§ 21-2-101. DEFINITIONS.

(a)

In general. In this title the following words have the meanings indicated.

(b)

Adult entertainment business. "Adult entertainment business" means an adult store or an adult movie theater.

(c)

Adult store. "Adult store" means a business establishment open to the public, or to members, that offers for sale or rental any printed, recorded, photographed, filmed, or otherwise viewable material, or any paraphernalia, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing, or relating to sexual activities.

(d)

Adult movie theater.

(1)

"Adult movie theater" means a business establishment open to the public, or to members, that maintains display devices for viewing on the premises films, videos, or other viewable material, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing, or relating to sexual activities.

(2)

"Adult movie theater" does not include a motion picture theater which has seating for at least 50 individuals per screen.

(e)

Director. "Director" includes the Director's designee.

(f)

Display device. "Display device" means an electronically or mechanically controlled still or motion picture machine, film projector, videotape player, or other image-producing device that may be activated directly or indirectly by viewers or at the request of viewers for which a fee is charged.

(g)

Sexual activities. "Sexual activities" includes:

(1)

Nudity or partial nudity, as defined in § 101 of the Baltimore County Zoning Regulations; and

(2)

Sexual conduct, sexual excitement, or sadomasochistic abuse, as defined in § 11-101 of the Criminal Law Article of the Annotated Code of Maryland.

(h)

Substantial portion. "Substantial portion" means:

(1)

At least 15% of the stock in the establishment or on display consists of matters or houses devices depicting, describing, or relating to sexual activities; or

(2)

At least 15% of the usable floor area is used for the display or storage of matters or houses devices depicting, describing, or relating to sexual activities; or

(3)

At least 15% of the establishment's gross retail sales or revenues are derived from the sale, lease or rental of matters or devices depicting, describing or relating to sexual activities.

(i)

Viewing booth. "Viewing booth" means a space or area within an adult entertainment business in which a display device is located for purposes of viewing pictures, films, videotapes, or other images.

(1988 Code, § 24-470) (Bill No. 29-98, § 3, 3-20-1998; Bill No. 73-03, § 37, 7-1-2004; Bill No. 50-10, § 2, 7-19-2010)

Editor's note:
  Section 3 of Bill No. 50-10 provides that this Act does not apply to an adult entertainment business lawfully established prior to the effective date of this Act. An adult entertainment business may continue to operate until one year from the effective date of this Act. On or after that date, all adult entertainment businesses shall conform to the requirements of this Act.