Borough of Green Tree, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Green Tree 12-8-1997 by Ord. No. 1355 (Ch. 868 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Health clubs; massage establishments — See Ch. 192.
Zoning — See Ch. 420.

§ 265-1 Purpose and findings.

A. 
Purpose.
(1) 
Pursuant to the authority granted to home rule municipalities of the Commonwealth of Pennsylvania to prohibit nuisances; to promote the health, welfare, cleanliness, comfort and safety of their citizens; and to regulate the time of opening and closing and the conduct of places of public entertainment, amusement and recreation, the Borough of Green Tree enacts this chapter to minimize and control the adverse secondary effects of sexually oriented businesses and thereby protect the health, safety and welfare of its citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of blight.
(2) 
Council of the Borough of Green Tree has determined that licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
(3) 
Council of the Borough of Green Tree does not intend this chapter to suppress any speech activities protected by the First Amendment but to enact a content-neutral chapter which addresses the secondary effects of sexually oriented businesses.
B. 
Legislative findings. Council hereby finds that:
(1) 
Sexually oriented businesses have adverse secondary effects, which secondary effects should be regulated to protect the public health, safety and welfare. These secondary effects include, but are not limited to, the spread of communicable diseases, performance of sexual acts in public places, the presence of discarded sexually oriented materials on public and private property, sexual harassment, obscenity, prostitution and other illegal sexual activities, crime and neighborhood deterioration.
(2) 
A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees as well as the citizens of the Borough. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
(3) 
Removal of doors on viewing booths and requiring sufficient lighting on premises with viewing booths advance a substantial governmental interest in discouraging the illegal and unsanitary sexual activity occurring in adult theaters.
(4) 
Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
(5) 
The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of sexually oriented businesses will help limit and control the adverse secondary effects of such businesses.
(6) 
It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.
(7) 
The fact that an applicant for a sexually oriented business license has been convicted of a sexually related crime leads to the rational assumption that the applicant is likely to engage in that conduct in contravention of this chapter.
(8) 
The barring of such individuals from the management of sexually oriented businesses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.
(9) 
The general welfare, health and safety of the citizens of the Borough will be promoted by the enactment of this chapter.
(10) 
Limitation of operating hours of sexually oriented businesses to 11:00 a.m. to 11:00 p.m., prevailing time, Mondays through Saturdays, and closure of such businesses on Sundays and holidays reduces the adverse secondary effects of such businesses, including, particularly, but not limited to, late night noise levels, crime and sexually offensive materials and activities in public areas, and promotes the public health, safety and welfare.

§ 265-2 Definitions.

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
As defined in § 420-9(1).
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE
As defined in § 420-9.
ADULT BUSINESS
As defined in § 420-9.
ADULT CABARET
As defined in § 420-9.
ADULT MOTEL
As defined in § 420-9.
ADULT MOTION-PICTURE THEATER
As defined in § 420-9.
ADULT NOVELTY STORE
As defined in § 420-9.
ADULT THEATER/ADULT LIVE THEATER
As defined in § 420-9.
ADULT VIDEO STORE
As defined in § 420-9.
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 or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for the 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 person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
As defined in § 420-9.
ESTABLISHMENT
Includes 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 to any other existing sexually oriented business or to a non-sexually oriented business; or
D. 
The relocation of any sexually oriented business.
KNOWINGLY
For purposes of this chapter only, means having general knowledge of, or reason to know, or a belief in, or ground for belief in, which warrants further inspection or inquiry, or both:
A. 
The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or person; and
B. 
The age of the 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
As defined in § 420-9.
NUDITY or A STATE OF NUDITY
As defined in § 420-9.
PERSON
As defined in § 420-9.
SEMINUDE or IN A SEMINUDE CONDITION
As defined in § 420-9.
SEXUAL ENCOUNTER CENTER
As defined in § 420-9.
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 or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
As defined in § 420-9.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses: Prostitution or the promotion of prostitution; the dissemination of obscenity; sale, distribution or display of harmful material to a minor; a sexual performance by a child; the 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; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries,
A. 
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 the conviction, whichever is the later date, if the conviction is of a felony offense; or
(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 a combination of misdemeanor offenses occurring within any twenty-four-month period.
B. 
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
As defined in § 420-9.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
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; or
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 films, movies, videos or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical areas, or 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.

§ 265-3 License required; application.

A. 
It is unlawful:
(1) 
For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the Borough of Green Tree pursuant to this chapter;
(2) 
For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the Borough of Green Tree pursuant to this chapter;
(3) 
For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter;
(4) 
Beginning on the 16th day after the enactment of this chapter, for any person to continue to operate any sexually oriented business in operation at the time of enactment of this chapter without a valid sexually oriented business license pursuant to this chapter;
(5) 
Beginning on the 16th day after the enactment of this chapter, for any person who operates a sexually oriented business in operation at the time of the enactment of this chapter to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the Borough pursuant to this chapter; or
(6) 
Beginning on the 16th day after the enactment of this chapter, for any person to obtain employment with a sexually oriented business in operation at the time of the enactment of this chapter without having secured a sexually oriented business employee license pursuant to this chapter.
B. 
An application for a license must be made on a form provided by the Borough of Green Tree.
C. 
All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the Borough of Green Tree to determine whether or not the applicant meets the qualifications established in this chapter.
D. 
If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as the applicant. If the person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty-percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must be qualified under the following section, and each applicant shall be considered a licensee if a license is granted.
E. 
The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
(1) 
If the applicant is:
(a) 
An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is at least 18 years of age;
(b) 
A partnership, the partnership shall state its complete name, the names of all partners and whether the partnership is general or limited, and shall provide a copy of the partnership agreement, if any; and
(c) 
A corporation, the corporation shall state its complete name, the date of its incorporation, the names and capacities of all officers, directors and principal stockholders, the name of the registered corporate agent and the address of the registered office for service of process, and shall provide evidence that the corporation is in good standing under the laws of its state of incorporation and is qualified and authorized to conduct business in Pennsylvania.
(2) 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's fictitious name and submit the required registration documents.
(3) 
Whether the applicant or a person residing with the applicant has been convicted of a specified criminal activity, as defined in this chapter, and if so, the specified criminal activity involved and the date, place and jurisdiction of each.
(4) 
Whether the applicant or a person residing with the applicant has had a previous license under this chapter or another similar sexually oriented business ordinance from another municipality, state or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) 
Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another municipality, state or county and, if so, the names and locations of such other licensed businesses.
(6) 
The specific classification of sexually oriented use for which the applicant is filing, along with a detailed description of each and every activity encompassed by the proposed sexually oriented business, which description shall thoroughly demonstrate compliance and/or intended compliance with all of the provisions of this chapter.
(7) 
The location of the proposed sexually oriented business, including a legal description of the property, the street address and telephone number(s), if any.
(8) 
The applicant's mailing address and residential address.
(9) 
A recent photograph of the applicant.
(10) 
The applicant's driver's permit number, social security number and his or her state or federally issued tax identification number.
(11) 
A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(12) 
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor, depicting the property lines and the property to be certified.
(13) 
If an applicant wishes to operate a sexually oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in Subsection E(11) hereof and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(14) 
The application form shall inform the applicant that separate applications are required for any necessary zoning permits, subdivision and land development approvals or building and occupancy permits and that the applicant may apply for such permits and approvals by contacting the Borough Manager or the Code Enforcement Officer and that Department of Labor and Industry approval is required.
F. 
Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the Borough of Green Tree the following information:
(1) 
The applicant's name or any other names (including "stage" names) or aliases used by the individual;
(2) 
The applicant's age, date and place of birth;
(3) 
The applicant's height, weight, hair and eye color;
(4) 
The applicant's present residence address and telephone number;
(5) 
The applicant's present business address and telephone number;
(6) 
The date, issuing state and number of the applicant's driver's license or other identification card information;
(7) 
The applicant's social security number; and
(8) 
Proof that the individual is at least 18 years of age.
G. 
Attached to the application form for a sexually oriented business employee license as provided above shall be the following:
(1) 
A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by any police department. Any fees for the photographs and fingerprints shall be paid by the applicant.
(2) 
A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether or not such applicant previously operated or is seeking to operate, in this or any other county, municipality, state or country, any business, or has ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, the name of the business and the name of the issuing or denying jurisdiction shall be stated, and the reason for the denial, revocation or suspension shall be described in full. A copy of any order of denial, revocation or suspension shall be attached to the application.
(3) 
A statement as to whether or not the applicant has been convicted of a specified criminal activity, as defined in this chapter, and if so, the specified criminal activity involved and the date, place and jurisdiction of each.

§ 265-4 License issuance.

A. 
Upon the filing of any application in a fully completed form for a sexually oriented business license or for a sexually oriented business employee license, the application shall be referred to the Borough Manager for review and investigation. The Borough Manager shall utilize any available resources, through the Pennsylvania State Police, the Commonwealth of Pennsylvania and/or other law enforcement agencies, as may be necessary to complete the review and investigation required by this chapter. Within 30 days from the date the completed application is filed, the Borough Manager shall issue a license, unless it is determined by the Borough Manager that one or more of the following findings are true:
(1) 
The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(2) 
The applicant is under the age of 18 years.
(3) 
The applicant has been convicted of a specified criminal activity, as defined in this chapter.
(4) 
The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter.
(5) 
The applicant has had a sexually oriented business employee license revoked by the Borough within two years of the date of the current application. Denial, suspension or revocation of a license issued pursuant to this paragraph shall be subject to appeal as set forth in § 265-9.
(6) 
The required application, investigation and license fees have not been paid.
(7) 
An applicant's license to operate a sexually oriented business, issued by any jurisdiction, has been revoked within the preceding 12 months.
(8) 
The proposed sexually oriented business is in violation of or is not in compliance with any of the provisions of this chapter.
B. 
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Borough that the applicant has not been convicted of any specified criminal activity, as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 265-5.
C. 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the specific classification of sexually oriented use for which the license is issued. Licenses for sexually oriented businesses shall state that the sexually oriented business shall not commence until all necessary zoning, subdivision and land development and/or building code approvals and Department of Labor and Industry approvals are obtained. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
D. 
Applications for building and occupancy permits shall be processed and either denied or approved within 30 days of receipt of a complete application by the Borough.
E. 
A sexually oriented business license shall be issued for the specific classification of the sexually oriented use which is permitted by ordinance and applied for.
F. 
A license denial shall conform to the provisions of § 265-9D.
G. 
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to Council of the Borough of Green Tree. Council shall then hold a local agency law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of Council of the Borough of Green Tree may be taken to court subject to § 265-9E.

§ 265-5 Application, investigation and license fees.

A. 
Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a nonrefundable application and investigation fee in an amount of $700 or such other amount as may be set by resolution of the Council of the Borough of Green Tree.
B. 
In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the Borough an annual nonrefundable license fee within 30 days of license issuance or renewal in the amount of $300 or such other amount as may be set by resolution of Council of the Borough of Green Tree.
C. 
Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by a nonrefundable application and investigation fee in an amount of $700 or such other amount as may be set by resolution of the Council of the Borough of Green Tree.
D. 
In addition to the application and investigation fee required above, every sexually oriented business employee who is granted a license (new or renewal) shall pay to the Borough an annual nonrefundable license fee within 30 days of license issuance or renewal in the amount of $300 or such other amount as may be set by resolution of Council of the Borough of Green Tree.
E. 
All license applications and fees shall be submitted to the office of the Borough Manager and thereafter reviewed, investigated and approved or denied as set forth herein.

§ 265-6 Inspection of premises.

A. 
An applicant or licensee shall permit authorized Borough officials and their agents or consultants to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time such premises are occupied or open for business.
B. 
A person who operates a sexually oriented business, or his or her agent or employee, commits a violation of this chapter if he or she refuses to permit such lawful inspection of the premises at any time they are occupied or open for business.

§ 265-7 License expiration.

A. 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 265-3. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
B. 
When the Borough denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Borough finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the denial became final.

§ 265-8 License suspension.

The Borough Manager shall suspend a license for a period not to exceed 30 days if it is determined that a licensee or an employee of a licensee has:
A. 
Violated or is not in compliance with any provision of this chapter;
B. 
Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; or
C. 
Knowingly permitted gambling by any person on the sexually oriented business premises.

§ 265-9 Revocation; appeals of license denial, suspension or revocation.

A. 
The Borough shall revoke a license if a cause of suspension, as set forth in § 265-8, occurs and the license has been suspended within the preceding 12 months.
B. 
The Borough shall revoke a license if the Borough Manager determines that:
(1) 
A licensee gave false or misleading information in the material submitted during the application process;
(2) 
A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) 
A licensee has knowingly allowed prostitution on the premises;
(4) 
A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(5) 
A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises; or
(6) 
A licensee is delinquent in payment to the Borough for any licensing fees past due.
C. 
When the Borough revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to the revocation, the Borough finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
D. 
All license application, renewal, suspension or revocation decisions shall be sent in writing to the applicant or licensee at the address set forth in the license. All such decisions which deny, suspend or revoke a permit shall state specifically the requirement of this chapter that is not met and any other basis for the decision. After denial of an application, or denial of a renewal of an application, or after suspension or revocation of any license, the applicant or licensee may appeal pursuant to Local Agency Law to the Council of the Borough of Green Tree. Council will then hold a Local Agency Law hearing within 20 days from the date the appeal is filed and will render a written decision within 10 days from the date such hearing concludes. Any such appeal must be filed, in writing, with the Borough Manager within 10 days from the date of mailing of the decision appealed from. Failure to file said appeal with the Borough Manager within 10 days from the date of the mailing of the decision appealed from shall be deemed a conclusive determination as to the issues or matters addressed by the written decision. In the case of a denial of a license renewal, or in the case of a license suspension or revocation, the licensee may continue to operate to the same extent as immediately prior to the suspension or revocation until the earlier of:
(1) 
The expiration of the ten-day appeal period without filing of an appeal; or
(2) 
The date of a decision dismissing any appeal.
E. 
Any person aggrieved by a decision of Council of the Borough of Green Tree may appeal to a court of competent jurisdiction. The Borough shall, upon filing of such appeal, consent to any reasonable request for an expedited hearing presented by the license applicant or licensee to the court. The Borough shall certify any record to the court within 20 days of any request by the court to do so.

§ 265-10 Transfer of license prohibited.

A licensee shall not transfer his or 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.

§ 265-11 Exhibition of sexually explicit films, videos or live entertainment in viewing rooms.

A. 
A person who operates viewing booths or causes them to be operated shall comply with the following requirements:
(1) 
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof, specifying the location of one or more managers' stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required. However, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Borough may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
The application shall be sworn to be true and correct by the applicant.
(3) 
It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(4) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms may not contain video reproduction equipment. If the premises have two or more managers' stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the managers' stations. The view required in this subsection must be by direct line of sight from the manager's station. In addition, all viewing booths shall have at least one side fully open so that all of the area inside the booth is open to the view of persons in the public area of the establishment.
(5) 
It shall be the duty of the licensee to ensure that the view area specified in Subsection A(4) hereof remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated in the application filed pursuant to Subsection A(1) hereof as an area in which patrons will not be permitted.
(6) 
No viewing room may be occupied by more than one person at any time.
(7) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, at an illumination of not less than five footcandles as measured at the floor level.
(8) 
It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(9) 
No licensee shall allow openings of any kind to exist between viewing rooms or booths.
(10) 
No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(11) 
The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
(12) 
The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13) 
The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
B. 
A person having a duty under Subsection A hereof commits a violation of this chapter if he or she knowingly fails to fulfill that duty.

§ 265-12 Escort agencies.

A. 
An escort agency shall not employ any person under the age of 18 years.
B. 
A person commits a violation of this chapter if a person under the age of 18 acts as an escort or a person over the age of 18 agrees to act as an escort for any person under the age of 18 years.

§ 265-13 Nude model studios.

A. 
A nude model studio shall not employ any person under the age of 18 years.
B. 
A person under the age of 18 years commits a violation of this chapter if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a rest room not open to public view or not visible to any other person.
C. 
A person commits a violation of this chapter if the person appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
D. 
A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

§ 265-14 Public nudity.

A. 
Public place defined.
(1) 
It shall be a violation of this chapter for a person to knowingly and intentionally, in a public place:
(a) 
Engage in sexual intercourse or to engage in deviate sexual intercourse as defined by the Pennsylvania Crimes Code;
(b) 
Appear in a state of nudity; or
(c) 
Fondle the genitals of himself, herself or another person.
(2) 
For purposes of this chapter, "public place" includes all outdoor areas owned by or open to the general public and all buildings and enclosed places owned by or open to the general public, including, but not limited to, places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members and party rooms or halls restricted to adults or to patrons invited to attend, whether or not an admission charge is levied. This section shall not apply to the exercise of free speech or free expression in the form of artistic and theatrical performances. It is the intention of the Borough of Green Tree that this section be construed, enforced and interpreted in such a manner as will cause the least possible infringement on the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights.
B. 
It shall be a violation of this chapter for a person to knowingly or intentionally, in a sexually oriented business, appear in a seminude condition, unless the person is an employee who, while seminude, shall be at least 10 feet from any patron or customer and on a stage at least two feet above the floor.
C. 
It shall be a violation of this chapter for an employee, while seminude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee while said employee is seminude in a sexually oriented business.

§ 265-15 Presence of minors.

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.

§ 265-16 Hours of operation.

No sexually oriented business shall be open for business before 11:00 a.m., Monday through Saturday, or after 11:00 p.m., Monday through Saturday, prevailing time. Sexually oriented businesses shall be closed at all times on Sundays and legal holidays.

§ 265-17 Exemptions.

A. 
It is a defense to a prosecution under § 265-14 that a person appearing in a state of nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the Commonwealth of Pennsylvania or by a college, junior college or university supported entirely or partly by taxation;
(2) 
By 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; and
(3) 
In a structure:
(a) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude 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; and
(c) 
Where no more than one nude model is on the premises at any one time.

§ 265-18 Violations and penalties; equitable remedies.

A. 
Any person, firm or corporation who or which violates or permits the violation of any provision of this chapter, or the rules and regulations approved and adopted under authority of this chapter, shall pay a fine not exceeding $1,000 for each violation. Whenever such person shall have been officially notified by the Borough that he is committing a violation of this chapter or such rules and regulations, each day that he or she shall continue such violation after such notification shall constitute a separate violation punishable by a like fine. Any person who violates or permits the violation of this chapter shall pay, in addition to the fine set forth above, all court costs and reasonable attorney's fees incurred by the Borough in connection with any civil enforcement proceedings brought to enforce this chapter.
B. 
The Borough may commence civil enforcement proceedings to assess fines for violations of this chapter. In addition to such civil enforcement proceedings, the Borough may commence, at any time, appropriate actions in equity or otherwise to prevent, restrain, correct, enjoin or abate violations of this chapter.