(A) Adult live entertainment involving the display of less than completely or opaquely covered female breasts has been recognized by the State of North Carolina as a protected display of free speech which is subject to reasonable local regulation as to geographic location in order to serve a substantial governmental interest if such regulation allows for reasonable alternative areas for the regulated activity. Accordingly, adult live entertainment which includes the display of less than completely or opaquely covered female breasts, uncovered below a point immediately at the top of the areola is permitted only in an enclosed building, premises or structure where the activity is not visible from outside of the enclosed building or structure. Such enclosed building or structure must be located at least 2,000 feet from an area of interest. Furthermore, such adult live entertainment conducted within said enclosed building shall be conducted in such manner so that viewing, display or sound from within the building cannot be experienced outside the walls of the building. Any building containing an adult live entertainment business must be 100 feet from the right of way of a publicly owned road and 50 feet from the neighboring side or rear property boundary. An adult live entertainment business shall be screened along all property lines with an opaque fence not less than seven feet in height or a solid landscaped area at least 15 feet in width and seven feet in height at time of initial planting. Landscaping shall be properly maintained at all times. Notwithstanding the foregoing, adult live entertainment businesses shall not be required to screen Department of Transportation (DOT) minimum driveway requirement to provide safe and suitable access from adult entertainment premises to and from state maintained road.
(B) (1) “Area of interest” shall include all of the following: churches and other places of public organized worship; schools and educational facilities; parks; child care and day care facilities; retirement, rest or nursing homes; inns and bed and breakfasts; hotels or motels; cemeteries; public libraries; residential subdivisions; approved mobile home parks; public recreational facilities; residentially zoned districts (by county or municipality) and buildings included in the National Register of Historic Places. Surry County has substantial interests in protecting the public health, safety and morals of those areas, activities and individuals defined within area of interest.
(2) However, should an activity, individual or use defined in area of interest determine to locate within 2,000 feet of an existing enclosed adult live entertainment business, as defined by this chapter, the prescribed minimum separation requirement shall not apply. Should an adult live entertainment business cease operation for a period of 60 consecutive days, it shall not constitute an existing adult live entertainment business as contemplated by this division (B).
(Ord. passed 7-21-1997) Penalty, see § 114.99