Sec. 5-2701. Declaration of findings and policy

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.