A. Location.

1. Owing to potentially objectionable operational characteristics of sexually oriented or adult uses, and the deleterious affect of such uses on existing businesses and/or residential areas around them, the location of such uses, where permitted by Table 1, shall be tempered by the supplemental siting criteria of this section.

2. No such use shall be located within one thousand (1,000) feet (measured in a straight line and documented on a map drawn to scale) of:

a. A residence or an RS Zone,

b. A church or religious institution,

c Public or private schools and educational facilities,

d. Public parks and recreational facilities,

e. U.S. Highway 15, 17A, 17, and 21, and S.C. Highways 61, 63, 64, 174, 303, 641, and the Walterboro Bypass, and Interstate 95,

f. Another sexually oriented business, or

g. Daycare facilities.

B. License Required. It shall be a misdemeanor for a person to operate a sexually oriented business without a valid permit and/or license, issued by the responsible governing authority for the particular type of business.

1. An application for a permit and/or license must be made on forms provided by the county planning and facilities department.

2. The premises must be inspected and found to be in compliance with the law by health, fire and building officials.

C. Expiration of License. Each permit and/or license shall expire at the end of each calendar year and may be renewed only by making application as provided herein.

D. Fees. The annual fee for a sexually oriented business license shall be five hundred dollars ($500).

E. Inspection.

1. An applicant or permittee and/or licensee shall permit representatives of the planning and facilities department, police, health or fire departments or other governmental departments or agencies involved in code enforcement to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

2. A person who operates a sexually oriented business or his/her agent or employee commits a misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

F. Suspension. The director of planning and facilities shall suspend a permit and/or license for a period not to exceed thirty (30) days if he determines that a permittee and/or licensee has:

1. Violated or is not in compliance with any section of this title, or

2. Refused to allow an inspection of the sexually oriented business premises as authorized by this section.

G. Revocation. The director of planning and facilities shall revoke a permit and/or license if he/she determines that:

1. A permittee and/or licensee gave false or misleading information in the material submitted to the building department during the application process.

2. A permittee and/or licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.

3. A permittee and/or licensee or an employee has knowingly allowed prostitution on the premises.

4. A permittee and/or licensee or an employee knowingly operated the sexually oriented business during a period of time when the permittee’s and/or licensee’s permit and/or license was suspended.

5. A permittee and/or licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the permitted and/or licensed premises.

6. A permittee and/or licensee is delinquent in payment to the county for any taxes or fees past due. (Ord. 99-O-25 § 3.13, 1999)