Division 27. Adult Book Store And/or Adult Video Store Licensing and Regulation

The County Council recognizes that some activities that occur in connection with adult-oriented businesses are protected as expressive speech and does not intend to suppress or infringe upon expressive activities protected by the First Amendment of the United States Constitution and by the Maryland Constitution, but instead desires to enact reasonable time, place and manner regulations that address the adverse secondary effects of adult-oriented businesses.

The County Council recognizes that First Amendment rights are among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights. This ordinance is not intended to interfere with legitimate expression but to avoid and mitigate the secondary effects enumerated below.

The County Council recognizes that the United States Supreme Court upheld the Littleton adult business ordinance in Littleton, Colorado v. Z.J. Gifts D-4, L.L.C., a limited liability company, dba Christal's, 541 U.S. 774, 124 S.Ct. 2219 (2004). This legislation is patterned after and comports with the licensing statute upheld in Littleton v. Z.J. Gifts. The District Council has reviewed the decision in Littleton v. Z.J. Gifts wherein the Supreme Court upheld the statutory scheme for adult businesses for a Colorado city enacted adult business ordinance that (1) required businesses such as adult bookstores to (a) have "adult business" licenses, and (b) comply with local zoning rules; (2) listed specific circumstances under which the city would deny a license; (3) set forth time limits (typically amounting to 40 days) within which city officials were required to reach a final licensing decision; and (4) provided that the final decision could be appealed to a state court pursuant to the state's civil procedure rules. This legislation is patterned after the statutes upheld by the United States Supreme Court in Littleton.

The County Council finds that adult oriented businesses may and do generate secondary effects which are detrimental to the public health, safety and welfare. Among those secondary effects are:

The County Council finds that licensing of persons who own, operate and manage adult book stores and/or adult video stores will further the goals of the ordinance by enabling the County to ascertain critical information enabling the County to allocate law enforcement resources effectively and otherwise protect the community.

The County Council finds that Prince George's County continues to experience an increased demand for public safety services at and adjacent to adult business premises.

The County Council finds that certain activities occurring on premises of adult book stores and/or adult video stores are disruptive to commercial and residential communities that they adjoin, and are otherwise detrimental to the public health, safety, and general welfare of the citizens and residents of the County.

The County Council finds that it has substantial public interest in preserving societal order by the regulation of adult book stores and/or adult video stores.

The County Council finds that the fee established for a license in this ordinance is based on the estimated cost of implementation, administration and enforcement of the licensing program.

If the applicant is:

Whether the applicant or any individual listed under subsection (a) of this Section has worked under, or currently works under, an adult book store license and/or adult video store license under the County Code.

Whether the applicant or any individual listed under subsection (a) of this Section has worked under, or currently works under, an adult book store license and/or adult video store license under an adult business ordinance from this State, another state, municipality or county which has been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

The location of the proposed adult book store and/or adult video store including the street address and telephone number(s), if any.

Proof of the applicant's right to possession of the premises wherein the adult book store and/or adult video store is to be operated.

A photocopy of the driver's license or other government issued identification card for the individuals listed in subsection (a) of this Section.

A photocopy of the use and occupancy permit for an adult book store and/or adult video store issued by the Department of Permitting, Inspections, and Enforcement.

The applicant is under the age of eighteen (18) years; or

The applicant has made a false statement upon the application or has given false information in connection with an application; or

The applicant or any holder of any class of stock, or a director, officer, partner or principal of the applicant has had an adult book store or adult video store license revoked or suspended anywhere within the state within one year prior to the application; or

A corporate applicant is not in good standing or authorized to do business in the State; or

The applicant is overdue in the payment of County taxes, fees, fines or penalties assessed against him/her or imposed against him/her in relation to an adult book store or adult video store.

The licensee or employees thereof have offered for sale or knowingly allowed to be consumed or possessed upon the licensed premises, or upon any parking areas, sidewalks, walkways, accessways or grounds immediately adjacent to the licensed premises, narcotics, dangerous drugs or fermented malt, malt, and vinous or spirituous beverages;

The licensee, manager or employee has allowed or has done nothing to prevent patrons from engaging in public displays of indecency as set forth in State and County law or has allowed patrons or employees to engage in acts of prostitution or negotiation for acts of prostitution within the licensed establishment or upon any parking areas, sidewalks, accessways or grounds immediately adjacent to the licensed adult book store or adult video store, when the licensee, manager or employee knew or should have known such displays or acts were taking place;

The licensee or manager made a false statement or gave false information in connection with an application for a license or a renewal of a license;

The manager or employee of the licensed adult book store and/or the adult video store is under the age of eighteen (18) years;

The licensee, in the case of a corporation, is not in good standing or authorized to do business in the State;

The licensee or an employee knowingly operated any aspect or facilities of the adult book store and/or adult video store during a period of time when the adult book store or adult video store license was suspended;

The licensee is delinquent in the payment of County taxes, fees, fines or penalties assessed against him/her or imposed against him/her in relation to an adult book store or adult video store; or

The licensee, manager or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation, to occur within the licensed premises.