In the execution of this article it is recognized through documented studies that there are some adult entertainment uses which, due to their very nature, have serious objectionable secondary effects such as an increased crime rate and property devaluation in close proximity. The objectionable secondary effects are further heightened by the concentration of adult entertainment uses in any one (1) area, thereby having deleterious effects on adjacent areas. It is the purpose of this article to regulate adult entertainment establishments to promote the health, safety, morals and general welfare of the citizens of North Myrtle Beach and to establish reasonable and uniform regulations to minimize secondary effects and prevent deleterious location and concentration of adult entertainment establishments within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials or expression, including those which are sexually oriented. Similarly, it is not the intent to deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.

(Ord. No. 90-34, § 1, 8-28-90)

Except as specifically defined herein, all words used in this article have their customary dictionary definitions.

(1)

Adult bookstore means a commercial establishment which, as one (1) of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:

(a)

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

(b)

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes 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 bookstore. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore, so long as one (1) of its principal 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."

(2)

Adult cabaret means a commercial establishment which regularly features:

(a)

Persons who appear in a state of nudity; or

(b)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(c)

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(3)

Adult entertainment establishments include, but are not limited to: adult cabarets and adult bookstores as defined herein; and any other establishment which contains as one (1) of its principal business purposes activities or materials characterized by the performance, depiction or description of "specified sexual activities" or "specified anatomical areas."

(4)

Child day care center means a state-licensed child day care center which regularly receives thirteen (13) or more children for day care.

(5)

Church means a building or portion thereof recognized by zoning as a use primarily for the conducting of organized religious services and accessory uses associated therewith.

(6)

Location means and includes any of the following:

(a)

The opening or commencement of any adult entertainment establishment as a new business;

(b)

The conversion of an existing business to an adult entertainment establishment;

(c)

The addition of any adult entertainment establishment to any other existing adult entertainment establishment; or

(d)

The relocation of any adult entertainment establishment.

(7)

Public park means a tract of land owned or maintained by a government entity, designated and used by the public for active and passive recreation.

(8)

School means a public or private elementary or secondary learning institute recognized by the State of South Carolina.

(9)

Sexually oriented means characterized by the performance, depiction or description of "specified sexual activities" or "specified anatomical areas."

(10)

Specified sexual activities means:

(a)

Human genitals in a state of sexual arousal;

(b)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(c)

Masturbation, actual or simulated;

(d)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(11)

Specified anatomical areas means:

(a)

Less than completely and opaquely covered:

(1)

Human genitals, pubic region;

(2)

Buttock;

(3)

Female breast below a point immediately above the top of the areola; and

(b)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(12)

State of nudity means the appearance of a human bare buttock, male or female genitals, or female breast.

(Ord. No. 90-34, § 1, 8-28-90)

(A)

Adult entertainment establishments shall be regulated as to location in the following manner in addition to any other requirements of this Code:

(1)

No adult entertainment establishments shall be located within six hundred (600) feet of an R-1, R-1A, R-2, R-2A, R-3, R-4 district and PDD's containing residential uses, a church, a day care center, a school, a public park, a hospital or a convalescent/nursing home.

(2)

No adult entertainment establishment shall be located within two thousand (2,000) feet of another such use.

(3)

No more than one (1) adult entertainment establishment shall be located in the same building or structure or on the same lot.

(4)

For the purpose of subsection (1) of this section, measurement shall be made in a straight line from the nearest property line of the premises where an adult entertainment establishment is located to the nearest property line of the premises of a church, day care center, school, public park or nearest residential zoning boundary.

(5)

For the purpose of subsection (2) of this section, the distance between any two (2) adult entertainment establishments shall be measured in a straight line from the closest property lines of the premises where the adult entertainment establishments are located.

(B)

No adult entertainment establishment shall exhibit photographs, silhouettes, drawings or pictorial representations depicting people, objects or activities related to the establishment within view of the general public.

(Ord. No. 90-34, § 1, 8-28-90; Ord. No. 97-32, §§ 1, 2, 8-18-97; Ord. No. 98-29, § 1, 10-5-98; Ord. No. 09-36, § 10, 11-16-09)