Section
68.01 Definitions
68.02 Classification
68.03 License required
68.04 Issuance of license
68.05 Appeal
68.06 Fees
68.07 Inspection
68.08 Expiration of license
68.09 Suspension
68.10 Revocation
68.11 Denial
68.12 Transfer of license
68.13 Hours of operation
68.14 Additional regulations for escort agencies
68.15 Additional regulations for adult theaters, adult cabarets, adult motion picture theaters
68.16 Additional regulations for adult motels
68.17 Additional regulations for all sexually oriented businesses
68.18 Regulations pertaining to sexually oriented businesses with viewing or other rooms
68.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE or PEEP SHOW. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT CABARET. A nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits, or displays as one of its principal business purposes:
(1) Persons who appear nude or semi-nude; or
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which depict or describe specified sexual activities or specified anatomical areas.
ADULT MOTEL. A hotel, motel, or similar commercial establishment that:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that depict or describe specified sexual activities or specified anatomical areas as one of its principal business purposes; or
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown as one of its principal business purposes that depict or describe specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features, exhibits, or displays, as one of its principal business purposes, persons who appear in a state of nudity or semi-nude, or live performances that expose or depict specified anatomical areas or specified sexual activities.
APPLICANT. The person who will operate the sexually oriented business, and shall include each of the following persons associated with that business:
(1) The owner of a sole proprietorship;
(2) Each member of a firm, association, or general partnership;
(3) Each general partner in a limited partnership;
(4) Each officer, director, and owner of more than 10 percent of the stock of a corporation;
(5) The manager of an establishment operated by a corporation;
(6) Any manager who has been empowered as attorney-in-fact for a nonresident individual or partnership.
CHIEF OF POLICE. The Chief of Police of the City of Albemarle or the designated agent of the Chief of Police.
CITY CLERK. The Albemarle City Clerk.
EMPLOY, EMPLOYEE, and EMPLOYMENT describe and pertain to any person who performs any service on the premises of a sexually oriented business on a fulltime, parttime, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
ESCORT. A person who, for tips or any other form of consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business that furnishes, offers to furnish, or advertises to furnish escorts as one of its principal business purposes, for a fee, tip, or other consideration.
ESTABLISHMENT means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business; or
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
LICENSEE. Person(s) in whose name a license to operate a sexually oriented business has been issued.
NUDE MODEL STUDIO. Any place where a person who appears semi-nude, in a state of nudity, or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the State of North Carolina or a college, junior college, or university supported entirely or in part by public taxation; a private college or university supported entirely or in part by public taxation; a private college or university which maintains and operates education programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
(2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude or semi-nude model is on the premises at any one time.
OPERATES or CAUSES TO BE OPERATED. To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
NUDITY or A STATE OF NUDITY.
(1) The appearance of a human anus, male genitals, or female genitals; or
(2) A state of dress which fails to opaquely cover a human anus, male genitals, or female genitals.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or any combination of the foregoing.
SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal.
SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) Persons other than those named as applicants for a license becoming associated with the business, as provided in the definition of applicant; except that a mere substitution of a person as manager of an establishment shall only require filing with the City Clerk as provided in § 68.06;
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 97-09, passed 3-17-97)
Sexually oriented businesses are classified as follows:
(1) Adult arcades;
(2) Adult bookstores or adult video stores;
(3) Adult cabarets;
(4) Adult motels;
(5) Adult motion picture theaters;
(6) Adult theaters;
(7) Escort agencies;
(8) Nude model studios;
(9) Sexual encounter centers.
(Ord. 97-09, passed 3-17-97)
(A) It is unlawful for any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City Clerk pursuant to this chapter.
(B) An application for a license must be made on a form prescribed by the Chief of Police. An application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.
(1) The applicant and the applicant's spouse shall provide to the Chief of Police fingerprints and/or any other necessary identification information which may be required by the Chief of Police.
(2) The Chief of Police shall check the state repository for criminal history to determine if an applicant and/or an applicant's spouse has been convicted of a crime involving any offense described in Articles 7A, 26, 26A, 27, 37, or 39 of Chapter 14 of the North Carolina General Statutes; or, any similar offenses to those described herein under the criminal or penal code of North Carolina, other states, Albemarle, other cities, other countries, or facilitation, attempt, conspiracy or solicitation to commit any of the foregoing offenses for which:
(a) Less than two years have lapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five years have lapsed since the date of conviction;
(c) Less than five years have lapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period.
(C) The application may request and the applicant shall provide such information as to enable the Chief of Police and the City Clerk to determine whether each applicant meets the qualifications established in this chapter.
(D) Each applicant must be qualified under § 68.03 and each applicant shall be considered a licensee if a license is granted.
(Ord. 97-09, passed 3-17-97) Penalty, see § 68.99
(A) Within 30 days after receipt of a completed application, the City Clerk will approve or deny the issuance of a license to an applicant for a sexually oriented business license. The City Clerk will approve the issuance of a license to an applicant unless the Chief of Police finds one or more of the following to be true:
(1) An applicant is under 18 years of age.
(2) The application and investigation fee or the license fee required by this chapter have not been paid.
(3) An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business.
(4) An applicant has failed to provide information required in order to determine the qualifications of the applicant under this chapter for issuance of the license, or has falsely answered a question or request for information on the application form.
(5) An applicant or the proposed establishment is in violation of or is not in compliance with this chapter or other provisions of the Code of Ordinance of the City of Albemarle.
(6) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(7) An applicant or an applicant's spouse has been convicted of a crime involving:
(a) Any offense described in Articles 7A, 26, 26A, 27, 37, or 39 of Chapter 14 of the North Carolina General Statutes; or any similar offenses to those described above under the criminal or penal code of North Carolina, other states, Albemarle, other cities, or other countries; or facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; for which:
(i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(iii) less than five years have elapsed since the date of the least conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(b) Reserved.
(B) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(C) An applicant who has been convicted or whose spouse has been convicted of an offense listed above may qualify for a sexually oriented business license only when the time period required by this section has lapsed.
(D) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the classification of sexually oriented business for which it is granted, the expiration date, and the address of the sexually oriented business. Licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(Ord. 97-09, passed 3-17-97) Penalty, see § 68.99
Loading...