Title 36, Chapter 60, Section 3
( 36-60-3)
(a) As used in this Code section, the term: (1) "Adult bookstore" means any commercial establishment in which
is offered for sale any book or publication, film, or other medium
which depicts sexually explicit nudity or sexual conduct. (2) "Adult movie house" means any movie theater which on a
regular, continuing basis shows films rated "X" by the Motion
Picture Coding Association of America or any movie theater which
presents for public viewing on a regular, continuing basis
so-called "adult films" depicting sexual conduct. (3) "Explicit media outlet" means any commercial establishment
which has an inventory of goods that is composed of at least 50
percent of books, pamphlets, magazines, or other printed
publications, films, or other media which depict sexually explicit
nudity or sexual conduct. (4) "Sexual conduct" means acts of masturbation, homosexuality,
sodomy, sexual intercourse, or physical contact with a person's
clothed or unclothed genitals, pubic area, buttocks, or, if such
person is female, breast which, to the average person, applying
contemporary community standards, taken as a whole, lacks serious
literary, artistic, political, or scientific value and
predominantly appeals to the prurient interest, that is, a
shameful or morbid interest in nudity or sex. (5) "Sexually explicit nudity" means a state of undress so as to
expose the human male or female genitals or pubic area with less
than a full opaque covering or the depiction of covered or
uncovered male genitals in a discernibly turgid state which, to
the average person, applying contemporary community standards,
taken as a whole, lacks serious literary, artistic, political, or
scientific value and predominantly appeals to the prurient
interest, that is, a shameful or morbid interest in nudity or sex. (b) The governing authority of each county and municipal corporation
is authorized to enact, for their respective jurisdictions,
ordinances which shall have the effect of restricting the operation
of adult bookstores, explicit media outlets, and adult movie houses
to areas zoned for commercial or industrial purposes; provided,
however, that no explicit media outlet or adult movie house shall be
located within 1,000 feet of any school building, school grounds,
college campus, public place of worship, or area zoned primarily for
residential purposes. As used in this subsection, the term "school
building" shall apply only to public or private school buildings.
The distance requirement provided in this subsection for explicit
media outlets and adult movie houses shall not apply to said
locations which hold lawful permits or business licenses on July 1,
1997. In determining the distance requirements provided for in this
Code section, the measurement shall be from the closest property
line on which the adult bookstore, explicit media outlet, or adult
movie house is located to the closest property line on which the
school, college, religious institution, public place of worship, or
area zoned primarily for residential purposes is located. Nothing
in this Code section shall be construed so as to prohibit the
adoption by the governing authority of any county or municipality of
restrictions relating to the location of adult bookstores, explicit
media outlets, and adult movie houses which are more stringent than
the requirements of this Code section. (c) Any person, firm, or corporation violating any ordinance enacted
pursuant to subsection (b) of this Code section shall be guilty of a
misdemeanor. Each day of operation in violation shall be deemed a
separate offense. |