(A) No person shall create or operate an adult establishment in any location:
(1) Within 1,320 feet in any direction from an established residential dwelling structure;
(2) Within 1,320 feet in any direction from a structure in which an adult establishment is located;
(3) Within 1,320 feet in any direction from a structure used as a church, synagogue, or other house of worship;
(4) Within 1,320 feet in any direction from a structure used as a public school or as a state- licensed day care center;
(5) Within 1,320 feet in any direction from any lot or parcel on which a public playground, public swimming pool, or public park is located; or
(6) Within 1.5 miles of the Blue Ridge Parkway, the distance to be measured horizontally from the roadway centerline of the Blue Ridge Parkway.
(B) No person shall authorize or create a display of the contents or the activity of an adult establishment which is visible from outside the confines of an adult establishment.
(C) A live entertainment establishment is prohibited from any display of specified sexual activities as defined in this chapter , and is prohibited from allowing indecent exposure as defined in G.S. §14-190.9.
(D) For purposes of enforcement of this chapter, the term PERSON shall mean an individual and shall include:
(1) The manager of an establishment; the owner of an establishment;
(2) The agent in charge of a building, premises, structure or facility; or
(3) The owner of a building, premises, structure or facility when that owner knew, or reasonably should have known, the nature of the enterprise operated there, and that owner refused to cooperate with public officials in taking reasonable measures designed to terminate a prescribed use. Provided, however, that if there is an agent in charge, and if the owner did not have actual knowledge of a prescribed use, the owner shall not be prosecuted under § 160.99(A).
(E) Nothing in this chapter shall be construed to authorize or allow any adult establishment to operate within Ashe County if prohibited by some provision of North Carolina or federal law.
(Ord. passed 3-19-12; Am. Ord. passed 8-21-23)