Restriction of Adult Bookstores and Movie Houses to Certain Areas

  1. Law
  2. Georgia Code
  3. Local Government
  4. General Provisions
  5. Restriction of Adult Bookstores and Movie Houses to Certain Areas

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  1. 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.
  2. 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.
  3. 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.

(Ga. L. 1971, p. 888, §§ 1, 3, 4; Ga. L. 1982, p. 3, § 36; Ga. L. 1997, p. 855, § 1.)

Cross references.

- Distribution of obscene materials, distribution of materials depicting nudity or sexual conduct, § 16-12-80 et seq.

Employment, use, persuasion, inducement, enticement, or coercion of minor to engage in sexual conduct for a visual medium or performance, § 16-12-100.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1997, in the fourth sentence of subsection (b), a comma was inserted following "worship" and "residential" was substituted for "residental".

Law reviews.

- For article, "Evil Angel Eulogy: Reflections on the Passing of the Obscenity Defense in Copyright," see 20 J. Intell. Prop. L. 209 (2013). For note, "Defending Against a Charge of Obscenity in the Internet Age: How Google Searches Can Illuminate Miller's 'Contemporary Community Standards,'" see 26 Ga. St. U. L. Rev. 1029 (2010).

JUDICIAL DECISIONS

Cited in 106 Forsyth Corp. v. Bishop, 482 F.2d 280 (5th Cir. 1973); Sanders v. State, 231 Ga. 608, 203 S.E.2d 153 (1974); Coleman v. Bradford, 238 Ga. 505, 233 S.E.2d 764 (1977).

RESEARCH REFERENCES

C.J.S.

- 101A C.J.S., Zoning and Land Planning, §§ 125, 127, 449.

ALR.

- Right of one who acquires title to, or other interest in, real property to benefit of a license previously issued by the public, permitting use of property for a specified purpose, 131 A.L.R. 1339.

Validity of statutes or ordinances requiring sex-oriented businesses to obtain operating licenses, 8 A.L.R.4th 130.


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