STANLY COUNTY NU Water Ain Lard. Saccess.  Stanly County Planning Board Special Called Meeting June 16, 2023. - Meeting Minutes  Call to Order Chair. Jayl Eckman called the meeting to order on June 16, 2023 at 1:00 p.m. in the County Stanly County Planning Board members attending: David Underwood, Jay Eckman, Joel Mauldin, TJ  Managers meeting room at 10001 N. First Street, Albemarle, North Carolina.  Smith & Michael Williams  Excused: Tim Fesperman & Kevin Brickman  Stanly County Planning Staff Attending: Bob Remsburg, Planning Director & Bailey Emrich, Planner 2  Chair Eckman asked for a motion to approve the proposed agenda.  Motion: David Underwood Second: TJ Smith Approved: 5-0 personal relationships. There were none  Chair Eckman asked ifthere were any conflicts ofi interests with the case tol bel heard due to financial or  Chair Eckman shared that the only item on the agenda is ZA 23-06, a request by County Staff for a Text Amendment to amend section 607.2 and 13.3 ofthe Stanly County Zoning Ordinance toi further define. Adult  Establishments and Adult Live Entertainment.  Chair Eckman asked for: a motion to bring thei item off of the table.  Motion: Michael Williams Second: David Underwood Approved: 5-0  David Underwood "We don't have tol have ai motion to adopt before we discuss?"  Mr. Remsburg "The order we havei in here is typical and youl have already had aj presentation from the county staffs so you don'treally need that. Idon't think we have any updates to itl because thel language is remaining  the same.  TJ Smith "I will go ahead and make the motion that we approve it."  Motion: TJ Smith made the motion that this board recommend approval of the proposed text amendment regarding section 607.2 and 13.3 of the Stanly County Zoning Ordinance to further define Adult Establishments and Adult Livel Entertainment to clarify uses that are considered Adult  Entertainment."  1    Second: Michael Williams  Chair Eckman stated that the board could now have discussion. David Underwood "II know youl had an issue with it." Chair Eckman "I feel like itis opening a can of worms."  David Underwood "Tell me why."  Chair Eckman "What Iv want tol know is prurient because it leaves open a lot of subjectivity. Who is going to regulate that? So when) Ib bring up cover bands that dress like KISS, do they have to get a special permit or are they in violation? Do the Uwharrie Players have to get a permit ift they don't have enough men or women and have to get someone dressed upi in another way? What about the high school's] powder puff games? The boys dress up like cheerleaders, aret they goingt tol have to get special permits for that? There is too much gray area and the only thing Idon't! have aj problem with is thei massage therapy being pulled out, I think that should be David Underwood "But, the definition of that word is having special interest in sexual matters." Chair Eckman' "Someone brought itu up to me, what about ift the Uwharrie Players play Tootsie? Where someone was dressed up as a woman? Ora football player dressed up as cheerleaders? Who is the arbiter of whati is and what isi not? What someone finds offensive or what someone finds sexual in nature." David Underwood "So what would it take for you to be satisfied with thei issue?"  separate. Whoi is going tol be the arbiter of this?"  Chair Eckman "Idon't know how you define this and who is going tol be the arbiter. The whole powder puff thing someone says well they did not geta permit and thel boys are doing cheers and it was sexual in nature. Who decides ifit was or was not and who fines theme and tells them that they should have gotten aj permit"  David Underwood "You: are talking common sense versus pinpointed accuracy."  Chair Eckman "I had this conversation with someone this morning and they said that is the problem, no one TJ Smith "What ifit was written to say excluding x,y &z from it SO certain things were not included?" Michael Williams "But this is saying that the text amendment is for adult establishments so that tells me thati it Chair Eckman "Well we: aret talking about two different things. The. Adult] Establishment is different from the  has common sense anymore."  is for as specific location rather than aplay or something like that."  Adult Livel Entertainment."  Joel Mauldin "Well how hard isi it to geta permit on this? What does itt take?"  2    Chair Eckman "You have to go get a Special Use Permit from the Board of Adjustment so you got toa  meeting and you have toj pay the fees." Joel Mauldin "Soi iti is on aj per case basis."  Michael Williams "What if wej put in here something along thel lines of adult entertainment: not ofas sexual  matter?"  David Underwood "Then it goes back to the problem ofiti is all a gray area."  Chair) Eckman "My whole point fort tabling this was ift the State is going to do something with this then let them define it but likel Ihavel heard its said, that definition will ultimately end up in court." TJ Smith' "II had noj problem with beefing it up but I am not against it being a permitted thing. Ifyou are saying that high school powder puff football games need to bej permitted just to make sure there is no gray area Joel Mauldin "Well something like what The Boardroom had 61 months ago with the drag show, should that be David Underwood "The city is having the samei issue we are but we cannot ban it. We can't say that they can't Chair Eckman "I tend to ber more libertarian in that ifs someone wants to do that with their business, everyone  then Ia am fine with that." ap permit case? It think so." have them."  ise either going to support them or it is going to kill their business." Joel Mauldin "Well, do we set an age precedence on it?"  Chair Eckman "Well) Ic don't disagree that ifiti is an adult type show yous should notl bel bringing grade school  children in."  Joel Mauldin "So 18 and older because we all know where thisi is going."  TJ Smith "Do you have a copy ofv what we saw? What is on there now and what is to be added?" Mr. Remsburg "Pleasel keep ini mind that Adult Establishments can only bei in certain districts and must be a thousand feet from any religious institution, school, residential zoning, park & playgrounds or other places where minors regularly congregate. Ita also has tol be ai thousand feet from any other adult establishment. That is already in the ordinance. The goal herei is to address male and female impersonations that appeal to aj prurient interest. It think. Jay is right that iti is difficult to enforce and figure out who iti is. Who enforces that ? There are some jurisdictions that put that as al business license type situation. North Carolina does not like business licensing but] Ih have seen that done andi it is enforced by administration sO iti is not part of the zoning ordinance. The Sheriff's Department would probably be al better place to do this enforcement as opposed to our  department doingi it. We are complaint driven also."  3    TJ Smith "Can we not write itt to exclude those things though. Iti is like the ordinance for golf carts. They are called slow moving vehicles and you can use gators or a sidel by side and those are the examples and you can feed off of that. Ifs someone has a question then they can got to someone and ask if that is something that they David Underwood "Thej problem with that isi ift they got a permit to ride their golf cart in Oakboro and the highway patrol arrested him on 24/27 driving it drunk and he says that he got aj permit from you but ist told he is noti in Oakboro. That's how things happen. We can exclude itl but Idon't know what that would bring later on  need aj permit for."  down the road."  TJ Smith "I personally am fine with how it sits."  David Underwood "Another thing that we1 need to remember is when we send this to the Commissioners then they will tweak it too." To me the worst thing to doi is nothing at all and we are going tol have to givet them TJ Smith "Could we do the vote and then recommend what Eckman is saying as far as prurient and say thisi is Bobl Remsburg' "Along those lines, probably the way to doi iti is to leave the language the same as we have it and add a definition based on the dictionary definition ofprurient. We could add something that says this does  something. They will read the minutes I am sure." what we are having aj problem with, where does it stop?"  noti include activities such as' .  99  Chair Eckman "Then you geti into drag queen story time for thel kids and that kind of thing."  David Underwood "Buti ifIy was al business establishment could Icome back and say "Youl have allowed this Bobl Remsburg Anybody can sue anybody so yes. Then it becomes case law and a decision is made. Att this TJ Smith "I say we vote and see where everyone stands because iti is going up there one way or another." Bobl Remsburg "T would say before you vote if you want to tweak any oft the language this would be the David Underwood "So could Is say ifI was doing aj powder puff football game that it is not considered sexual inr nature and I do not need a Special Use Permit? Ia am trying tol keep those people out of this." Mr. Remsburg "Staff would have to make that determination and enforcement would have to see ifwhat they are doing falls under prurient ini nature. We would make ai ruling and someone would have the right to appeal."  why won'ty you allow me?"  point as far as that bill goes, as far as Iknow iti is still just stuck. "  moment to doi ita and then you would vote on the amended language."  David Underwood "I say wei need to add the definition of prurient toi it." Mr. Remsburg read off the definition of prurient per Merriam Webster. Mr. Remsburg added the definition to the amended language.  4    TJ Smith "Att the end oft the day there are So1 many interest groups out there and that opens up more ofa political thing! buti it should be aj permitted thing where youl have to go and ask ifit is okay instead of doing it whenever and wherever. Thati is where Is stand and thati is not against anyone. To each his own." TJ Smith revised his motion to state that thel board recommend approval of the proposed text amendment regarding section 607.2 and 13.3 of the Stanly County Zoning Ordinance to further define Adult Establishment and Adult Live Entertainment to clarify uses that are considered Adult Entertainment and to also add Merriam Webster's definition of prurient.  Second by Michael Williams Approved:5-0  Chair Eckman stated the County Commissioners will likelyl hear the request following al legislative public  hearing at their meeting scheduled for Monday, July 10, 2023at6:00PM.  Chair Eckman entertained a motion to adjourn.  Motion: David Underwood Second: TJ Smith Approved: 5-0 Time adjourned: 1:35 PM  -  Eckman  Clerk, Bob Remsburg  5