthwith hold a hearing, upon due notice before the Director or his designee, to determine whether the license or use and occupancy permit should be reinstated, permanently revoked, or continue suspended, as the Director may determine to be appropriate. Every model studio licensee shall prepare and submit to the Director annually with his application for license renewal a certified financial statement, including a statement of income by sources and a statement of financial condition, with respect to the licensed establishment for the year prior to the date upon which the licensee submits his application for license renewal. Every model studio shall maintain complete and accurate books and records of the income of the establishment and the income of any persons who offer to render or render services within that establishment, setting out with specificity the items of services or goods which generate the income of the establishment or the income of persons associated with the establishment.

Any person aggrieved by an act or determination of the Director pursuant to this Division, including, but not limited to, suspension or revocation of any license, or a determination that a business is a model studio required to be licensed, may appeal such act or determination to the Prince George's County Board of Administrative Appeals within ten (10) calendar days after receipt of notice of the act or determination of the Director. When the Director has conducted a hearing and issued an order, the Board of Administrative Appeals shall review the record of the proceedings before the Director. The Board may reverse, modify or remand the decision of the Director only if the decision of the Director is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence.

Any party aggrieved by a decision of the Board of Appeals pursuant to Section 5-330 herein may appeal that decision to the Circuit Court for Prince George's County, Maryland. The appeal shall proceed in accordance with the provisions of Chapter 1100, Subtitle B, Maryland Rules of Procedure.

The County Council of Prince George's County, Maryland, declares that the operation of model studios in violation of this Division causes and threatens real and substantial injury to the public health, safety, welfare and morals and that the operation of model studios in violation of the provisions of this Division constitutes a public nuisance. In addition to the other remedies prescribed in this Division, the County, by the Office of Law may bring equitable actions to abate such public nuisances.