§ 5-2-9. Declaration of nuisance; remedy.

(a)

Any commercial establishment which at any time limits its customers or patrons to persons eighteen (18) years of age or older may be declared a public nuisance and may be abated and enjoined from further operation upon the adoption by the Board of Supervisors of a resolution declaring and finding the existence of the following conditions:

(1)

That activity on the premises prohibited by Fairfax County Code Section through Section 5-2-6 or 5-3-2 or Virginia Code Sections 18.2-374 through 379, 382, 387, and 391, has resulted in two (2) convictions of persons engaging in such activity; or

(2)

That there have been two (2) separate declarations, pursuant to Virginia Code Sections 18.2-384 and 385 of the obscenity of items located on the premises, provided, however, that the convictions or declarations under Subsections (1) and (2) have resulted from activity or from seizures occurring on two (2) separate days within a consecutive period of twelve (12) months.

(b)

From and after service on the commercial establishment by posting a copy of the resolution as described in Section (d) hereof, all monies paid as admission price to such establishment and all monies received for any tangible items sold on the premises shall be deemed personal property used in conducting and maintaining a declared public nuisance.

(c)

Upon receiving notice through service of a copy of the resolution and order of summary abatement provided for in Section (c)(5) hereof, any and every person who shall own, lease, maintain, manage, conduct, or operate a commercial establishment which has been declared a public nuisance in accordance with the provisions of this Chapter, shall be a person who has knowledge of such nuisance for the purposes of this Chapter, and shall be, thereafter, responsible for its maintenance and shall be liable therefor.

(d)

Upon the specific finding of the conditions described in Subsections (1) and (2) of Section (a) hereof, the Board of Supervisors, in applying the provisions of this Chapter to such nuisance, may provide for the following by resolution:

(1)

Declare the fact that such nuisance exists.

(2)

Set forth the legal description and street address of the real property wherein the nuisance is being conducted.

(3)

Set forth the conditions, as required by Subsections (1) and (2) of Section (a) hereof, necessary to support a declaration that such nuisance exists.

(4)

Inform and give notice to persons named in Section (b) that the Board of Supervisors has determined that a public nuisance presently exists at such address, and that, under Section 5-2-5 hereof, they are deemed to have knowledge thereof and are responsible therefor.

(5)

Order all persons named in Section (b) hereof, to summarily abate such public nuisance immediately, by terminating any and all displays, exhibitions, sales, or offers for sale of sexually-explicit items or performances, whether live or recorded, visual, audible, or tangible, on the premises.

(6)

Order the County Attorney to seek the appropriate judicial remedy to terminate the declared public nuisance, including:

(A)

Declaratory judgment that a public nuisance exists;

(B)

An accounting of all monies paid as admission price and received for items sold or exhibited therein and a declaration that such monies are a public nuisance under this Chapter;

(C)

An order that monies enumerated in the Court-ordered accounting be forfeited and applied as costs of abatement by the County.

(D)

An injunction against the continuing operation of the declared public nuisance; and

(E)

Such other relief as the Court may deem proper.

(21-79-5.)

(21-79-5.)