Wayne County, Georgia Ordinances - CH010- Chapter 10 Businesses

Chapter 10

BUSINESSES*
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* Cross References: Altamaha-Georgia Southern Regional Development Commission, § 2-136 et seq.; Industrial Development Authority, § 2-161 et seq.; buildings and building regulations, Ch. 8; erosion and sedimentation control, § 16-26 et seq.; floods, Ch. 18; health and sanitation, Ch. 20; manufactured homes and trailers, Ch. 22; solid waste, Ch. 28; subdivisions, Ch. 30; taxation, Ch. 32.

Related law reference--Wayne County Industrial Development Authority, art. III.
State Law References: County's authority to levy, assess and collect business and occupational license taxes and license fees; exemptions, O.C.G.A. § 36-1-22.
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Article I. In General
Sec. 10-1. Provisions saved from repeal.
Secs. 10-2--10-25. Reserved.

Article II. Licenses and Permits

Division I. Generally
Sec. 10-26. Turkey shoot.
Secs. 10-27--10-29. Reserved.

Division 2. Adult Entertainment
Sec. 10-30. Adult entertainment establishment; finding; public purpose.
Sec. 10-31. Definitions.
Sec. 10-32. Permitted locations.
Sec. 10-33. Other locational requirements.
Sec. 10-34. Licensing.
Sec. 10-35. Regulations.

ARTICLE I.

IN GENERAL

Sec. 10-1. Provisions saved from repeal.

(a) The provisions of the resolution of 2-5-57 regulating certain businesses in the county are not repealed and shall remain in full force and effect pending a revision of the subject matter by the county.

(b) An official copy of the provisions described in subsection (a) of this section is on file in the office of the clerk of the board of commissioners.

Secs. 10-2--10-25. Reserved.

ARTICLE II.

LICENSES AND PERMITS*
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* State Law References: Electrical service businesses organized, Tit. 46, Ch. 3.
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DIVISION 1.

GENERALLY

Sec. 10-26. Turkey shoot.

(a) Short title. This section shall be known and may be cited as the "Turkey Shoot Ordinance for Wayne County".

(b) Definitions. For purposes of this section, the following terms, phrases, words, and their derivations shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number.

A "turkey shoot" is any shooting match or contest in which powder burning shot guns or rifles are used and prizes are awarded for marksmanship in which the general public is invited to participate.

(c) License. Prior to the operation of any "turkey shoot" in the unincorporated areas of the county a license must be first acquired from the Wayne County Sheriff's Office and the required fee paid.

(d) Duration. A license is good for 90 days from the date of issuance and expires at 12:00 noon on the final day. A "turkey shoot" shall commence no sooner than 8:00 a.m. on a given day and shall cease on the same day at 11:00 p.m.

(e) Fee. The license fee for each license shall be $25.00 per license period.

(f) Application. A license shall be issued by the sheriff's department only after a written application shall be completed and filed with the department stating the name, age and address of the applicant and whether or not the applicant has ever been convicted of a felony. No license shall be issued to a minor or to a person who has been convicted of a felony.

(g) No "turkey shoot" shall be conducted:

(1) Within 100 feet of any public road or highway;

(2) Within 1,320 feet of any residence, other than that owned or occupied by the licensee.

(h) The licensee shall exercise care so as to prevent shooting in any direction or in any manner so as to endanger the lives and property of others.

(i) No alcoholic beverages shall be consumed on the premises of the "turkey shoot" while said shoot is in progress.

(j) In the event that any of the provisions of this section are violated the license shall be revoked. In the event any violation of this section is carried on with the knowledge and consent of the licensee he shall be guilty of a misdemeanor.
(Ord. of 11-3-92, §§ I--XI)

Secs. 10-27--10-29. Reserved.

DIVISION 2.

ADULT ENTERTAINMENT

Sec. 10-30. Adult entertainment establishment; finding; public purpose.

Based on the experiences of other urban counties and municipalities, including but not limited to Atlanta, College Park, Carrollton, Whitfield County, Georgia, which experiences are relevant to the problems faced by Wayne County, the commissioners take note of the well-known and self-evident conditions attendant to the commercial exploitation of human sexuality, which do not vary greatly among generally comparable counties in our state.

Moreover, it is the finding of the commissioners that public nudity (either partial or total) under certain circumstances, particularly circumstances related to the sale and consumption of alcoholic beverages in so-called "nude bars" or establishments offering so-called "nude entertainment" or "adult entertainment," leads to an increase in the surrounding area of criminal behavior and creates undesirable community conditions, blight and diminution in property values. In the same manner, establishments offering photographic adult entertainment have the same deleterious effects on the county.

Among the acts of criminal behavior identified with the commercial combination of live nudity and alcohol, live commercial nudity in general, and photographic adult entertainment are disorderly conduct, prostitution, solicitation, drug trafficking, drug use and corruption of public officials. Among the undesirable community conditions identified with the commercial combination of live nudity and alcohol, commercial nudity in general, and photographic adult entertainment are depression of property values and acceleration of community blight in the surrounding neighborhood, increased allocation of and expenditure for law enforcement personnel to preserve law and order, and increased burden on the judicial system as a consequence of the criminal behavior hereinabove described.

Furthermore, it is the finding of the county commissioners that other forms of adult entertainment including, but not limited to, adult bookstores, peep shows, adult theaters and massage parlors have a deleterious effect upon the quality of life in neighborhoods, commercial districts and urban life in general.

Accordingly, it is in the best interests of the health, welfare, safety and morals of the county to reduce the adverse impact of adult entertainment facilities by limiting the number of such uses, so as to reduce the negative impacts of adult entertainment facilities or adult uses upon other business uses, neighborhood property values, residential areas and public and semi-public uses; to insure that adult uses and adult entertainment facilities do not impede development, redevelopment and neighborhood revitalization efforts; and so as to avoid allowing adult entertainment and adult uses in heavily used public pedestrian areas.

Therefore, the limitation of adult uses and adult entertainment to certain prescribed areas of the county is in the public welfare and it is a matter of governmental interest and concern to minimize the occurrence of criminal behavior and undesirable community conditions normally associated with establishments which provide or establish adult entertainment or adult uses. To that end, this article is hereby adopted.

Sec. 10-31. Definitions.

For the purposes of this chapter:

Adult entertainment means any establishment which offers for commercial purposes on its premises:

(1) Permitting, performing or engaging, in person, on the premises, in acts of or acts which simulate:

(a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

(b) The touching, caressing or fondling, either of one's self or of another, of the breasts, buttocks, anus or genitals.

(d) Appearing or permitting any person to appear unclothed or in such attire, costume or clothing as to expose to view any portion of the female areola, any portion of anus, vulva or genitals, cleft of the buttocks, or attached male or female pubic hair.

(2) Showing or permitting the showing of films, still pictures, electronics reproductions or other visual reproductions depicting:

(a) Masturbation, or acts of sexual intercourse, sodomy, oral copulation, flagellation or any sexual acts which are prohibited by law in which the unclothed contact of the genitalia of two or more persons is clearly visible.

Provided, however, that random acts of patrons or employees, whose actions do not constitute actions taken pursuant to encouragement or acquiescence of the management of the establishment and are not for the purpose of entertainment, promotion, publicity or notoriety for the establishment shall not constitute adult entertainment as defined in this section; provided further that nothing herein shall be deemed to make legal any conduct that may otherwise be prohibited by law.

Adult entertainment facility means any commercial establishment in Wayne County where adult entertainment is sponsored, allowed, encouraged, condoned, presented, sold or offered to the public.

Sec. 10-32. Permitted locations.

No adult entertainment establishment, business or use shall be located within 1,000 feet, measured from the closest point of the real property on which the adult entertainment establishment is sought to be erected and operated in a straight line to the closest point of the real property of the following:

(1) Any parcel of land which is either named or used for residential uses or purposes;

(2) A church, school, government owned or operated public facility, library, public park or hospital;

(3) Any other adult entertainment establishment;

(4) An establishment licensed to sell alcoholic beverages.

If the adult entertainment establishment or the activity to which a measurement is required as a part of a tract of land occupied by other uses, the measurement shall be from the closest point of the total tract of land(s) and not the building(s) in which the activities are located.

Sec. 10-33. Other locational requirements.

(a) Adult entertainment facilities shall be subject to the provisions, this chapter and the following standards of use:

(1) The minimum lot area for an adult entertainment facility shall be two acres.

(2) Buildings and structures established in connection with an adult entertainment facility shall be separated at least 40 feet from any other business establishment and the minimum rear yard shall be 75 feet.

Sec. 10-34. Licensing.

(a) Any person, firm, partnership or corporation which owns or operates an establishment offering adult entertainment shall be required to obtain a license for an adult entertainment facility. No person, firm, partnership or corporation shall be permitted to operate an adult entertainment facility unless and until such a license is obtained.

(b) To obtain an adult entertainment facility license, the applicant must:

(1) Complete the application. Any untrue or misleading information contained in or material omission left out of an original or renewal application for a license hereunder shall be cause for the denial thereof, and, if any license has been granted under these circumstances, same shall be cause for revocation.

(2) Provide documentation to prove that the applicant meets or exceeds the conditions of zoning pertaining to the property to be licensed; provide an "as built" survey prepared and certified by a registered land surveyor or professional engineer depicting the location of the structure which will operate as the adult entertainment facility; and pay the applicable license fee. Prior to the issuance of such license, the "as built" survey shall be submitted to the county administrator for a determination as to whether the proposed site meets the standards set forth in the conditions of zoning and this chapter.

(3) Furnish a complete set of fingerprints for all owners of sole proprietorships, all officers and owners of 15 percent or more shares of any corporation and all partners of any partnership.

(c) No person, partnership, business, firm or corporation shall be granted a license if the person, partner or officers or the owners of 15 percent or more of the shares of or any interest in any such business, firm, partnership or corporation have been convicted of or have pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, lottery, gambling, illegal possession or sale of any narcotics, drugs or chemicals for which the sale thereof is controlled or prohibited by law, the control of the sale or distribution of alcoholic beverages, prostitution, solicitation, or the possession or receiving of stolen property, within a period of 15 years immediately prior to the filing of the application. Should any such person, partner, or officer or shareholder of a corporation, after a license has been granted, be convicted of or pled guilty or nolo contendere to any such crime, said license shall be subject to suspension and revocation. Withdrawal of an owner, officer or partner or enumerated shareholder, after pleading guilty or nolo contendere to the above enumerated crimes shall not necessarily mitigate against the penalty imposed hereby.

(d) The county shall issue no more than one license to an establishment meeting the definition of section 10-31(1)(a) per each 10,000 persons, or fraction thereof, living in the county according to the most recent decennial census of the United States as published by the United States Bureau of the Census.

(e) The county shall issue no more than one license to an establishment meeting the definition of section 10-31(1)(b) per each 10,000 persons, or fraction thereof, living in the county according to the most recent decennial census of the United States as published by the United States Bureau of the Census.

Sec. 10-35. Regulations.

(a) Any person, firm, business, partnership or corporation licensed hereunder shall comply with the following rules and regulations pertaining to the operation of the adult entertainment facility:

(1) No licensee shall offer adult entertainment between the hours of 2:00 a.m. and 12:00 p.m.

(2) No person under the age of 18 shall be permitted on the premises.

(3) No patron shall be permitted to touch, fondle or caress any performers, nor shall any performer be permitted to touch, fondle or caress a patron.

(4) No tips for performers shall be placed by a patron on the person of the performer.

(5) All live performers of adult entertainment shall be restricted to fixed stages and no patron shall be permitted on such stages for any purpose.

Fixed stage shall be defined as a raised floor area or stage at least four feet high and designed exclusively for, and used only by, performers. Tables used for seating and service to customers do not meet these standards and shall not be used for performing purposes.

(6) The license shall be displayed in a prominent place on the premises at all times.

(7) No licensee shall permit any alcoholic beverages to be served, offered or consumed on the licensed premises.

Violations of these rules and regulations will result in the suspension or revocation of the license.

(b) (1) No person may be employed or allowed to work as an independent contractor delivering adult entertainment by an establishment holding a license hereunder until such person has been fingerprinted by the sheriff's department and has been issued a letter of clearance by the sheriff's department indicating the person has not, within the preceding five years, been convicted of or pled nolo contendere to any law as set forth in section 10-34 (c) of this chapter. A letter of compliance shall be issued by the sheriff's department indicating the person is eligible for such employment. This letter must be kept on file at the licensed establishment where such person may be performing. This section shall apply to performers, entertainers and musicians engaged in temporary work or independent contracting, as well as regular employees.

(2) The sheriff's department shall have a search made relative to any criminal record of the person fingerprinted. In the event there is a violation of laws as set forth in section 10-34 (c) of this chapter, the sheriff's department shall issue a letter to the person fingerprinted stating that the person is ineligible for employment. This determination may be appealed to the county administrator.

(3) Any letter of eligibility for employment issued hereunder shall expire 12 months from the date of issue. The commissioners may prescribe reasonable fees for certifying the eligibility of employment.

(d) The fee for the adult entertainment facility license shall be $3,000.00 per year.

(e) Any person, firm, partnership or corporation who holds an adult entertainment facility license must also comply with all applicable local, state and federal laws or regulations otherwise pertaining to these establishments.
(Ord. of 4-12-99, § 1)