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2003-08-08 Sexually Oriented Businesses OrdinanceDate of Adoption: January 7, 2002 Amended August 8, 2003 Page No.1 ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES IN PERSON COUNTY Adopted by the Person County Board of Commissioners on the 7th Day of January, 2002. CONTENTS Page No. Section 1: Purposes 2 Section 2: Definitions 4 Section 3: License 9 Section 4: Business Regulation 15 Section 5: Severability 21 Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.2 SECTION 1: PURPOSES This Ordinance sets licensing and business regulation requirements for sexually oriented businesses located in Person County, North Carolina. Sexually oriented businesses, because of their very nature, can have serious adverse secondary effects on a community. Studies and experiences have shown that adverse secondary effects such as lower property values and increased crime rates tend to accompany and are brought about by location of sexually oriented businesses in a community. The Person County Board of Commissioners has determined that this Ordinance is necessary to ensure that the adverse secondary effects of lower property values, increased crime and damage to public health do not occur in Person County as the result of sexually oriented businesses in Person County. The Person County Board of Commissioners has determined that the standards and procedures set forth in this Ordinance are appropriate to prevent such adverse secondary effects. This Ordinance has neither the purpose nor effect of limiting or restricting the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the purpose nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. This Ordinance is the product of balancing the legitimate need of Person County to be protected from acts, omissions or conditions caused by adverse secondary effects of sexually oriented businesses with the constitutionally protected rights of adults who wish to patronize such businesses and the rights of distributors and exhibitors of such businesses. The Board of Commissioners has determined that adverse secondary effects of sexually oriented businesses will be reduced by provisions of this Ordinance which include, but are not limited to, the following: A. The identification of employees of a sexually oriented business will facilitate the identification of potential witnesses or suspects in order to reduce the incidence of certain types of criminal behavior. B. The disclosure of certain information by those persons ultimately responsible for the day-to- day operation and maintenance of the sexually oriented business will assist government to assure compliance with law and prevent the spread of sexually transmitted diseases. C. The fact that an applicant for a sexually oriented business license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of federal and state law, and this Ordinance. The barring of such individuals from the management of a sexually oriented business will assist government to assure compliance with law and prevent the spread of sexually transmitted diseases. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.3 D. Establishing locational criteria to keep sexually oriented businesses away from sensitive uses, such as residential districts, schools, day care centers, etc., reduces the potential for secondary harm to such sensitive uses. E. Establishing additional lighting requirements for the interior and exterior portions of a sexually oriented business reduces the potential for illicit sexual activity or criminal activities occurring on or near the premises of a sexually oriented business. F. Establishing a prohibition on employing minors, or allowing minors within the premises, reduces the potential for exploitation of such minors by a sexually oriented business. G. Requiring internal design configuration standards and the location of managers' stations for a sexually oriented business will allow operators to observe and police their own patrons, and reduce the potential for illicit sexual activity and criminal activities at a sexually oriented business. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.4 SECTION 2: DEFINITIONS Certain words or terms used in this Ordinance are defined as follows: A. Interpretation of Common Words and Terms Words used in the present tense include the future tense. Words used in the singular number shall include the plural, and words in the plural shall include the singular. The word "person" includes a firm, co-partnership, company, trust, association or corporation as well as an individual. The word "lot" includes the words "plot," "parcel," "site" or "tract." The word "building" includes the word "structure." The word "used" or "occupied" as applied to any land or building shall be construed to include the words "Intended, arranged or designed to be used or occupied." The word "shall" is always mandatory. The word "may" is permissive. Italicized words have special meaning as defined in this Ordinance. B. Definition of Specific Words and Terms. ADULT ARCADE. 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 five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. ADULT BOOKSTORE is defined in NCGS § 14-202. 10 (1) which is incorporated herein by reference. ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment that for at least ten percent (10%) of its business hours in any day features: 1. persons who appear in a state of nudity or semi-nudity; or 2. live performances that 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 that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or 4. persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.5 ADULT ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person for the purpose of participating in, engaging in, providing, or facilitating "specified sexual activities." ADULT ESCORT AGENCY. A person or business that furnishes, offers to furnish, or advertises to furnish adult escorts as one of its business purposes for a fee, tip, or other consideration. ADULT ESTABLISHMENT is defined in NCGS § 14-202.10 (2) which is incorporated herein by reference. ADULT LIVE ENTERTAINMENT is defined in NCGS § 14-202.10 (3) which is incorporated herein by reference. ADULT LIVE ENTERTAINMENT BUSINESS is defined in NC GS§ 14-2 02.10 (4) which is incorporated herein by reference. ADULT MEDIA CENTER. Adult media center includes, but is not limited to, an adult book store, and an adult video store and means any place: 1. which receives more than fifty percent (50%) of its gross income during any calendar month from the sale, rental, or both of books, periodicals, magazines, video-tapes, CD ROM, computer software, movies, and other products offered in photographic, print, electronic, magnetic, or digital or other imaging medium which are distinguished or characterized by their emphasis on matter depicting, describing, or presenting specified anatomical areas as defined in NCGS § 14- 202.10 (10), or specified sexual activities as defined in NCGS § 14- 202. 10 (11), or sexually oriented devices as defined in NCGS § 14-202.10 (9), or any combination thereof-, or 2. having more than twenty five percent (25%) of its merchandise inventory consisting of books, periodicals, magazines, video-tapes, CD-ROM, computer software, movies, and other products offered in photographic, print, electronic, magnetic, or digital or other imaging medium which are distinguished or characterized by their emphasis on matter depicting, describing, or presenting specified anatomical areas as defined in NCGS § 14- 202.10,,(10), or specified sexual activities as defined in NCGS § 14-202. 10 (11), or sexually oriented devices as defined in NCGS § 14-202.10 (9), or any combination thereof A commercial establishment may have other business purposes in the same building site that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult media center. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult media center so long as one of its business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. ADULT MOTEL. A hotel, motel or similar commercial establishment that: 1. offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.6 other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sip visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or 2. offers a sleeping room for rent for a period of time that is less than twelve (12) hours; or allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twelve (12) hours. ADULT MOTION PICTURE THEATER is defined in NCGS § 14-202.10 (5) which is incorporated herein by reference. ADULT MINI MOTION PICTURE THEATER is defined in NCGS § 14-202.10 (6) which is incorporated herein by reference. ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment that for at least ten percent (10%) of its business hours in any day, features persons who appear in a state of nudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities. ADULT VIDEO STORE. A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video tapes or cassettes, video reproductions, CDROMs, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or any combination thereof. AMUSEMENT ARCADE. A building or any part of a building in which five (5) or more pinball machines, video games or machines or other similar player operated amusement devices are maintained. Adult arcade is specifically excluded from this definition. NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or 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. There is excepted from this definition any studio which is part of a school for artists who are regularly enrolled in a course of instruction in the arts, and in which the use of nude models involves less than ten percent (10%) of the course hours. NUDITY OR A STATE OF NUDITY. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered. PARK. Any public land available for recreational, educational, cultural or aesthetic use. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.7 PARKING SPACE. A vehicular storage space of not less than ten (10) feet by twenty (20) feet; plus the necessary access space. It shall always be located outside any dedicated right-of-way. PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity. PROPERTY. All real property subject to zoning regulations and restrictions and zoning boundaries by Person County. RELIGIOUS COMPLEX. A church (a building primarily used for public divine worship) or a church and any related structures including a parsonage, fellowship halls, educational buildings, youth centers, recreational facilities (which include playgrounds), day care centers, parochial schools or similar structures or areas located on a single site. SEMI-NUDE. A state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered. SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its business purposes, offers for any form of consideration: 1. physical contact by customers in the form of wrestling or tumbling between persons of the opposite sex; or 2. activities between male and female persons, or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity. SEXUALLY ORIENTED BUSINESS. A business which offers its customers or patrons any device, activity or demonstration depicting specified sexual activities, or which is intended to appeal to sexual interests, titillation or arousal of the customer or patron. A sexually oriented business shall include an adult establishment as defined in NCGS § 14-202.10 (2) and, in addition, without limitation: adult arcade, adult bookstore, adult video store, adult cabaret, adult media center, adult live entertainment business, adult motel, adult motion picture theater, adult mini motion picture theater, adult theater, adult escort agency, nude model studio, and sexual encounter center. SEXUALLY ORIENTED BUSINESS ACTIVITIES. Those activities usually provided for, promoted, or offered by a sexually oriented business as defined herein, whether or not, as the principal business purpose or as a sideline or accessory business purpose and whether or not in connection with or on the same premises With a business which is not a sexually oriented business. SEXUALLY ORIENTED DEVICES is defined in NCGS § 14-202.10(9) which is incorporated herein by reference. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.8 ZONING ADMINISTRATOR is defined in the Person County Planning Ordinance. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.9 SECTION 3: LICENSE A. No person shall operate a sexually oriented business except within a Zoning District which permits Industrial Operations as established by the Person County Planning Ordinance and unless such person has received a sexually oriented business license as provided by this section. B. Application for License. Every application for a sexually oriented business license prescribed herein shall be upon a form approved by the County Manager and shall be filed with the Zoning Administrator. An application shall be made under oath and shall contain the following information: (1) If the applicant is a person, the name and residence address of such person including any aliases or other names by which the applicant is known or which the applicant has used at any time; the residence and address for the past two (2) years, the business and home telephone numbers, occupation, date and place of birth, social security number, drivers license number, and a recent photograph of the applicant. If the applicant is a partnership, corporation, association, or other entity the same information is a requirement for all corporate officers, directors, and any individuals having a ten (10) percent or greater interest in the corporation, partnership, association, or other entity. (2) The address of the premises where the proposed sexually oriented business is proposed to be located; (3) A complete statement of all convictions of any person whose name is required to be given in subsection (B)(l) of this Section 4 for any sexually related crime; prostitution or any violation of any law relative to prostitution; or of any crime involving sexual misconduct as codified in the laws of the United States, this or any other state, including, but not limited to convictions of violations of any of the offenses enumerated in Article 26, 26A and 27 of Chapter 14 of the North Carolina General Statutes, or the same offenses as codified in the laws of the United States, this or of any other state or the laws of any country, or subdivision thereof, other than the United States; (4) A complete statement of any denial and/or revocation of any license, including the grounds and reasons theretofore, to operate a sexually oriented business by any governmental unit listed by name and address of any person whose name is required to be given in subsection (B)(l) of this Section 4 for the five (5) years preceding the date of the filing of this application; (5) A complete statement of any conviction for violation of any statute, law, ordinance or regulation concerning the operation of a sexually oriented business by any governmental Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.10 unit listed by name and address of any person whose name is required to be given in subsection (B)(l) of this Section 4 for the five (5) years preceding the date of the filing of this application; (6) A description of any other business proposed to be operated on the same premises or on adjoining premises owned or controlled by the applicant or any other person or entity listed in (B)(l) of this Section 4, above. (7) All applicants, and any individual listed in (B)(l) of this Section 4, above, shall submit to fingerprinting by the Sheriff of Person County or his deputy. The fingerprint cards shall be submitted to the. S.B.I for processing. Returned fingerprint cards and any criminal histories shall be kept on file in the office of the Sheriff of Person County. (8) A site plan showing the location of the building proposed to contain a sexually oriented business and a floor plan of such building showing floor layout, customer area, and uses in accordance with all the requirements of this Ordinance. (9) A current certificate and straight-line drawing prepared by a registered land surveyor depicting the property lines and the structure containing the proposed sexually oriented business and its distance from existing land uses to include, but not be limited to, established dwellings, residential zoning districts, other sexually oriented business, religious complexes, libraries, schools, state licensed child day care centers, public playgrounds, public swimming pools, public parks, and any outdoor recreational use. (10) A statement signed under oath that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, the applicant consents to the investigation of his/her background by agents of Person County for the purpose of verifying the information provided, and that the applicant has read and understands the provisions of this article regulating sexually oriented businesses. C. Review and Approval of Application (1) Except as modified by this Ordinance, the procedure for the review and approval of the application shall be the same as for a Special Use Permit as provided in Section 7 4 of the Person County Planning Ordinance. (2) The Zoning Administrator shall transmit a copy of the completed application, containing all the required information outlined in Subsection (B) of this Section 4, to the Person County Sheriff's department for an investigative report and to the fire department to determine compliance with any law relating to the fire protection. The Zoning Administrator shall determine compliance with all zoning, building regulations, and ordinances. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.11 (3) The Sheriff and Fire Departments shall, within a reasonable time not to exceed thirty (30) working days, report the results of their examinations to the Zoning Administrator. (4) The Zoning Administrator shall prepare a report which includes the results of the examinations by the Sheriff and the Fire Department and a recommendation to approve or deny the Special Use application. (5) If the Sheriff or the fire department does not respond to the Zoning Administrator within thirty (30) days after receiving the application from the Zoning Administrator, the application shall be deemed to meet the approval of the non-responding entity. (6) Within forty five (45) days after initial receipt of the application, the Zoning Administrator shall place on the agenda of the next regularly scheduled Planning Board meeting the completed application accompanied by all required information. (7) Upon the receipt of said application for a sexually oriented business license, the Planning Board shall review the Special Use application, the site plan, and the sexually oriented business license application and recommend to the Board of Commissioners that the application be approved or denied. (8) The Planning Board shall recommend that the Board of Commissioners deny the application for issuance of the license if the Planning Board determines that: (a) The application contains misstatement of fact; (b) The applicant, or any person or entity having any legal or beneficial ownership interest in the application, has been convicted of a sexually related crime, prostitution or a violation of any law relative to prostitution, crime involving sexual misconduct as codified in the laws of the United States, this or any other state, including, but not limited to convictions of violations of the offenses enumerated in Articles 26, 26A and 27 of Chapter 14 of the North Carolina General Statutes, or the same offenses as codified in the laws of the United States, this or any other state or the laws of any country, or subdivision thereof, other than the United States;. (c) The applicant does not conform to all requirements of applicable zoning, building, and fire prevention codes (d) The applicant or any person, corporation, partnership, association or other entity having a legal or beneficial ownership interest in the applicant has, for the five-year period preceding the application, had a previously issued license for engaging in any sexually oriented business suspended or revoked anywhere. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.12 D. Annual Business License. (1) Upon approval of an Application as provided in this Ordinance, and payment by the applicant of a license fee as provided below, the Zoning Administrator shall issue, in such form as shall be approved by the County Manager, a license to the applicant to operate a sexually oriented business. (2) The license required under this article is annual and shall be valid for a period of twelve (12) months (3) Application for renewal of a business license under this Ordinance shall be made to the Zoning Administrator on a form requiring such information as is approved by the County Manager at least sixty (60) days before the expiration date. If application is not made more than sixty (60) days before the expiration date, the license will expire twelve (12) months from the date of issuance. An application for renewal made less than sixty (60) days before the expiration date shall be regarded as a new application and shall be subject to all the requirements of this Ordinance for the initial issuance of a license. (4) Any violation of the licensing provisions in this article will result in the denial of the renewal application. (5) A license issued under this Ordinance shall be for the conduct of a business at a specific location by the approved applicant and shall be nontransferable to any person, partnership, corporation, association, or other entity. (6) Every application for a sexually oriented bus1nesses license, whether for a new license or for renewal of an existing license, shall be accompanied by a nonrefundable application and investigation fee of $150.00. (7) Every person, corporation, partnership, or association licensed under this Ordinance shall display such license in a prominent place within such licensed premises in full view of customers of the business conducted therein. (8) No employee or contract personnel of the Licensee shall perform duties on the licensed premises prior to submission to the Zoning Administrator of the same information required of Applicants by Section 3, Subsection B, Paragraphs (1),(3),(4),(5),(7) and (10) of this Ordinance and a determination in writing by the Zoning Administrator that such information, if submitted by an Applicant, would not cause a license to be denied pursuant to Section 3, Subsection C, Paragraph (8) of this Ordinance. Such written determination by the Zoning Administrator shall be subject to inspection as provided by Section 4, Subsection G of this Ordinance. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.13 E. Denial, Revocation and Refusal to Renew License (1) The Board of Commissioners may deny, revoke or refuse to renew a license granted under this Ordinance if it receives a recommendation of such action from the Planning Board acting on the recommendation of the Zoning Administrator. (2) Before the Board of Commissioners denies, revokes or refuses to renew a license applied for or issued pursuant to this Ordinance the Board of Commissioners shall cause a written notice to be sent by certified mail to the licensee or applicant affected, at the address stated in the license or application. The notice shall advise the affected party of its rights to appear before the Board of Commissioners, with or without legal counsel, at a stated time and place to hear all evidence submitted, examine or cross-examine any person providing such evidence and to present any evidence relevant to such denial, revocation or refusal to renew a license under this Ordinance. (3) A license issued pursuant to this section shall be revoked by action of the Board of Commissioners if the Board of Commissioners determines that: (a) The licensee has violated any provision of this Ordinance; (b) Subsequent to the date of the Application required by this Ordinance, the licensee, or the legal or beneficial owner of any interest in the licensee is convicted of any felony; prostitution or any violation of any law relative to prostitution; crime involving sexual misconduct; as codified in the laws of the United States, this or any other state, including, but not limited to convictions of violations of any of the offenses enumerated in Articles 26, 26A and 27 of Chapter 14 of the North Carolina General Statutes, or the same offenses as codified in the laws of any other state. (c) Subsequent to the date of submission of the information required by Section 3, Subsection D, Paragraph 8 of this Ordinance, any employee or contract personnel of the licensee is convicted of any felony; prostitution or any violation of any law relative to prostitution; crime involving sexual misconduct; or any offense against public morality and decency as codified in the laws of the United States, this or any other state, including, but not limited to convictions of violations of any of the offenses enumerated in Articles 26, 26A and 27 of Chapter 14 of the North Carolina General Statutes, or the same offenses as codified in the laws of any other state, which arises out of, or in the course of the business of the licensee. (d) The licensee has knowingly, willingly, or intentionally allowed possession, consumption, or sale of alcohol, alcoholic beverages, or controlled substances on the licensed premises. (e) The licensee has knowingly, willingly, or intentionally operated a sexually oriented business during a period of time when the licensee's license was suspended for any reason. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.14 (f) The licensee has knowingly, willingly, or intentionally allowed prostitution on the licensed premises. (g) The licensee has knowingly, willingly, or intentionally violated state ABC laws on the licensed premises. (4) When a license is revoked pursuant to this Ordinance, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date the revocation became effective. However, subsequent to revocation the Board of Commissioners may grant to the applicant a license if upon application of the former licensee it finds that the basis for the revocation has been corrected or abated and at least ninety (90) days have elapsed since the date the revocation became effective. Such license shall expire on the date of expiration of the previously revoked license. F. Appeal to Court. After denial of an application, or denial of a renewal of an application or revocation of any license, and all administrative measures have been exhausted, the applicant or licensee may seek immediate judicial review of such action in any court of competent jurisdiction. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.15 SECTION 4: BUSINESS REGULATION The following business regulations apply to the ability to operate a sexually oriented business in Person County: A. Alcohol. No Sexually Oriented Businesses may be located in a building that sells or serves alcohol or alcoholic beverages or allows alcohol or alcoholic beverages to be consumed on the premises. B. Location. No Sexually Oriented Businesses shall be permitted in any building which is: (1) Located within four hundred (400) feet in any direction from a building used as a dwelling. (2) Located within four hundred (400) feet in any direction from a residential zoning district. (3) Located within two hundred (200) feet in any direction from a building in which a sexually oriented business is located. (4) Located within one thousand (1,000) feet in any direction from a building in which a religious complex is located. (5) Located within one thousand (1,000) feet 'in any direction from a building in which a library, school, or a state licensed child day care center is located. (6) Located within one thousand (1,000) feet in any direction from any lot or parcel on which a public playground, public swimming pool, or public park is located. Measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest portion of a building or structure of a use listed above. C. Signs. Signs for Sexually Oriented Business are allowed, as permitted by ordinance in Person County but may not include promotional displays, flashing lights, or photographs, silhouettes, drawings, or pictorial representations of any manner depicting sexual activity, themes or nudity. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.16 D. License. The applicant(s) obtain a license in accordance with Section 3 of this Ordinance. E. Compliance with Law. The applicant(s) conforms to all applicable law including the rules and regulations of Person County and the State of North Carolina. F. List of Employees. In addition to the above requirements, every licensed sexually oriented business shall maintain a current list of all employees employed by the licensee showing: the legal name, current stage name, current address, current phone number, date of birth, and current driver's license number. In addition the licensee of a sexually oriented business shall maintain a record, updated no less frequently than every six (6) months, showing the name, Social Security Number, height, weight, hair and eye color, scars, tattoos and a passport quality photograph of each employee; such list shall be maintained on the premises of the sexually oriented business. G. Inspection. (1) The records required by this section shall be kept available and open for inspection at any time the sexually oriented business is open for business by the Sheriff of Person County, the Roxboro Fire Department, the Person County Health Department, the Zoning Administrator or authorized representative of any of the foregoing. (2) An applicant or licensee shall permit representatives of the Person County Sheriff’s Department, the Roxboro Fire Department, Person County Health Department to inspect the premises of any sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. Failure or refusal by any person to permit a lawful inspection of the premises during regular business hours may result in the revocation of the privilege license. H. Hours of operation. (1) No sexually oriented business shall be open for business before 8:00 a.m. or after 2:00 a.m. daily, local time. (2) No business, nor any owner, agent or employee, licensed under this Ordinance shall admit customers or prospective customers, or remain open for business, or allow, permit or Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.17 condone any customer or patron upon the premises of a sexually oriented business before 8:00 a.m. or after 2:00 a.m. daily, local time. I. Minors. (1) No business, nor any owner, agent, or employee, licensed under this Ordinance shall allow, permit or condone the patronage of any person under the age of eighteen (18) years upon the licensed premises. A violation of this subsection shall be grounds for revocation of any license issued to such violator pursuant to this article. (2) No business, corporation, partnership, association, or other entity licensed pursuant to this Ordinance shall employ any person under the age of eighteen (18) years. A violation of this subsection shall be grounds for revocation of any license issued to such violator pursuant to this article. J. Manager's Station. A person who operates or causes to be operated a sexually oriented business which exhibits on the premises a film, video cassette, live entertainment, sells adult oriented merchandise including books, magazines, novelty items, computer software, videos, or shows other video reproductions which depicts specified sexual activities shall comply with the following requirements: (1) Upon application for a sexually oriented business license, the application shall be accompanied by a professionally prepared diagram in the nature of an engineer's or architect's blueprint of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place in which the business license will be conspicuously posted, if granted. The diagram shall be oriented to the north or to some designated street and drawn to a designated scale or with marked dimensions sufficient to show the various internal inches. (2) No alteration in the configuration of a manager's station may be made without prior approval of the Zoning Administrator or designee of the Zoning Administrator. (3) It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times when a patron is inside the premises to ensure that no illegal activity is taking place within the establishment. (4) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.18 patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment, books, or any items offered for sale. If the premises has two (2) or more manager's stations, then the interior of the premises shall be configured in such a manner that there is an unconstructive view of the entire area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations, excluding restrooms. The view required in this subsection shall be by direct line of sight from the manager's station. (5) It shall be the duty of the owner(s) and operator(s), and it shall be the duty of any agent(s) and employee(s) present in the premises, to ensure that the view area specified in subsection (4) remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as off limits to patrons. K. Lighting (1) Sexually oriented businesses shall be equipped with overhead lighting fixtures of sufficient 0intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot-candles as measured at the floor level. It shall be the duty of the owners and operator, and it shall be the duty of any agents and employees present in the premises, to ensure that this illumination is maintained at all times when any patron is present within the premises. (2) Adult motion picture theaters, adult mint motion picture theaters, and adult theaters shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot- candles as measured at the floor level. The seating area of the theater, however, shall observe an illumination of not less than point five (0.5) foot-candles as measured at the floor level. It shall be the duty of the owners and operator, and it shall be the duty of any agents and employees present in the premises, to ensure that this illumination is maintained at all times when any patron is present within the premises. L. Construction and Supervision (1) Adult motion picture theaters and adult theaters shall be in an enclosed building with no less than one hundred (100) fixed seats. No private viewing rooms or semiprivate booths are allowed and an adult mini motion picture theater shall not be constructed to allow more than one (1) person in a viewing room at any time and the manager of such shall not allow more than one (1) person in a viewing room at any time. (2) No owner or operator shall allow openings of any kind to exist between viewing rooms within an adult mini motion picture theater. The owner or operator of an adult mini motion Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.19 picture theater shall, during each business day, regularly inspect the walls between the viewing rooms to determine if any openings or holes exist. (3) The owner or operator of an adult mini motion picture theater shall cause all floor coverings in viewing rooms to be nonporous, easily cleanable surfaces, with no rugs or carpeting and shall cause all wall and ceiling surfaces in viewing rooms to be constructed of, or permanently covered by, nonporous, easily cleanable material. M. Prohibited Conduct on Premises of Sexually Oriented Businesses. (1) It shall be a violation of this Ordinance for any person in a sexually oriented business to appear in a state of full nudity or to depict specified sexual activities. (2) No owner, operator, manager, employee, entertainer or contract personnel, nor any customer or patron, shall appear bottomless or in a state of full nudity while on the premises of a sexually oriented business. (3) No owner, operator, manager, employee, entertainer or contract personnel, nor any customer or patron, shall perform any specified sexual activities as defined in this article, wear or use any device or covering exposed to view which stimulates or simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities, as defined in this article, or participate in any act of prostitution while on the premises of a sexually oriented business. (4) No owner, operator, manager, employee, entertainer or contract personnel, nor any customer or patron, shall knowingly touch, fondle or caress any specified anatomical area of another person, knowingly permit another person to touch, fondle or caress any specified anatomical area of his or hers, whether such specified anatomical areas are clothed, unclothed, covered or exposed, or sit on or in or otherwise occupy the lap of anyone while on the premises of a sexually oriented business. (5) No owner, operator, manager, employee, entertainer or contract personnel shall knowingly or intentionally appear in a semi-nude condition unless the person, while semi-nude, is at least ten (10) feet from any patron or customer and on a stage that is at least two (2) feet from the floor. (6) No employee shall solicit any pay or gratuity from any patron or customer while said employee is in a state of semi-nudity while on the premises of a sexually oriented business. (7) No private dance, viewing, projection or meeting areas shall be allowed within a sexually oriented business. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.20 N. Exterior of Sexually Oriented Businesses. It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from any point outside the establishment. O. Violation of Business Regulation. (Amended 08/18/2003) (1) A knowing violation of a Business Regulation set forth in this Ordinance shall cause the revocation of a license granted under this Ordinance. (2) Any person, firm or corporation who violates any provision of this Ordinance shall be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500). Each day a violation exists shall be a separate violation hereunder. (3) This Ordinance may be enforced by an appropriate equitable remedy, including temporary restraining order, preliminary injunction and permanent injunction as issued by a court of competent jurisdiction. Date of Adoption: January 7, 2002 Amended August 8, 2003 Page No.21 SECTION 5: SEVERABILITY It is hereby declared to be the intention of the Board of County Commissioners that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance is declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the Board of Commissioners without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section.