The District Council has reviewed the legislative records for all prior legislation and for the present legislation on the subject of adult book stores and/or adult book stores. The evidence in these legislative records includes studies of adult businesses and comments on the subject of adult book stores from government and community leaders in Prince George's County and in other jurisdictions in the United States. The District Council has reviewed the United States Supreme Court findings in City of Littleton, Colorado v. Z.J.Gifts D-4, L.L.C., a limited liability company, dba Christal's, 541 U.S. 774, 124 S.Ct. 2219 (2004). The Supreme Court in Littleton upheld the statutory scheme for adult businesses for a Colorado city enacted adult business ordinance that (1) required businesses such as adult bookstores to (a) have "adult business" licenses, and (b) comply with local zoning rules; (2) listed specific circumstances under which the city would deny a license; (3) set forth time limits (typically amounting to 40 days) within which city officials were required to reach a final licensing decision; and (4) provided that the final decision could be appealed to a state court pursuant to the state's civil procedure rules. This legislation is patterned after the Littleton Colorado statutes upheld by the United States Supreme Court in Littleton.

From the evidence in the legislative records for the present and prior legislation, the District Council makes the following legislative findings:

1. (1)
   The location of present and future adult book stores and/or adult video stores in that part of the Maryland-Washington Regional District in Prince George's County should be controlled through zoning regulations, to lessen or control the adverse secondary effects of such stores on their surrounding neighborhoods.
2. (2)
   Testimony in the legislative records and certain findings from other jurisdictions indicate that adult businesses, including adult book stores and/or adult video stores, have a strong tendency to affect neighborhood character and may be associated with neighborhood deterioration or depreciation of property values.
3. (3)
   Prince George's County has an additional interest in controlling the location of adult book stores and/or adult video stores, to prevent access to such stores by children, who may be adversely influenced by the materials sold in such stores.
4. (4)
   There are real and substantial governmental interests promoted by zoning regulations which control the location of adult book stores and/or adult video stores in that part of the Maryland-Washington Regional District in Prince George's County.
5. (5)
   The provisions of the Prince George's County Code and the Prince George's County Zoning Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult materials. Similarly, it is not the intent nor effect of the Prince George's County Code or the Prince George's County Zoning Ordinance to restrict or deny access by adults to adult materials protected by the First Amendment or the Maryland Constitution, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. Neither is it the intent nor effect of the Prince George's County Code or the Prince George's County Zoning Ordinance to condone or legitimize the distribution of obscene material.

An adult book store and/or adult video store is any commercial establishment which does not have a use and occupancy permit to operate as a movie theatre or nonprofit, free-lending library and which either:

1. (1)
   Has ten percent (10%) or more of its stock on the retail floor space of the premises to which the public is admitted, or has ten percent (10%) or more of its stock on display in the display space, in books, periodicals, photographs, drawings, sculptures, motion pictures, films, video cassettes, compact discs, digital video discs, digital video recorders or other visual representations which depict sadomasochistic abuse, sexual conduct, or sexual excitement; or
2. (2)
   Has on the premises one (1) or more mechanical devices specifically for the purpose, in whole or in part, of viewing such materials.

Sadomasochistic abuse means flagellation or torture by or upon a human who is nude, or clad in undergarments, or in a revealing or bizarre costume, or the condition of one who is nude or so clothed and is being fettered, bound, or otherwise physically restrained.

Sexual conduct means human masturbation, sexual intercourse, or any touching of or contact with the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex, or between humans and animals.

Sexual excitement means the condition of human male or female genitals, or the breasts of the female, when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.

Value means the full retail price at which the stock is offered for sale on the premises.

A certified nonconforming adult book store and/or adult video store may not continue to be operated unless the requirements of this Section are met. These requirements are in addition to any other applicable requirements in this Subtitle.

All certified nonconforming adult book stores and/or adult video stores shall meet the following requirements:

1. (1)
   All windows, doors, and other apertures shall be blackened or obstructed, to prevent anyone outside the establishment from viewing its interior;
2. (2)
   Advertising shall be limited to one (1) business sign, as provided for in Section 27-615; and
3. (3)
   The proprietor, owner, or personnel of the establishment shall prohibit access to the premises by any person who is under eighteen (18) years of age.

All adult book stores and/or adult video stores have to obtain a use and occupancy permit as set forth in Section 27-904. In order to provide for a reasonable standard of amortization and to prevent an unreasonable loss, all certified nonconforming adult book stores or adult video stores may continue in operation until January 1, 2011, in accordance with the provisions of this Subtitle.

A presumption shall exist for the granting of a use and occupancy permit to the applicant in favor of the adult book store and/or adult video store for the operation of an adult book store and/or adult video store relocating to the I-2 zone.

(1) The subject structure shall be located at least one thousand (1,000) feet from any property in a Residential Zone; property proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, an approved Official Plan for an R-P-C Zone, or an approved Conceptual or Detailed Site Plan; or property on which a school, library, park, playground, recreational facility, day care center for children, or church has been built, and at least five hundred (500) feet from another adult book store and/or adult video store.

2. (2)
   An adult book store and/or adult video store lawfully operating is not rendered a nonconforming use by the subsequent location of a residence within one thousand (1,000) feet of the adult book store and/or adult video store or the subsequent location of a school, library, park, playground, recreational facility, day care center for children, church, within one thousand (1,000) feet of the adult book store and/or adult video store, or the subsequent location of another adult book store and/or adult video store within five hundred (500) feet; however, if the adult book store and/or adult video store ceases operation for a period of one hundred eighty (180) calendar days or more regardless of any intent to resume operation, it may not recommence operation in that location.

The distance stated in Subsection (a) shall be measured as follows:

1. (1)
   If the property with the adult book store and/or adult video store adjoins or is in the vicinity of any property on which a residence, school, library, park, playground, recreational facility, day care center for children, church, or another adult book store and/or adult video store has been built, then the distance shall be measured along street or right-of-way lines from the front door or main entrance of the structure used for adult book store or adult video store purposes to the front door or main entrance of the residence, school, library, or other use, as just stated.
2. (2)
   If the property with the adult book store and/or Adult Book Store adjoins or is in the vicinity of undeveloped property which is in a Residential Zone or is proposed to be used for residential purposes on an approved Basic Plan for a Comprehensive Design Zone, an approved Official Plan for an R-P-C Zone, or an approved Conceptual or Detailed Site Plan, then the distance shall be measured in a straight line from the front door or main entrance of the structure used for adult book store and/or adult video store purposes to the nearest point of the boundary line of the undeveloped property in a Residential Zone or proposed for residential purposes on an approved Basic Plan, Official Plan, or Conceptual or Detailed Site Plan, as just stated.

Outdoor display of merchandise is prohibited.

The proprietor, owner, or personnel of the adult book store and/or adult video store shall prohibit access to the premises by any person who is under eighteen (18) years of age.

All windows, doors, and other apertures shall be blackened or obstructed to prevent anyone outside the establishment from viewing its interior.

Advertising shall be limited to one business sign, as provided for in Section 27-615 of this Subtitle.

The hours of operation of the adult book store and/or or adult video store shall not extend beyond 12:00 A.M. and shall not begin before 9:00 A.M.

An application for an adult book store and/ or adult video store use and occupancy permit shall be approved or denied by the Department of Permitting, Inspections, and Enforcement within fourteen (14) business days of the date that the application is accepted by the Department of Permitting, Inspections, and Enforcement.

Upon receipt, the Department of Permitting, Inspections, and Enforcement shall refer the application to the Maryland-National Capital Park and Planning Commission. The Maryland-National Capital Park and Planning Commission shall review the application and shall provide an approval or denial regarding zoning compliance as part of the application. Such determination shall be transmitted from the Maryland-National Capital Park and Planning Commission to the Department of Permitting, Inspections, and Enforcement within five (5) business days from the date of Maryland-National Capital Park and Planning Commission's receipt of the application from the Department of Permitting, Inspections, and Enforcement.

In the event that the Department of Permitting, Inspections, and Enforcement denies an application, the Department of Permitting, Inspections, and Enforcement shall, in writing, state the reasons for the denial, and a copy of such decision shall be sent by first class mail to the address provided by the applicant.

If the Department of Permitting, Inspections, and Enforcement fails to render a timely decision pursuant to the terms of this section, then the Department of Permitting, Inspections, and Enforcement shall be deemed to have approved or consented to the approval of the adult book store and/or adult video store use and occupancy permit.

An applicant may appeal to the Board of Zoning Appeals from a final decision of the Building Official for an adult book store and/or adult video store use and occupancy permit pursuant to Section 4-121 of the County Code.

Where a use and occupancy permit has been issued for a use other than as an adult book store and/or adult video store, as defined in Section 27-107.01 and Section 27-902, and the property is being utilized as an adult book store and/or adult video store, all use and occupancy permits for the property shall be deemed abandoned and shall automatically terminate.

Notice of abandonment and termination shall be mailed to the applicant by first class mail to the address provided by the applicant to the Department of Permitting, Inspections, and Enforcement.