State v. Baggett

GREENE, Judge.

The State appeals from the superior court’s order affirming the district court’s dismissal of criminal charges against Roy Ellis Baggett and Ed Penuel (collectively, Defendants).

*48Defendants own and operate Tobie’s Lounge, a topless bar located less than one mile outside the city limits of Jacksonville, North Carolina, in Onslow County. On 26 August 1997, Defendants were each charged with “knowingly and intentionally operating] an adult business known as Tobie’s Lounge within 1,000 feet of a building used as a residence” in violation of Onslow County Ordinance § 8-205. Defendants…