[Adopted 4-20-2000 by Ord. No. 222 (Ch.
6, Part 4, of the 1995 Code)]
Pursuant to the authority granted in the First
Class Township Code of the Commonwealth of Pennsylvania to prohibit
nuisances, to promote the health, cleanliness, comfort and safety
of the citizens of Lower Pottsgrove Township and the authority of
political subdivisions of the Commonwealth of Pennsylvania to enact
local ordinances to regulate, inter alia, the sale, distribution,
display and exhibition of and activities concerning obscene and other
sexual material as provided for in 18 Pa.C.S.A. § 5903(k)
and as upheld by the United States District Court for the Eastern
District of Pennsylvania, in Brown v. Pornography Commission of Lower
Southampton Township, 620 F. Supp. 1199 (1985), the Township of Lower
Pottsgrove enacted the following article.
Nothing in this article shall apply to any recognized
historical society or museum accorded charitable status by the federal
government, any county, city, borough, township or town library, any
public library, any library of any school, college or university or
any archive or library under the supervision and control of the commonwealth
or a political subdivision.
Any person who shall violate the provisions
of this article shall, upon summary conviction before any Magisterial
District Judge, pay a fine not to exceed $600 and costs of prosecution.
Upon judgment against any person by summary conviction or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the cost, the person who shall have violated this article may
be sentenced and committed to the county jail for a period not exceeding
30 days.
[Adopted 4-20-2000 by Ord. No. 223 (Ch.
13, Part 5, of the 1995 Code)]
The Township shall suspend a license for a period
not to exceed 30 days if it determines that a licensee or an employee
of a licensee has:
A. Violated or is not in compliance with any provision
of this article.
B. Refused to allow an inspection of the adult entertainment
business premises as authorized by this article.
C. Knowingly permitted gambling by any person on the
adult entertainment business premises.
A licensee shall not transfer his/her license
to another nor shall a licensee operate an adult entertainment 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 article
if the person knowingly allows a person under the age of 18 years
on the premises of an adult entertainment business.
No adult entertainment business may remain open
at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays
and Saturdays and 1:00 a.m. and 12:00 noon on Sundays.
Any person, firm or corporation violating any
provisions of this article or the rules and regulations approved and
hereinafter adopted shall, upon summary conviction before any Magisterial
District Judge, pay a fine not exceeding $600 and costs of prosecution
and, in default of payment of the fines and costs, the violator may
be sentenced to the county jail for a term of not more than 30 days.
Whenever such person shall have been officially notified by the Township
or by the service of a summons in a prosecution or in any other official
manner that he is committing a violation of this article or the rules
and regulations approved and hereinafter adopted, each day that he
shall continue such violation after such notification shall constitute
a separate offense punishable by a like fine or penalty. Such fines
or penalties shall be collected as like fines or penalties are now
by law collected.