[Ord. 2010-1, 2/22/2010]
1.
Purpose.
A.
Pursuant to the authority granted in the Code of Ordinances of the
Borough of Doylestown (hereinafter "Borough Code") to promote and
secure the health, cleanliness, comfort and safety of the citizens
of the Borough of Doylestown (hereinafter "Borough"), to regulate
and inspect the use and occupancy of public buildings, to regulate
places of public entertainment, amusement and recreation, and to prevent
and prohibit public nuisances due to adverse secondary effects, the
Borough enacts this Part 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' property
values and the character of surrounding neighborhoods; and deter the
spread of blight.
B.
The Borough of Doylestown Council (hereinafter "Council") has determined
that licensing is a legitimate and reasonable means of accountability
to insure that operators of sexually oriented businesses comply with
reasonable regulations and to insure that operators do not knowingly
allow their establishments to be used as places of illegal sexual
activity or solicitation.
C.
The Council does not intend this Part to suppress any speech activities
protected by the First Amendment, but to enact a content neutral ordinance
which addresses the secondary effects of sexually oriented businesses.
It is not the intent of the Council enacting this legislation to deny
any person rights of speech protected by the Constitution of the United
States or the Constitution of Pennsylvania, or both, nor is it the
intent of the Council to impose by this Part any additional limitations
or restrictions on the content of any communicative materials, including
sexually oriented films, videotapes, books and other materials. Further,
by enacting this legislation, the Council does not intend to deny
or restrict the rights of any adult to obtain or view, or both, any
sexually oriented materials or engage in any conduct protected by
the Constitution of the United States or the Constitution of Pennsylvania,
or both, nor does it intend to restrict or deny any constitutionally
protected rights that distributors or exhibitors of sexually oriented
material may have to sell, distribute, or exhibit these materials.
2.
Legislative findings. The Council finds:
A.
Law enforcement personnel have determined, and statistics and studies
performed in a substantial number of communities in this commonwealth,
and in the United States, indicate that sexually oriented businesses
have adverse secondary effects, including those specified and recognized
at 68 Pa. C.S.A. § 5501(a), 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, presence of
discarded sexually oriented materials on public and private property,
sexual harassment, obscenity, prostitution and other illegal sexual
activities, crime, decreased property values, and neighborhood deterioration.
B.
Based on evidence concerning the adverse secondary effects of adult
uses on the community presented in depositions and hearings conducted
by the United States District Court for the Middle District of Pennsylvania,
Case No. 3-99-1801 (Judge Munley), and the United States District
Court for the Western District of Pennsylvania, Case No. 98-1140 (Judge
Lancaster), and the United States District Court for the Western District
of Pennsylvania, Case No. 07-344 (Magistrate Judge Mitchell); and
in reports made available to the Borough and on findings incorporated
in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S.
41 (1986), Young v. American Mini Theatres, 426 U.S. 41 (1976), and
Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); and on studies
in other communities including, but not limited to, Phoenix, Arizona;
Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo,
Texas; Biloxi, Mississippi; Seattle, Washington; Oklahoma City, Oklahoma;
Cleveland, Ohio; and Beaumont, Texas; and also on findings from the
Report of the Attorney General's Working Group on the Regulation of
Sexually Oriented Businesses, (June 6, 1989, State of Minnesota),
the Borough finds:
(1)
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make the owners of these establishments responsible for the activities
that occur on their premises.
(2)
Certain employees of sexually oriented businesses defined in
the ordinance as adult theatres and cabarets engage in higher incidences
of certain types of illicit sexual behavior than other employees of
other establishments do.
(3)
Sexual acts occur at sexually oriented businesses, especially
those that provide private or semi-private booths or cubicles for
viewing films, videos, or live sex shows.
(4)
Offering and providing such a space encourages such activities,
which creates unhealthy conditions.
(5)
Persons frequent certain adult theatres, adult arcades, and
other sexually oriented businesses for the purpose of engaging in
sex within the premises of such sexually oriented businesses.
(6)
At least 50 communicable diseases may be spread by activities
occurring in sexually oriented businesses, including, but not limited
to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS),
genital herpes Hepatitis B, Non A, Non B amebiasis, salmonella infections,
and shigella infections.
(7)
The Surgeon General of the United States in his report of October
22, 1986, had advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected
mother to her newborn.
(8)
According to the best scientific evidence, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by
sexual acts.
(9)
Sanitary conditions in some sexually oriented businesses are
unhealthy, in part, because the activities conducted there are unhealthy,
and, in part, because of the unregulated nature of the activities
and the failure of the owners and the operators of the facilities
to self-regulate those activities and maintain those facilities.
(10)
Numerous studies and reports have determined that semen is found
in areas of sexually oriented businesses where persons view adult-oriented
films.
(11)
Numerous studies have indicated that sexually oriented businesses
have a substantial negative impact on property values and cause neighborhood
blight.
C.
Sexually oriented businesses have adverse secondary effects in the
nature of a public nuisance, which secondary effects should be regulated
to protect the public health, safety, and welfare.
D.
Sexually oriented businesses have operational characteristics that
should be reasonably regulated in order to protect those substantial
government concerns.
E.
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and operators
of the sexually oriented business. 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.
F.
Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters and bookstores.
G.
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.
H.
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
I.
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 that this Part is designed to prevent
or who are likely to be witnesses to such activity.
J.
The fact that an applicant for an adult or sexually oriented use
license has been convicted of a sexually related crime combined with
the fact that employees of adult establishments are statistically
more likely to engage in certain criminal activity than employees
of other types of businesses leads to the rational assumption that
the applicant is more likely to engage in that conduct in contravention
of this Part.
K.
The barring of such individuals from the management of sexually oriented
uses for a period of years serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases.
L.
The general welfare, health, and safety of the citizens of the Borough
will be promoted by the enactment of this Part.
M.
The limitation of operating hours of sexually oriented businesses
from 8:00 a.m. to 10:00 p.m., Monday through Saturday, and closure
of such businesses on Sundays and legal 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.
N.
The reasonable regulation and supervision of sexually oriented businesses
tends to discourage sexual acts and prostitution and thereby promote
the health, safety, and welfare of patrons, clients, and customers
of these businesses.
O.
The continued unregulated operation of such sexually oriented businesses
would be detrimental to the general health, safety, and welfare of
the citizens of Doylestown Borough.
[Ord. 2010-1, 2/22/2010]
As used in this Part, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning.
Any place where 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 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.
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:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides,
discs or other visual representation which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas; or
Instruments, devices, or paraphernalia, which are designed for
use in connection with specified sexual activities.
A nightclub, bar, restaurant or similar commercial establishment
that regularly features:
Persons who appear in a state of nudity or seminudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes or video reproductions,
slides, discs or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
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; or
A live performance, display, or dance of any type, which has
as a significant or substantial portion of the performance, any actual
or simulated performance of specified sexual activities or exhibition
in viewing of specified sexual anatomical areas or persons in a state
of nudity or seminudity; or
Films, motion pictures, video cassettes, slides, discs or other
photographic reproductions that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, discs or other photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
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 persons 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.
The Chief of Police of the Central Bucks Regional Police
Department.
[Added by Ord. 2014-3, 2/24/2014]
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.
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.
A person or business association who furnishes, offers to
furnish, or advertises to furnish "escorts" as one of its primary
business purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business or sexually oriented
use to any other existing sexually oriented business or sexually oriented
use; or
The relocation of any sexually oriented business.
Having a general knowledge of, or reason to know, or a belief
or ground for belief that warrants further inspection or inquiry of
both:
The character and content of any material or performance described
herein which is reasonably susceptible to examination by a licensee
or persons;
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.
New Year's Day (January 1), Independence Day (July 4th), Veterans
Day (November 11), Christmas Day (December 25). Should any of these
days fall on a Sunday, then the following Monday (i.e., the day after)
constitutes the "legal holiday" for purposes of this Part;
Martin Luther King's Birthday (third Monday in January), Presidents
Day (third Monday in February), Memorial Day (last Monday in May),
Labor Day (first Monday in September), Columbus Day (second Monday
in October), Thanksgiving Day (fourth Thursday in November); and
General Election Day (first Tuesday after first Monday in November).
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.
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, or a college, junior
college or university supported entirely or in part by public taxation;
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:
That no has sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing; and
Where in order to participate in a class, a student must enroll
at least three days in advance of the class; and
Where no more than one nude or seminude model is on the premises
at one time.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
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.
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 discernibly turgid state, even if completely covered.
Any of the following offenses:
Prostitution or promotion of prostitution; 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;
For which:
Fewer 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;
Fewer than five years has 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; or
Fewer 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 for two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within a twenty-four-month period.
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.
Any of the following:
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the date of licensing.
Includes any of the following:
The sale, lease or sublease of the business;
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;
Any change in the identity of the officers or directors of a
corporation operating an adult entertainment business.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures that 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.
[Ord. 2010-1, 2/22/2010]
1.
It is unlawful:
A.
For any person to establish and operate a sexually oriented business
after the effective date of this Part without a valid sexually oriented
business license issued by the Borough pursuant to this Part;
B.
For any person who establishes and operates a sexually oriented business
after the effective date of this Part 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 Part;
C.
For any person to obtain employment with a sexually oriented business
after the effective date of this Part without having secured a sexually
oriented business employee license pursuant to this Part;
D.
Beginning on the 180th day after enactment of this Part, for any
person to continue to operate a sexually oriented business already
in operation on the effective date of this Part without a valid sexually
oriented business license pursuant to this Part;
E.
Beginning on the 180th day after the effective date of this Part,
for any person operating a sexually oriented business in operation
at the time of the enactment of this Part 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 Part;
F.
Beginning on the 180th day after the effective date of this Part,
for any person working as an employee of a sexually oriented business
on the effective date of this Part to continue such employment without
having secured a sexually oriented business employee license pursuant
to this Part.
2.
Application for a business or employee license must be made on a
form provided by the Borough. For purposes of this Part, the person
responsible for conducting any investigation, receiving and processing
any application, and issuing or denying any license required under
this Part shall be the Chief of Police, who shall act on behalf of
the Borough for purposes of this Part.
[Amended by Ord. 2014-3, 2/24/2014]
3.
All applicants must be qualified according to the provisions of this
Part. The application may request and the applicant shall provide
such information as to enable the Borough to determine whether the
applicant meets the qualifications established in this Part.
4.
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 a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has 20%
or greater interest in the business must sign the application for
a license as applicant. Each applicant shall be considered a licensee
if a license is granted.
5.
The completed application for a sexually oriented business license
shall contain the following information and shall be accompanied by
the following documents:
A.
If the applicant is:
(1)
An individual, the individual shall state his/her legal name
and any aliases and submit proof that he/she is at least 18 years
of age.
(2)
A partnership, the partnership shall state its complete name,
and the names of all partners, whether the partnership is general
or limited, and a copy of the partnership agreement, if any.
(3)
A corporation, the corporation shall state its complete name,
the date of its incorporation, the type or classification of the corporation,
evidence that the corporation is in good standing under the laws of
its state of incorporation and qualified and authorized to conduct
business in Pennsylvania, the names and capacity of all officers,
directors and the name of the registered corporate agent and address
of the registered office for service of process.
C.
Whether the applicant or a person residing with the applicant has
been convicted of a specified criminal activity as defined in this
Part and, if so, the specified criminal activity involved, the date,
place and jurisdiction of each.
D.
Whether the applicant or a person residing with the applicant has
had a previous license under this Part, or other similar sexually
oriented business ordinance from another municipality, county or jurisdiction,
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 Part, or
other similar sexually oriented business ordinance from another municipality,
county or jurisdiction, 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 the denial, suspension or revocation.
E.
Whether the applicant or a person residing with the applicant holds
any other licenses under this Part or other similar sexually oriented
business ordinance from another municipality, county or jurisdiction
and if so, the names and locations of such other licensed businesses.
F.
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 use,
which description shall thoroughly demonstrate compliance and/or intended
compliance with all provisions of this Part.
G.
The location of the proposed sexually oriented business, including
a legal description of the property, street address, and telephone
number(s), if any.
H.
The applicant's mailing address and residential address.
I.
A recent photograph of the applicant(s).
J.
The applicant's driver's license number, Social Security number,
and/or his/her state or federally issued tax identification number.
K.
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.
L.
A security and surveillance plan detailing the staff responsible
for overseeing security and the intended response plan in the event
criminal activity is observed on the premises. The security and surveillance
plan shall also identify the location of video surveillance cameras
covering both the interior and exterior of the premises. No video
surveillance shall be permitted in dressing areas or restrooms.
M.
If an applicant wishes to operate a sexually oriented business, which
shall exhibit on the premises, in a viewing room or booth of less
than 150 square feet of floor space, films, video cassettes, discs,
other video reproductions, or live entertainment which depict specified
sexual activities or specified anatomical areas, then the applicant
shall also comply with the application requirements set forth in § 1112
of this Part.
N.
A statement of intended operating hours in compliance with § 1118
of this Part.
O.
An infections plan to protect employees and the public from bodily
fluids of infectious contamination. A copy of the plan shall be attached
to the application and shall be OSHA (Occupational Safety and Health
Act) compliant.
6.
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 the following information:
A.
The applicant's name or any other name (including stage names) or
aliases used by the individual;
B.
Age, date and place of birth;
C.
Height, weight, hair and eye color;
D.
Present residence address and telephone number;
E.
Present business address and telephone number;
F.
Date, issuing state and number of driver's license or other identification
card information;
G.
Social Security number; and
H.
Proof that the individual is at least 18 years of age.
7.
Attached to the application form for a sexually oriented business
employee license as provided above, shall be the following:
A.
At the time the application is filled, the Borough will take a color
photograph of the applicant clearly showing the applicant's face,
which photograph shall be used to complete the criminal background
check required by this Part.
B.
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 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, state the name
of the issuing or denying jurisdiction, and describe in full the reason
for the denial, revocation, or suspension, a copy of which shall be
attached to the application.
C.
A statement of whether the applicant has been convicted of a specified
criminal activity as defined in this Part and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each.
D.
A statement acknowledging that the employee has reviewed the infections
control plan adopted by the sexually oriented business.
8.
Any and all sexually oriented businesses in operation within the
Borough, as of the effective date of this Part, must apply for the
required licenses, and pay any applicable license fees under this
Part and furthermore must come into full compliance with this Part
within six months after the effective date of this Part.
9.
To the extent permitted by law, all applications for licenses required
by this Part and materials submitted therewith, shall be maintained
by the Borough in a confidential file that shall not be made available
to the public, except when required by law. Notwithstanding the foregoing,
all sexually oriented business licenses shall be available for public
inspection.
[Ord. 2010-1, 2/22/2010]
1.
Temporary License; Review of Application.
A.
Upon the filing of a fully completed application form for a sexually
oriented business license or employee license, the Borough shall issue
a temporary license to said applicant that shall entitle the applicant
to operate the sexually oriented business or work as an employee.
The application shall then be referred to the Chief of Police as the
licensing administrator for purposes of this Part for an investigation
to be made on such information as is contained on the application.
The processing and investigation of the application shall be completed
within 30 days of the date that the fully completed application is
filed with the Borough. Any incomplete application shall be returned
to the applicant and the thirty-day period for processing and investigation
shall not commence until a fully completed application has been filed.
After the processing and investigation, the Borough shall issue a
permanent license, unless it is determined by a preponderance of the
evidence that one or more of the following findings is true:
[Amended by Ord. 2014-3, 2/24/2014]
(1)
The applicant has falsely answered a question or request for
information on the application form;
(2)
The applicant is under the age or 18 years;
(3)
The applicant has been convicted of a specified criminal activity
as defined in this Part;
(4)
The license is to be used for operation of a business or employment
in a business prohibited by local or state, law, statute, rule or
regulation, or prohibited by a particular provision of this Part;
(5)
The applicant has had a sexually oriented business license or
sexually oriented business employee license revoked by the Borough
within one year of the date of the current application;
(6)
The required application, investigation and license fees have
not been paid;
(7)
An applicant's license to operated a sexually oriented business
issued by any jurisdiction has been revoked with in the preceding
12 months; or
(8)
The application demonstrates that the proposed sexually oriented
business is in violation of or is not in compliance with any of the
provisions of this Part.
B.
If the sexually oriented business license or sexually oriented business
employee license is denied, the temporary license previously issued
shall remain in effect during all appeals. Denial, nonrenewal, suspension,
or revocation of a license issued pursuant to this subsection shall
be subject to appeal as set forth in § 1109.
2.
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 a specified
criminal activity as defined in this Part 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 § 1105.
3.
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. All licenses
shall be posted in a conspicuous place at or near the entrance of
the sexually oriented business so that they may be easily read at
any time.
4.
Applications for licenses required by the Borough under this Part
shall be processed and either denied or approved within 30 days after
a complete application is filed with the Borough. A letter notifying
the applicant of such denial or approval shall be mailed to the applicant
within 30 days of the submittal of a complete application. If the
Borough fails to render a decision granting, denying or renewing a
license required by this Part within 30 days after a complete application
is filed with the Borough, the permanent license required by this
Part shall be deemed to have been approved. This deemed approval rule
shall apply to both applications for sexually oriented business licenses
and sexually oriented business employees' license.
5.
A sexually oriented business license shall be issued for the specific
classification of a sexually oriented use permitted by this Part and
applied for.
6.
Any person aggrieved by the denial, suspension, nonrenewal or revocation
of a license may appeal, in writing within 10 days from the date of
such denial, suspension, nonrenewal or revocation to Council in accordance
with the procedures set forth in § 1109.
[Ord. 2010-1, 2/22/2010]
1.
Every application for a new sexually oriented business license shall
be accompanied by a nonrefundable application and investigation fee
of $500.
2.
Every application for renewal of an existing sexually oriented business
license shall be accompanied by an annual nonrefundable renewal license
fee of $200 within 30 days of license renewal.
3.
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 an annual nonrefundable application, investigation,
and license fee of $50.
4.
All license applications and fees shall be submitted to the office
of Borough Secretary/Treasurer and, thereafter, the application shall
be forwarded to the Chief of Police designated as licensing administrator
for review, investigation and approval or denial.
[Amended by Ord. 2014-3, 2/24/2014]
5.
The schedule of fees set forth in this section may be amended by
Resolution of the Borough.
[Ord. 2010-1, 2/22/2010; as amended by Ord. 2014-3, 2/24/2014]
Subject to the consent of an applicant or licensee, the Chief
of Police may inspect the premises of sexually oriented businesses
for purposes of ensuring compliance with this Part, during any time
it is open for business. In the event that the Chief of Police has
probable cause to believe that a sexually oriented business is operation
in violation of this Part, he may inspect the premises of the sexually
oriented business for purpose of ensuring compliance with this Part
during any time it is open for business.
[Ord. 2010-1, 2/22/2010]
1.
Each license issued under this Part shall expire one year from the
date of issuance and may be renewed only by making application as
provided in § 1103. 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 the expiration of
the license will not be extended.
2.
When the Chief of Police 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 Chief of Police finds that the basis
for denial of the renewal license has been corrected and abated, the
applicant shall be granted a license if at least 90 days have elapsed
since the date denial became final.
[Amended by Ord. 2014-3, 2/24/2014]
[Ord. 2010-1, 2/22/2010; as amended by Ord. 2014-3, 2/24/2014]
1.
The Chief of Police shall suspend a license for a period not to exceed
30 days if he determines that a licensee or an employee of a licensee
has violated or is not in compliance with any provision of this Part.
2.
The Chief of Police shall revoke a license if a cause of suspension in § 1108, Subsection 1, occurs and the license has been suspended within the preceding 12 months.
3.
The Chief of Police shall revoke a license if he determines that:
A.
A licensee gave false or misleading information in the material submitted
during the application process;
B.
A licensee has knowingly allowed possession, use or sale of controlled
substances on the premises;
C.
A licensee has knowingly allowed prostitution on the premises;
D.
A licensee knowingly operated the sexually oriented business during
a period of time when the licensee's license was suspended;
E.
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;
F.
A licensee is delinquent in payment to the Borough, county, or state
of any taxes or fees past due; or
G.
A licensee has failed to develop and follow an infections control
plan to protect employees and the public.
4.
When the Chief of Police revokes the 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, however, subsequent to revocation the Chief
of Police finds that the basis for the revocation has been corrected
or abated, the applicant shall be granted a license if at least 90
days have elapsed since the date the revocation became effective.
[Ord. 2010-1, 2/22/2010]
1.
All license application denial, renewal, suspension, or revocation
decisions shall be sent in writing to the applicant or licensee. All
decisions that deny, refuse to renew, suspend or revoke a license
shall state specifically the ordinance requirement not met and any
other basis for the decision. After denial of an application or denial
of a renewal of an application, or after the suspension or revocation
of any license, the applicant or licensee may appeal pursuant to procedures
of the Local Agency Law (2 Pa.C.S.A. § 101 et seq.) to the
Borough Council, except as modified herein. Any such appeal must be
filed, in writing, with the Borough Secretary, within 10 days from
the date of the mailing of the decision appealed from and shall specify,
in detail, the basis for the appeal. Failure or refusal to file said
appeal or specify the basis of said appeal with the Borough Secretary
shall be deemed a conclusive determination as to the issue or matters
addressed by the written decision. If an appeal is timely filed, the
Borough Council will hold a Local Agency Law hearing pursuant to 2
Pa.C.S.A. § 10 et seq. 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. In the case of a denial of a
license or 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:
2.
Any person aggrieved by a decision of the Borough Council may appeal
to a court of competent jurisdiction pursuant to the Local Agency
Law (2 Pa C.S.A. § 101 et seq.) and 42 Pa.C.S.A. § 933(a)(2).
The Borough shall, upon the filing of such appeal, consent to any
request by a license applicant or licensee to the court to give expedited
review of such appeal. The Borough shall certify any record to the
court within 20 days after the appeal is filed. In the case of denial
of a license or 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:
[Ord. 2010-1, 2/22/2010]
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.
[Ord. 2010-1, 2/22/2010]
A person commits violation of this Part if that person causes
or permits the operation, establishment, or maintenance of more than
one sexually oriented business in the same building, 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.
[Ord. 2010-1, 2/22/2010]
1.
A person who operates or causes to be operated a sexually oriented
business, which exhibits on the premises in a viewing room of less
than 150 square feet of floor space, a film, video cassette, disc,
live entertainment, or other video reproduction which depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
A.
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 manager's stations and the
location of all overhead lighting fixtures and designation of 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 where 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 and to some designated
scale and with marked dimensions sufficient to show the various internal
dimension of all areas of the interior of the premises to the 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.
B.
The application shall be sworn to be true and correct by the applicant.
C.
No alteration in the configuration or location of a manager's station
may be made without the prior approval of the Borough.
D.
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.
E.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two or more manager's stations designated,
then the interior of the premises shall be configured in such a manner
that there is an unobstructed view of any area of the premises to
which any patron is permitted access for any purpose from at least
one of the manager's stations. The view required in this subsection
must be by direct line of sight from the manager's station.
F.
It shall be the duty of the licensee to ensure that the view area specified in Subsection 1E 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 as an area in which patrons will not be permitted in the application filed pursuant Subsection 1A of this section.
G.
No viewing room may be occupied by more than one person at any time.
H.
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 one-foot candle
as measured at the floor level.
I.
It shall be the duty of the licensee to ensure that the illumination
described above be maintained at all times that any patron is present
in the premises.
J.
No licensee shall allow any opening of any kind to exist between
viewing rooms or booths.
K.
No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
L.
The licensee shall, during each business day, regularly inspect the
walls between the viewing booths to determine if any openings or holes
exist.
M.
The licensee shall cause all floor coverings in all viewing booths
to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
N.
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.
O.
A licensee shall brief all employees as to the approved infections
control plan and OSHA regulations before and during employment at
intervals of six months or more frequently.
[Ord. 2010-1, 2/22/2010]
It shall be a violation of this Part 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
on a stage at least two feet from the floor.
[Ord. 2010-1, 2/22/2010]
[Ord. 2010-1, 2/22/2010]
1.
A nude model studio shall not employ any person under the age of
18 years.
2.
A person under the age of 18 years commits a violation of this Part
if the person appears seminude or in a state of nudity and/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 restroom not
open to public view or visible to any other person.
3.
A person commits a violation of this Part 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 that can be viewed
from the public right-of-way.
4.
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.
[Ord. 2010-1, 2/22/2010]
2.
For purpose of this Part, "public places" 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:
3.
It is the intention of the Borough that this section be construed,
enforced, and interpreted in such a manner as will cause the least
possible infringement of the constitutional rights of free speech,
free expression, due process, equal protection or fundamental rights.
[Ord. 2010-1, 2/22/2010]
A person commits a violation of this Part if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
[Ord. 2010-1, 2/22/2010]
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 on legal holidays as defined in this Part.
[Ord. 2010-1, 2/22/2010]
The Borough shall enforce any violation of this Part through
a civil enforcement proceeding before a District Justice. 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 Part shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Borough,
pay a judgment of not more than $500 for each violation, plus all
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. In any case where a penalty for a
violation of this Part has not been timely paid and the person upon
whom the penalty was imposed is found to have been liable therefor
in a civil proceeding, the violator shall be liable for the cost and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. A separate violation shall arise for each day or portion
thereof in which a violation is found to exist for each section of
the Part that is found to have been violated. Additionally the Borough
shall be exempt from the payment of costs in any civil case brought
to enforce an ordinance in accordance with this section. Further,
the Borough may enforce any violation of this Part through an equity
action brought in the Court of Common Pleas of the county where the
Borough is situated.
[Ord. 2010-1, 2/22/2010]
The provisions of this Part are severable and if any section,
subsection, clause, sentence or part thereof shall be held or declared
illegal, invalid and unconstitutional by any court of competent jurisdiction,
the decision shall not affect or impair any of the remaining sections,
subsections, clauses, sentences or parts thereof, of this Part. It
is hereby declared to be the intent of the Council that this Part
would have been adopted if such illegal, invalid, or unconstitutional
section, subsection, clause, sentence, or part thereof had not been
included herein.
[Ord. 2010-1, 2/22/2010]
All ordinances or parts of ordinances inconsistent with the
terms of this Part are hereby repealed to the extent of such inconsistency,
nothing herein shall be interpreted, however, to affect a repeal to
any provision of the Doylestown Borough Zoning Ordinance as supplemented
from time to time.
[Ord. 2010-1, 2/22/2010]
This Part shall be effective five days after enactment.
