§ 160A‑181.1. Regulation of sexually oriented businesses.
(a) The General Assembly finds and determines that sexuallyoriented businesses can and do cause adverse secondary impacts on neighboringproperties. Numerous studies that are relevant to North Carolina have foundincreases in crime rates and decreases in neighboring property values as aresult of the location of sexually oriented businesses in inappropriatelocations or from the operation of such businesses in an inappropriate manner.Reasonable local government regulation of sexually oriented businesses in orderto prevent or ameliorate adverse secondary impacts is consistent with thefederal constitutional protection afforded to nonobscene but sexually explicitspeech.
(b) In addition to State laws on obscenity, indecent exposure,and adult establishments, local government regulation of the location andoperation of sexually oriented businesses is necessary to prevent undue adversesecondary impacts that would otherwise result from these businesses.
(c) A city or county may regulate sexually oriented businessesthrough zoning regulations, licensing requirements, or other appropriate localordinances. The city or county may require a fee for the initial license andany annual renewal. Such local regulations may include, but are not limited to:
(1) Restrictions on location of sexually oriented businesses,such as limitation to specified zoning districts and minimum separation fromsensitive land uses and other sexually oriented businesses;
(2) Regulations on operation of sexually oriented businesses,such as limits on hours of operation, open booth requirements, limitations onexterior advertising and noise, age of patrons and employees, requiredseparation of patrons and performers, clothing restrictions for masseuses, andclothing restrictions for servers of alcoholic beverages;
(3) Clothing restrictions for entertainers; and
(4) Registration and disclosure requirements for owners andemployees with a criminal record other than minor traffic offenses, andrestrictions on ownership by or employment of a person with a criminal recordthat includes offenses reasonably related to the legal operation of sexuallyoriented businesses.
(d) In order to preserve the status quo while appropriatestudies are conducted and the scope of potential regulations is deliberated,cities and counties may enact moratoria of reasonable duration on either theopening of any new businesses authorized to be regulated under this section orthe expansion of any such existing business. Businesses existing at the time ofthe effective date of regulations adopted under this section may be required tocome into compliance with newly adopted regulations within an appropriate andreasonable period of time.
(e) Cities and counties may enter into cooperative agreementsregarding coordinated regulation of sexually oriented businesses, includingprovision of adequate alternative sites for the location of constitutionallyprotected speech within an interrelated geographic area.
(f) For the purpose of this section, "sexually orientedbusinesses" means any businesses or enterprises that have as one of theirprincipal business purposes or as a significant portion of their business anemphasis on matter and conduct depicting, describing, or related to anatomicalareas and sexual activities specified in G.S. 14‑202.10. Localgovernments may adopt detailed definitions of these and similar businesses inorder to precisely define the scope of any local regulations. (1998‑46, s. 1.)
§ 160A‑181.1. Regulation of sexually oriented businesses.
(a) The General Assembly finds and determines that sexuallyoriented businesses can and do cause adverse secondary impacts on neighboringproperties. Numerous studies that are relevant to North Carolina have foundincreases in crime rates and decreases in neighboring property values as aresult of the location of sexually oriented businesses in inappropriatelocations or from the operation of such businesses in an inappropriate manner.Reasonable local government regulation of sexually oriented businesses in orderto prevent or ameliorate adverse secondary impacts is consistent with thefederal constitutional protection afforded to nonobscene but sexually explicitspeech.
(b) In addition to State laws on obscenity, indecent exposure,and adult establishments, local government regulation of the location andoperation of sexually oriented businesses is necessary to prevent undue adversesecondary impacts that would otherwise result from these businesses.
(c) A city or county may regulate sexually oriented businessesthrough zoning regulations, licensing requirements, or other appropriate localordinances. The city or county may require a fee for the initial license andany annual renewal. Such local regulations may include, but are not limited to:
(1) Restrictions on location of sexually oriented businesses,such as limitation to specified zoning districts and minimum separation fromsensitive land uses and other sexually oriented businesses;
(2) Regulations on operation of sexually oriented businesses,such as limits on hours of operation, open booth requirements, limitations onexterior advertising and noise, age of patrons and employees, requiredseparation of patrons and performers, clothing restrictions for masseuses, andclothing restrictions for servers of alcoholic beverages;
(3) Clothing restrictions for entertainers; and
(4) Registration and disclosure requirements for owners andemployees with a criminal record other than minor traffic offenses, andrestrictions on ownership by or employment of a person with a criminal recordthat includes offenses reasonably related to the legal operation of sexuallyoriented businesses.
(d) In order to preserve the status quo while appropriatestudies are conducted and the scope of potential regulations is deliberated,cities and counties may enact moratoria of reasonable duration on either theopening of any new businesses authorized to be regulated under this section orthe expansion of any such existing business. Businesses existing at the time ofthe effective date of regulations adopted under this section may be required tocome into compliance with newly adopted regulations within an appropriate andreasonable period of time.
(e) Cities and counties may enter into cooperative agreementsregarding coordinated regulation of sexually oriented businesses, includingprovision of adequate alternative sites for the location of constitutionallyprotected speech within an interrelated geographic area.
(f) For the purpose of this section, "sexually orientedbusinesses" means any businesses or enterprises that have as one of theirprincipal business purposes or as a significant portion of their business anemphasis on matter and conduct depicting, describing, or related to anatomicalareas and sexual activities specified in G.S. 14‑202.10. Localgovernments may adopt detailed definitions of these and similar businesses inorder to precisely define the scope of any local regulations. (1998‑46, s. 1.)
§ 160A‑181.1. Regulation of sexually oriented businesses.
(a) The General Assembly finds and determines that sexuallyoriented businesses can and do cause adverse secondary impacts on neighboringproperties. Numerous studies that are relevant to North Carolina have foundincreases in crime rates and decreases in neighboring property values as aresult of the location of sexually oriented businesses in inappropriatelocations or from the operation of such businesses in an inappropriate manner.Reasonable local government regulation of sexually oriented businesses in orderto prevent or ameliorate adverse secondary impacts is consistent with thefederal constitutional protection afforded to nonobscene but sexually explicitspeech.
(b) In addition to State laws on obscenity, indecent exposure,and adult establishments, local government regulation of the location andoperation of sexually oriented businesses is necessary to prevent undue adversesecondary impacts that would otherwise result from these businesses.
(c) A city or county may regulate sexually oriented businessesthrough zoning regulations, licensing requirements, or other appropriate localordinances. The city or county may require a fee for the initial license andany annual renewal. Such local regulations may include, but are not limited to:
(1) Restrictions on location of sexually oriented businesses,such as limitation to specified zoning districts and minimum separation fromsensitive land uses and other sexually oriented businesses;
(2) Regulations on operation of sexually oriented businesses,such as limits on hours of operation, open booth requirements, limitations onexterior advertising and noise, age of patrons and employees, requiredseparation of patrons and performers, clothing restrictions for masseuses, andclothing restrictions for servers of alcoholic beverages;
(3) Clothing restrictions for entertainers; and
(4) Registration and disclosure requirements for owners andemployees with a criminal record other than minor traffic offenses, andrestrictions on ownership by or employment of a person with a criminal recordthat includes offenses reasonably related to the legal operation of sexuallyoriented businesses.
(d) In order to preserve the status quo while appropriatestudies are conducted and the scope of potential regulations is deliberated,cities and counties may enact moratoria of reasonable duration on either theopening of any new businesses authorized to be regulated under this section orthe expansion of any such existing business. Businesses existing at the time ofthe effective date of regulations adopted under this section may be required tocome into compliance with newly adopted regulations within an appropriate andreasonable period of time.
(e) Cities and counties may enter into cooperative agreementsregarding coordinated regulation of sexually oriented businesses, includingprovision of adequate alternative sites for the location of constitutionallyprotected speech within an interrelated geographic area.
(f) For the purpose of this section, "sexually orientedbusinesses" means any businesses or enterprises that have as one of theirprincipal business purposes or as a significant portion of their business anemphasis on matter and conduct depicting, describing, or related to anatomicalareas and sexual activities specified in G.S. 14‑202.10. Localgovernments may adopt detailed definitions of these and similar businesses inorder to precisely define the scope of any local regulations. (1998‑46, s. 1.)
