As used in this chapter, the following words
and phrases shall have the meanings indicated, unless the context
clearly indicates a different meaning:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated or for any form of consideration electronically,
electrically or mechanically controlled still or motion picture machines,
projectors, video or laser disc players or other image-producing devices
are maintained to show images to five or fewer persons per machine
at any one time and where the images so displayed are distinguishable
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment which, as one of its principal
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
A.
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, video cassettes or
video reproductions, slides or other visual representations which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
B.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity or seminudity.
B.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities.
C.
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
ADULT ENTERTAINMENT
A.
An exhibition of any adult-oriented motion pictures
which are distinguished and characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
B.
A live performance, display or dance of any
type, which has a significant or substantial portion of the performance,
any actual or simulated performance of specified sexual activities
or exhibition in viewing of specified anatomical areas or persons
in a state of nudity or seminudity.
C.
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, tavern, concert hall, banquet hall, party room,
conference center, restaurant, nightclub, club, bar, recreation center,
indoor amusement center, dance hall, auditorium or similar commercial
establishment which regularly features person who appear in a state
of nudity or seminudity or performances which are characterized by
the exposure of specified anatomical areas or specified sexual activities.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent, lessee, lessee of a dance floor or space or otherwise and whether
or not said person is paid a salary, wage or compensation by the operator
of said business. "Employee" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment
on the premises, or for the delivery of goods to the premises.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another, or who agrees or offers
to privately model lingerie or to privately perform a strip tease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escort as one of its primary business
purposes for a fee, tip or other consideration.
ESTABLISHMENT or ESTABLISH
Any of the following:
A.
The opening or commencement of any sexually
oriented business as a new business.
B.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business.
C.
The addition of any sexually oriented business
or sexually oriented use to any other existing sexually oriented business
or sexually oriented use.
D.
The relocation of any sexually oriented business.
KNOWINGLY
Having a general knowledge of, or reason to know, or a belief
or ground for belief that warrants further inspection or inquiry of
both:
A.
The character and content of any material or
performance described herein which is reasonably susceptible of examination
by a licensee or persons.
B.
The age of a minor; provided, however, that
an honest mistake shall constitute an excuse from liability hereunder
if the licensee or person made a reasonable bona fide attempt to ascertain
the true age of such minor.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license, and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears seminude, in a state
of nudity or who displays specified anatomical areas and is provided
to be observed, sketched, drawn, painted, sculptured, photographed
or similarly depicted by other persons who pay money or any form of
consideration. Nude model studios shall not include a proprietary
school licensed by the State of Pennsylvania, where a college, junior
college or university supported entirely or in part by public taxation,
a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation, or in a structure:
A.
That no sign visible from the exterior of the
structure and no other advertising that indicates a nude or seminude
person is available for viewing.
B.
Where, in order to participate in a class, a
student must enroll at least three days in advance of the class.
C.
Where no more than one seminude model is on
the premises at one time.
NUDITY or STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a full opaque
covering of any part of the nipple or the showing of the covered male
genitals in a discernible turgid state.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or
tumbling between persons of the opposite sex.
B.
Activities between male and female persons and/or
persons of the same sex when one or more of the persons is in a state
of nudity or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio, sexual encounter center or other
commercial establishment where adult entertainment is presented for
money or other forms of consideration.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola or human male
genitals in a discernible turgid state, even if completely covered.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
A.
Prostitution or promotion of prostitution, dissemination
of obscenity, sale, distribution or display of harmful material to
a minor, sexual performance by a child, possession or distribution
of child pornography, public lewdness, indecent exposure, indecency
with a child, engaging in organized criminal activity, sexual assault,
molestation of a child, gambling or distribution of a controlled substance
or any similar offenses to those described above under the criminal
or penal code of other states or countries.
B.
For which:
(1)
Less than two years have elapsed since the date
of conviction or the date of release from confinement imposed for
the conviction, whichever is the later date, if the conviction is
of a misdemeanor offense.
(2)
Less than five years have elapsed since the
date of conviction or the date of release from confinement for conviction,
whichever is the later date, if the conviction is of a felony offense.
(3)
Less than five years have elapsed since the
date of the last conviction or the date of release from confinement
for the last conviction, whichever is the later date, if the convictions
are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
C.
The fact that a conviction is being appealed
shall have no effect on the disqualification of the applicant or a
person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, masturbation or sodomy.
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsection
A or
B above.
D.
Human genitals in a state of sexual stimulation
or arousal.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business means the increase in floor
areas occupied by the business by more than 25%, as the floor areas
exist on the date of licensing.
TRANSFER OF OWNERSHIP OR CONTROL
Of an adult entertainment business means and includes any
of the following:
A.
The sale, lease or sublease of the business.
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means.
C.
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
VIEWING BOOTHS
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing:
A.
Films, movies, videos or visual reproductions
of any kind depicting or describing specified sexual activities or
specified anatomical areas.
B.
Persons who appear in a state of nudity or seminudity
or who offer performances or presentations characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Subject to the consent of an applicant or licensee,
the Township Code Enforcement Officer and/or his assistance may inspect
the premises of sexually oriented businesses for purposes of ensuring
compliance with this chapter, during any time it is open for business.
In the event that the Township Code Enforcement Officer and/or his
assistant has probable cause to believe that a sexually oriented business
is operating in violation of this chapter, he and/or his assistant
may inspect the premises of the sexually oriented business for purposes
of ensuring compliance with this chapter during any time it is open
for business. In addition to the foregoing, each applicant of a licensed
sexually oriented business shall file with the Township on January
1, May 1, October 1 of each year a notarized certification, on a form
provided by the Township, that the business and all of its employees
are operating in compliance with this chapter.
A licensee shall not transfer his/her license
to another, nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
A person commits a violation of this chapter
if that person causes or permits the operation, establishment or maintenance
of more than one sexually oriented business in the same buildings,
structure, or portion thereof, or causes a substantial enlargement
of any sexually oriented business in any building, structure, or portion
thereof, containing another sexually oriented business.
It shall be a violation of this chapter for
a person to knowingly or intentionally in a sexually oriented business
appear in a seminude or nude condition, unless the person is an employee,
who while nude or seminude, shall be at least two feet from any patron
or customer and on a stage at least two feet from the floor.
A person commits a violation of this chapter
if the person knowingly allows a person under the age of 18 years
on the premises of a sexually oriented business.
No sexually oriented business shall be open
for business before 8:00 a.m., Monday through Saturday or after 10:00
p.m., Monday through Saturday. A sexually oriented business shall
be closed at all times on Sundays and legal federal or state recognized
holidays.
The Township shall enforce any violation of
this chapter through a civil enforcement proceeding before a Magisterial
District Judge. The civil enforcement proceeding shall be initiated
by complaint or by such other means as may be provided by the Pennsylvania
Rules of Civil Procedure. Any person, partnership or corporation who
or which has violated any provision of this chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $500 for each violation,
plus all court costs and reasonable attorneys' fees incurred by the
Township in the enforcement proceedings. In any case where a penalty
for a violation of this chapter has not been timely paid and the person
upon whom the penalty was imposed is found to have been liable therefor
in civil proceedings, the violator shall be liable for the penalty
imposed, including additional daily penalties for continuing violations,
plus court costs and reasonable attorneys' fees incurred by the Township
in the enforcement proceedings. A separate violation shall arise for
each day or portion thereof in which a violation is found to exist
or for each section of this chapter which is found to have been violated.
Additionally, the Township shall be exempt from the payment of costs
in any civil case brought to enforce an ordinance in according with
this section. Further, the Township may enforce any violation of this
chapter through an equity action brought in the Court of Commons Pleas
of the County of Indiana.