Coweta County Commission passes new Ordinances

The Coweta County Commission passed two ordinances on January 26, 2009 that regulate adult, sexually-oriented products and businesses in the county.

The first is a new ordinance for sexually oriented businesses. This ordinance completely replaces the old one and, while similar, does have some specific differences.

The new sexually oriented businesses ordinance retains the threshold of 25% for a business to be considered an adult bookstore. However, it does not mention some of the items that were in the old ordinance because they are dealt with in the obscenity ordinance, and it more clearly defines the 25% rule. One of the goals of the ordinance is to “regulate. . . . sexually oriented business through a narrowly tailored ordinance designed to serve the substantial government interest in preventing the negative secondary effects of sexually oriented businesses.”

The ordinance does this by designating a business as an adult bookstore if it meets one of the following criteria:
- at least 25% of the displayed merchandise is characterized by the emphasis upon specified sexual activities or specified anatomical areas; or
- At least 25% of the wholesale value of the displayed merchandise consists of the above mentioned items; or
- At least 25% of the retail value of the displayed merchandise consists of the above mentioned items; or
- At least 25% of the establishments revenues derive from the sale or rental, for any form of consideration, of the foregoing items; or
- At least 25% of the floor space for the display, sale and rental of the above mentioned items; or
- The establishment maintains at least 500 sq. ft. of its floor space for the display, sale, and/or rental of the foregoing items; or
- The establishment regularly offers for sale or rent at least 2000 of the foregoing items; or
- The establishment regularly features the foregoing items and advertises itself as a business that caters to adult sexual interests; or
- The establishment maintains an adult arcade.

The ordinance also changed the locations that are lawful for a sexually oriented business. The new ordinance requires that any sexually oriented business must be at least 1,000 feet from the parcel of any other sexually oriented business or any establishment licensed to sell alcohol at the premises. The ordinance also requires that any sexually oriented business be at least 1,000 feet from any parcel occupied by a school, religious institution, public park, recreation facility, licensed day-care center, or property used or zoned for residential purposes.

The second is a new obscenity ordinance. This is the first such ordinance for Coweta County. The state of Georgia had a similar statute that was struck down in 2006 because of its prohibition on advertising. The Coweta County ordinance does not address advertising and would therefore fall under other court cases approving obscenity laws similar to obscenity ordinance adopted by Coweta County. Because the State of Georgia has not yet replaced the state obscenity statute, it was appropriate for the county to include this regulation in our update of regulations regarding sexually oriented businesses.

Contrary to some earlier reports, this ordinance does NOT ban condoms or lubricants. This ordinance makes it unlawful for anyone to commercially “distribute or possess with the intent to distribute . . . any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs." Unlike sex toys, condoms are primarily used for contraception and disease. They are not, and cannot under governing law, be subject to the obscenity ordinance.

The ordinance defines “material” to includes magazines, videos, DVDs, etc., but requires that the specific material in question cross the line from indecent to legally obscene. The Coweta ordinance uses a commonly accepted definition of obscenity that has been upheld by the United States Supreme Court.

Both of these ordinances are designed to balance the interests of protected speech with the recognized community interests in preventing commercial distribution of obscenity and in controlling the negative secondary effects of sexually oriented businesses. The obscenity ordinance essentially replaces a Georgia law that was in effect for thirty years, and the sexually oriented business ordinance reflects an update to a similar ordinance passed almost ten years ago. The ordinances are supported by a number of studies showing the detrimental effects of sexually oriented businesses. More complete information on the studies can be found on the Coweta County Website.
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