Licensing of Peep Show Establishments

Baltimore City Code art. 13, div. III, subtit. 13

in effect

Baltimore City Code, Article 13, § 13-1 Definitions.

§ 13-1. Definitions. (a) In general. In this subtitle, the following terms have the meanings indicated. (b) Director. “Director” means the Director of Consumer Protection and Business Licensing or the Director’s designee. (c) Peep show establishment. (1) In general. “Peep show establishment” means a building or any part of a building that contains 1 or more peep show devices. (2) Exclusions. “Peep show establishment” does not include a theater for the production and viewing of the performing arts or motion pictures, as described in§ 303.1 (Assembly Group A-1) of the Baltimore City Building Code. (d) Peep show device. (1) In general. “Peep show device” means any device operated for commercial purposes in which: (i) motion picture or slide films are projected or viewed on a screen or through a viewer; or (ii) viewed images are exhibited by means of the projection of internal electronic reflection of motion-picture or slide films. (2) Exclusions. “Peep show device” does not include television that reflects externally transmitted images. (e) {Repealed} (Ord. 25-013 Section 1; Ord. 22-125; Ord. 13-093; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-2 {Reserved}

Baltimore City Code, Article 13, § 13-3 License and compliance required.

§ 13-3. License and compliance required. No person may operate a peep show establishment unless the person: (1) obtains a license from the Director for the operation of the establishment, and (2) complies with the provisions of this subtitle. (Ord. 25-013 Section 1; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-4 License term; fee.

§ 13-4. License term; fee. (a) Term. Each license issued under this subtitle expires on December 31 of each year. (b) Fee. (1) The annual fee for the license is $100 for each peep show device in the establishment. (2) This fee is in addition to any other fees chargeable by the City under City Code Article 15 {“Licensing and Regulation”}. (3) This fee is non-refundable, even if the establishment discontinues operation or is sold, given away, or otherwise disposed of. (Ord. 02-475.)

Baltimore City Code, Article 13, § 13-5 Investigation of applicant.

§ 13-5. Investigation of applicant. The Director must investigate each applicant for a new or renewal license to determine that: (1) the applicant did not knowingly make a material misstatement in the application; and (2) the establishment and its operation will comply with the requirements of: (i) the Building, Fire, and Related Codes of Baltimore City, (ii) the Health Code of Baltimore City; (iii) the Zoning Code of Baltimore City; and (iv) all other applicable laws. (Ord. 25-013 Section 1; Ord. 07-552; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-6 Issuance of license.

§ 13-6. Issuance of license. The Director must issue or renew the license if, on investigation, the Director finds that all the requirements of this subtitle are met. (Ord. 25-013 Section 1; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-7 Denial of license.

§ 13-7. Denial of license. (a) In general. The Director may deny an application if, after the applicant has been given the opportunity for a hearing, the Director finds that any requirement of this subtitle is not met. (b) Notice of reasons. The Director must notify the applicant in writing of the reasons for the denial. (Ord. 25-013 Section 1; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-8 Revocation or suspension of license.

§ 13-8. Revocation or suspension of license. (a) In general. The Director may suspend or revoke any license issued under this subtitle if, after the licensee has been given the opportunity for a hearing, the Director finds that: (1) the licensee knowingly made a material misstatement on the application for the issuance or renewal of the license; or (2) the establishment or its operation is in violation of a requirement of: (i) the Building, Fire, and Related Codes of Baltimore City, (ii) the Health Code of Baltimore City; (iii) the Zoning Code of Baltimore City; or (iv) all other applicable law. (b) Notice of decision. (1) The Director must notify the licensee in writing of the reasons for the suspension or revocation. (2) The notice must be mailed to the licensee at the address given on the most-recent application for a license. (c) 12-month bar. No person who has had a license revoked may obtain a new license at any time within 12 months from the date of the revocation. (Ord. 25-013 Section 1; Ord. 07-552; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-9 Hearings.

§ 13-9. Hearings. (a) In general. Before the Director denies, suspends, or revokes any license or license renewal, the Director must notify the applicant or licensee in writing that a hearing will be held to determine whether grounds exist for the denial, suspension, or revocation. (b) Notice. The notice must: (1) be mailed to the applicant or licensee, at the address given on the most-recent application, at least 5 days before the scheduled hearing; and (2) include the date, time, and place of the hearing. (c) Respondent’s rights at hearing. At the hearing, the applicant or licensee may: (1) have the assistance of counsel; (2) appear by counsel; and (3) present evidence. (d) Failure to appear. If the applicant or licensee fails to appear at the hearing, in person or by counsel, the evidence of the grounds for the denial, suspension, or revocation are considered unrebutted. (Ord. 25-013 Section 1; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-10 {Reserved}

Baltimore City Code, Article 13, § 13-11 Device permit tags.

§ 13-11. Device permit tags. (a) In general. No person may operate a peep show establishment unless every peep show device in the establishment: (1) is plainly marked with a serial number; and (2) has attached to it a permit tag issued by the Director. (b) Tag requisites. A permit tag: (1) must be affixed conspicuously to each device; (2) must remain so affixed until: (i) a new or different permit tag is issued for that device; or (ii) the license for the establishment is suspended or revoked; and (3) may not be transferred from 1 person to another or from 1 device to another. (Ord. 25-013 Section 1; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-12 {Reserved}

Baltimore City Code, Article 13, § 13-13 Building and construction requirements.

§ 13-13. Building and construction requirements. (a) In general. Every peep show establishment must comply with the building and construction requirements of this section, in addition to any other applicable requirements of the Building, Fire, and Related Codes Article of Baltimore City. (b) Booth construction. Each booth in which a peep show device is located must be constructed of: (1) not less than 1-hour fire-resistive material; or (2) other materials approved by the Fire Department. (c) Booth Size. (1) Each booth in which a peep show device is located must contain at least 24 square feet. (2) The viewing area must be of a size and arrangement that will assure the inability of more than 1 person to use the device at the same time. (d) Aisle widths. The aisles of any room in which a peep show device is located must be at least 36 inches wide. (e) Ingress and egress. For each room in which a peep show device is located, ingress and egress must be provided by: (1) at least 2 doorways that are each at least 36 inches wide; or (2) 1 doorway that meets all of the requirements of the Baltimore City Building Code and other ordinances and regulations of the City for 1 exit. (f) Doorways to be unlocked and signed. (1) Every doorway that provides ingress to a room in which a peep show device is located must remain unlocked during business hours. (2) Every doorway that provides egress from a room in which a peep show device is located must be provided with an internally illuminated exit sign. (g) Light levels. A light level sufficient to insure clear visibility and to permit patrons to read a newspaper must be maintained in every area of a peep show establishment to which the public is admitted. (Ord. 15-427; Ord. 13-093; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-14 Number of devices.

§ 13-14. Number of devices. (a) In general. The number of peep show devices may not exceed the maximum occupancy load permitted in the room or the partitioned part of a room in which the devices are located. (b) Posting. The maximum number of peep show devices permitted in any room must be conspicuously posted at the entrance to that room. (Ord. 02-475.)

Baltimore City Code, Article 13, § 13-15 {Reserved}

Baltimore City Code, Article 13, § 13-16 Enforcement.

§ 13-16. Enforcement. In addition to any other remedy provided in this subtitle or otherwise by law, this subtitle may be enforced by the Director of Consumer Protection and Business Licensing in the manner provided in Baltimore City Code Article 1, Subtitle 42. (Ord. 25-013 Section 1; Ord. 12-093; Ord. 02-475.)

Baltimore City Code, Article 13, § 13-17 Penalties.

§ 13-17. Penalties. (a) In general. Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation. (b) Each day a separate offense. Each day that a violation continues is a separate offense. (Ord. 02-475.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/13/III/13Fetched: 10/25/2026