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<br /> a. Less than completely and opaquely covered: (i) human genitals,
<br /> pubic region, (ii) buttock, or (iii) female breast below a point
<br /> immediately above the top of the areola; or
<br /> b. Human male genitals in a discernibly turgid state, even if completely
<br /> and opaquely covered.
<br /> (11) "Specified sexual activities" means:
<br /> a. Human genitals in a state of sexual stimulation or arousal;
<br /> b. Acts of human masturbation, sexual intercourse or sodomy; or
<br /> C. Fondling or other erotic touchings of human genitals, pubic regions,
<br /> buttocks or female breasts. (1977, c. 987, s. l; 1985, c. 731, s. l;
<br /> 1998-46, s. 4.)
<br /> § 14-202.11. Restrictions as to adult establishments.
<br /> (a) No person shall permit any building, premises, structure, or other facility that
<br /> contains any adult establishment to contain any other kind of adult establishment. No person
<br /> shall permit any building, premises, structure, or other facility in which sexually oriented
<br /> devices are sold, distributed, exhibited, or contained to contain any adult establishment.
<br /> (b) No person shall permit any viewing booth in an adult mini motion picture theatre to
<br /> be occupied by more than one person at any time.
<br /> (c) Nothing in this section shall be deemed to preempt local government regulation of
<br /> the location or operation of adult establishments or other sexually oriented businesses to the
<br /> extent consistent with the constitutional protection afforded free speech. (1977, c. 987, s. l;
<br /> 1985, c. 731, s. 2; 1998-46, s. 5.)
<br /> § 14-202.12. Violations; penalties.
<br /> Any person who violates G.S. 14-202.11 shall be guilty of a Class 3 misdemeanor. Any
<br /> person who has been previously convicted of a violation of G.S. 14-202.11, upon conviction for
<br /> a second or subsequent violation of G.S. 14-202.11, shall be guilty of a Class 2 misdemeanor.
<br /> As used herein, "person" shall include:
<br /> (1) The agent in charge of the building,premises, structure or facility; or
<br /> (2) The owner of the building, premises, structure or facility when such owner
<br /> knew or reasonably should have known the nature of the business located
<br /> therein, and such owner refused to cooperate with the public officials in
<br /> reasonable measures designed to terminate the proscribed use; provided,
<br /> however, that if there is an agent in charge, and if the owner did not have
<br /> actual knowledge, the owner shall not be prosecuted; or
<br /> (3) The owner of the business; or
<br /> (4) The manager of the business. (1977, c. 987, s. l; 1985, c. 731, s. 3; 1993, c.
<br /> 539, s. 132; 1994, Ex. Sess., c. 24, s. 14(c).)
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