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As used in this chapter:
ADULT BOOKSTORE. A bookstore:
(1) Which receives a majority of its gross income during any calendar month from the sale or rental of publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this chapter; or
(2) Having as a preponderance (either in terms of the weight and importance of the material or in terms of greater volume of materials) of its publications (including books, magazines, other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this chapter.
ADULT ESTABLISHMENT. A business as defined in G.S. § 14-202.10(2). This definition includes adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult live entertainment businesses as defined in this chapter.
ADULT LIVE ENTERTAINMENT. Any performance of or involving the actual presence of real people which exhibits specified sexual activities or specified anatomical areas, as defined in this chapter.
ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business wherein adult live entertainment is shown for observation by patrons.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this chapter, for observation by patrons therein.
ADULT MOTION PICTURE THEATER.
An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this chapter, for observation by patrons therein. Adult motion picture theatre does not include any adult mini motion picture theatre.
SEXUALLY ORIENTED BUSINESS. Any business or enterprise that has as one of its principal business purposes or as a significant portion of its business an emphasis on matter and conduct depicting, describing, or related to anatomical areas and sexual activities specified in G.S. §14-202.10.
SEXUALLY ORIENTED DEVICE. Without limitation, any artificial replica or simulation of a specified anatomical area or other device or paraphernalia that is designed principally for specified sexual activities, but shall not include any contraceptive device.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttock; or
(c) Female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Display of human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
(Ord. passed 3-19-12; Am. Ord. passed 8-21-23)
(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)
(A) Any adult establishment lawfully operating on date adopted, that is in violation of this chapter shall be deemed a nonconforming use. Any use which is determined to be nonconforming by application of the provisions of this section shall be permitted to continue for a period not to exceed two years. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
(B) If a nonconforming use is discontinued for a period of 180 days or more, it may not be reopened as an adult establishment.
(C) If two or more adult establishments are within 1,320 feet of one another and otherwise in a permissible location, the adult establishment which was first operated and continuously operated at its present location shall be considered the conforming use and the one created later shall be considered nonconforming.
(D) An adult enterprise lawfully operating as a conforming use shall not be rendered nonconforming by the subsequent location of a structure or facility designated in § 160.06.
(Ord. passed 3-19-12; Am. Ord. passed 8-21-23)
A permit is required to operate an adult establishment. Application shall be made to the Ashe County Planning Department and must be made by the landowner, a lessee or person holding an option or contract to purchase or lease the land, or an authorized agent of the landowner (see G.S. §160D-403(a)). The application will be on a form approved by the Ashe County Board of Commissioners, and must be accompanied by a signed and sealed survey from a professional land surveyor showing that the proposed location complies with the setbacks of § 160.06. Approvals must be provided in writing; may be provided in print or electronic form; if electronic form is utilized, must be protected against further editing pursuant to G.S. §160D-403(a). Approvals must also run with the land (see G.S. §160D-104). Approval revocation must follow the same process used for approval pursuant to G.S. §160D-403(f). Denial of an application by the Planning Department may be appealed to the Board of Adjustment.
(Ord. passed 3-19-12; Am. Ord. passed 8-21-23)
Should any section or provision of this be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this chapter as a whole or any part thereof which is not specifically declared to be unconstitutional or invalid.
(Ord. passed 3-19-12; Am. Ord. passed 8-21-23)
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