As used in this chapter, the following words and phrases shall
have the meanings indicated, unless the context clearly indicates
a different meaning:
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.
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.
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 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.
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.
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.
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.
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
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.