Borough of Bristol, PA Part 6 ADULT BUSINESSES

§ 13-601 Purpose and Intent.

[Ord. 1148, 10/12/1999, § 1]

It is the purpose of this Part to address the negative impacts associated with adult or sexually oriented businesses, as identified in the legislative findings made in connection with the adoption of this Part to reduce or prevent neighborhood blight; to protect and preserve the quality of the Borough's neighborhoods and commercial districts; to protect the Borough's retail trade; to maintain property values; to protect and preserve the quality of Borough life; to reduce the incidence of unlawful activity, and to promote the health, safety, moral and general welfare of the citizens of the Borough. The provisions of this Part have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this Part to restrict or deny access by adults to adult oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this Part to condone or legitimize the distribution of obscene material.

§ 13-602 Definitions.

[Ord. 1148, 10/12/1999, § 2]

1. For the purpose of this Part, unless the context clearly require different meaning, the words, terms and phrases set forth shall have the meanings given them in this section.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or club-operated or electronically, electrically or mechanically controlled still or motion picture, or video machines, projectors, 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 distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

ADULT BOOK STORE

An establishment having as a substantial, significant or preponderant portion of its stock in matter which are distinguished or characterized by their emphasis on content depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein.

ADULT BUSINESS

Any adult or sexually oriented business, including any business establishment that regularly features live performances which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person, or specified sexual activities that involve the exposure of the genitals or buttocks of any person, or the breasts of any female person, or any business whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, may, pursuant to state law or other regulatory authority, be offered only to persons over the age of 18 years. Adult business may include an adult arcade, adult bookstore, adult cabaret, adult hotel/motel, adult motion picture theater, adult visual materials or video store, adult modeling studio or adult entertainment enterprise, as defined herein.

ADULT BUSINESS OPERATOR

A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct or activities occurring on the premises thereof.

ADULT BUSINESS OWNER

A person or persons who hold a financial or other business interest, in whole or in part, either singly or jointly, in an adult business. For purposes of this Part, indicia of ownership may be established by evidence including, but not limited to, business license information, fictitious business name registration, utility billing information or by other competent evidence. For purposes of this Part, the person whose name appears on the business license application as the business owner shall be deemed to be the adult business owner.

ADULT CABARET

A building or portion thereof or area regularly featuring the presentation or exhibition of live performers whose performances are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as hereinafter defined; or whose performances are rendered in a state of dress so as to expose the female breast below a point immediately above the top of the areola; male or female genitals; pubic areas; buttocks; or the female breast with only the nipple and areola covered, or any combination thereof, for observation by patrons or customers.

ADULT ENTERTAINMENT ENTERPRISE

Any business activity wherein:

		(1)	Is furnished for a fee or charge or other like consideration the opportunity to paint, feel, handle, touch, be in the presence of, be entertained by, be painted by, felt by or touched by, the unclothed body or the unclothed of the body of another person, or to observe, view or photograph such activity.
		(2)	A fee or charge or like consideration is paid or received for goods sold or services rendered by or in the presence of one or more persons with an unclothed body or an unclothed portion of the body.
	Adult entertainment enterprise shall include, but not be limited to, the following business activities and activities similar thereto adult or nude encounter studios, adult or nude dance studios, nude exhibitions, peep shows, wrestling centers, adult or nude art or photograph studios. "Unclothed portion of the body" shall mean state of dress so as to expose the female breast below a point immediately above the top of the areola, male or female genitals, pubic areas, buttocks or female breast with only the nipple and areola covered.

ADULT ENTERTAINMENT ROOM

Any room of an adult entertainment establishment which constitutes an adult cabaret, adult motion picture theater, adult entertainment enterprise, or adult theater or adult visual materials store pursuant to this section.

ADULT HOTEL/MOTEL

A hotel or motel or similar business establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a twenty-four-hour period.

ADULT MODELING STUDIO

A business which provides, for any form of compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studio does not include schools maintained pursuant to standards set by the State Board of Education. Modeling studio further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and which does not provide, permit or make available "specified sexual activities."

ADULT MOTION PICTURE THEATER

A building or portion thereof or area, open or enclosed, used for the presentation on more than a of the days in a calendar year during which motion picture films, video cassettes, cable television or any other such visual media are displayed or exhibited, of films, video cassettes, cable television or other visual media which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as hereinafter defined for observation by patrons or customers. Adult motion picture theater does not include any room or suite of rooms rented for human occupancy in a hotel or motel which is equipped or furnished with a video cassette playing machine or cable television, unless such hotel or motel is determined to be an "adult hotel/motel" as defined herein.

ADULT VISUAL MATERIALS OR VIDEO STORE

A building or portion thereof used by an establishment having not less than 30% of its actual display area devoted to; or stock in trade for sale or rental to the public or any segment thereof consist of books, magazines, other publications, films, video cassettes or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as hereinafter defined.

APPLICANT

A person who is required to file an application for permit under this Part, including an individual owner, managing partner, officer of a corporation or any other operator, manager, employee or agent of an adult business.

BAR

Any commercial establishment licensed by the State Liquor Control Board to serve any alcoholic beverages on the premises.

CODE ENFORCEMENT OFFICER

The person responsible for ordinance enforcement functions within the jurisdiction of the Borough, including, but not limited to, responsibility for administration and enforcement of the provisions of this Part.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON

The dominant or essential theme of the object described by such phrase.

EMPLOYEE

Every owner, partner, manager, supervisor, performer or other worker, whether paid or not, who renders services of any nature in the conduct of an adult business establishment. For purposes of this Part, it shall be a rebuttable presumption that every person who renders services of any nature in the conduct of an adult business is an employee of the adult business.

ENTERTAINER

Any person who is an employee or independent contractor of the adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

OPERATE AN ADULT BUSINESS

The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.

PERMITTEE

The person to whom an adult business permit is issued.

PERSON

Any individual, firm, association, partnership, coparty, corporation, limited liability corporation, joint stock company, joint venture or combination of the above in whatever form or character.

REGULARLY FEATURES WITH RESPECT TO AN ADULT BUSINESS

A regular, substantial course of conduct. The presentation, in or at any building or portion thereof, of live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activity on two or more occasions within a thirty-day period; three or more occasions within a sixty-day period; or four or more occasions within a one-hundred-eighty-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

SEMI-NUDE

A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices, such as by "G" strings, pasties, thongs, bikinis or other similar forms of garments or devices.

SPECIFIED ANATOMICAL AREAS

Any of the following:

	(1)	Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola.
	(2)	Human male genitals in a discernibly turgid state, even if completely opaquely covered.
	(3)	Any device, costume or covering that simulates any of the body part included in subparagraphs (1) or (2) above.

SPECIFIED SEXUAL ACTIVITIES

Any of the following whether performed directly or indirectly through clothing or other coverings:

	(1)	Human genitals in a state of sexual stimulation or arousal.
	(2)	Sexual acts, actual or simulated, including sexual intercourse, oral copulation or sodomy.
	(3)	Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
	(4)	Masturbation, actual or simulated.
	(5)	Excretory functions as part of or in connection with any of the other activities described in subparagraphs (1) through (4) of this paragraph.

2. The foregoing definitions are generic. The uses and businesses governed by Subsection 1 include any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses set forth in Subsection 1.

§ 13-603 Excluded Activities.

[Ord. 1148, 10/12/1999, § 3]

1. This Part does not apply to any of the following activities:

A. Any activity conducted or sponsored by a school district or other public agency; so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency.

B. Any activity conducted by a person pursuant to any license issued by the State of Pennsylvania or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession, in and to the extent that such activity is conducted within the course and scope of the exercise of the privileges authorized by such license, or the duties of such agency.

§ 13-604 Adult Business Permit Required.

[Ord. 1148, 10/12/1999, § 4]

1. It shall be unlawful for any person to engage in, conduct, or carry a permit to be engaged in, conducted or carried on, in or upon any premises within the Borough the operation of an adult business unless the person first obtains and continues to maintain in full force and effect a permit issued by the Code Enforcement Officer as required by this Part.

2. A permit shall be issued to any applicant who has complied with all the following requirements:

A. The applicant has paid the adult business application fee required pursuant to paragraph .C below.

B. The applicant has not made a material misstatement in the application for a license.

C. The establishment, including the building and lot or portion thereof where the establishment is or is proposed to be situated, and the physical facilities and maintenance related thereto, complies with all building, fire, electrical, plumbing, health, zoning requirements of this Code, all the requirements of this Part, and all state and federal requirements of a similar nature which are customarily enforced by the Borough, as determined pursuant to one or more inspections conducted by investigating officials of the Borough.

3. Each application for a permit shall be accompanied by a nonrefundable fee in an amount established by resolution of the Borough Council. The application fee shall be used to defray, in part, administrative costs incurred in the processing of the application, and is not made in lieu of any other fees or taxes required under this Code of Ordinances.

§ 13-605 Application for Adult Business Permit.

[Ord. 1148, 10/12/1999, § 5]

1. Any person who proposes to operate, maintain or conduct an adult business in the Borough shall first submit to the Code Enforcement Officer a complete application for an adult business permit on a form provided by the Borough containing the information set forth in this section, and payment of the required Borough nonrefundable application fee as established by resolution and amended by the Borough Council from time to time. An application which is not accompanied by the required application fee shall not be deemed a complete application.

2. If the applicant is an individual, the individual shall state his/her complete name, including any aliases, address and submit satisfactory written proof that he or she is at least 18 years of age.

3. If the applicant is a partnership, the partners shall state the partner's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

4. If the applicant is a corporation, the corporation shall provide its name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Pennsylvania, the names and capacity of all officers and directors, name of the registered corporate agent and the address of the registered office for service of process.

5. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.

6. If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

7. Each application shall contain:

A. A narrative description of the proposed adult business for which the permit is requested, which shall include hours of operation, number of employees and description of titles and/or positions.

B. A sketch or diagram showing the interior floor plan and configuration of the premises, depicting all interior rooms including restrooms, office space, storage areas and public areas, and dimensions. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

C. A site plan showing the lot or property on which the adult business will be located, the location of the building or portion thereof in which the adult business will be located, the number of available parking spaces, the location and type of available and proposed lighting, landscaping, trash enclosures and all means of ingress and egress to and from the property. The site plan need not be professionally prepared, but shall be drawn to scale with marked dimensions to an accuracy of plus or minus one foot.

D. The full name, address and telephone number of the property owner and/or property management company if different from the applicant, a copy of the lease agreement in effect at the time of the application, and a copy of any other agreements, easements, conditions, covenants, restrictions or other such documents that contain evidence affecting the use or operation of the lot, property premises or structures which will be subject to the permit for which the application has been submitted.

8. Each application shall also contain the following information about the applicant:

A. Full name, including any aliases, current residential address, telephone number, date of Birth, Social Security number and driver's license number.

B. The previous address of each applicant for a period of three years immediately prior to the date of application and the dates of residence on each.

C. Written proof that the applicant is at least 18 years of age.

D. Applicant's height, weight, color of eyes and hair.

E. Business, occupation or employment history of the applicant for three years immediately preceding the date of the application.

F. Two recent passport-style color photographs.

9. Such other information as may be deemed necessary by the director of public safety to secure the foregoing information.

10. An adult business establishment lawfully existing and operating on the effective date of this Part shall apply for a permit within 90 days therefrom and shall be allowed to continue operating during the pendency of the application, provided they are otherwise in compliance with applicable provisions of this Code of Ordinances.

11. Upon application of any adult business establishment not lawfully existing and operation on the effective date of this Part, a temporary permit not to exceed 30 days shall be issued immediately upon receipt of a completed application. This permit shall expire automatically at the end of the thirty-day period unless extended by the Code Enforcement Officer.

§ 13-606 Application Processing.

[Ord. 1148, 10/12/1999, § 6]

1. Upon receipt of a completed application and payment of the application and permit fees, the application shall be immediately stamped as received by the Code Enforcement Officer.

2. Within 30 days of receipt of the completed application, the Code Enforcement Officer or his designated official shall conduct and complete an investigation of the information contained in the application to determine whether the applicant shall be issued an adult business permit in accordance with the provisions of this Part and notify the applicant as follows:

A. The Code Enforcement Officer shall write or stamp "granted" or "denied" on the application and date and sign such notation.

B. If the application is denied, the Code Enforcement Officer shall provide a statement of the reasons for denial.

C. If the application is granted, the Code Enforcement Officer shall issue an adult business permit.

D. The application as granted or denied and the permit, if any, shall be sent by United States mail, first class postage prepaid, addressed to the applicant to the address stated in the application.

3. The Code Enforcement Officer shall grant the application and issue a business permit upon finding that the proposed business meets the locational and zoning requirements of the Borough and that the applicant has met all of the development and performance standards and requirements of this Part.

4. Upon notification that the permit has been granted by the Code Enforcement Officer, or if the directory fails to either grant or deny the application within 30 days of receipt of a completed application, the applicant may begin operating as an adult business pursuant to the terms and conditions of the permit. The permittee shall post the permit conspicuously in the premises of the adult business establishment.

5. Each adult business permit shall expire one year from the date of issuance, and may be renewed only by filing with the Code Enforcement Officer a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed.

6. Each application for renewal shall be acted on as provided herein for action upon applications for permits.

§ 13-607 Denial of Permit.

[Ord. 1148, 10/12/1999, § 7]

1. Within 30 days of receipt of a completed application, the Code Enforcement Officer shall deny an application for a permit if he or she makes any of the following findings:

A. The lot or property on which the adult business is or is proposed to be located does not comply with the locational or zoning requirements of the Bristol Borough Zoning Ordinance [Chapter 27].

B. The establishment, including the building or portion thereof where the adult business is or is proposed to be situated, and the physical facilities and maintenance related thereto, fails to comply with all applicable building, fire, electrical, plumbing, and health requirements of this Code, all applicable state and federal requirements of a similar nature which are customarily enforced by the Borough, and all applicable provisions of this Part.

C. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business permit.

D. The applicant, or any of the following persons, has had a license or permit issued pursuant to this Part revoked within one year of the date of the application:

(1) If the applicant is a corporation, any officer of director of the corporation or any stockholder holding more than 5% of the corporate stock of the applicant.

(2) If the applicant is a partnership, any general or limited partner or applicant.

(3) Any person currently employed by or in the adult business establishment.

2. Transmittal of Decision. The permit or decision to deny the application shall be given to the applicant in writing, setting forth specifically the ground or grounds upon which the decision is based, the pertinent Code section or sections, and a brief statement of the factual matters in support thereof. The decision shall be mailed, postage prepaid, addressed to the applicant at the last known address of the applicant or it may be personally delivered to the applicant.

§ 13-608 Appeal of Denial.

[Ord. 1148, 10/12/1999, § 8]

1. Appeal to Borough Council. Within 10 days from the deposit of the denial in the mail or from its receipt by applicant, the applicant may appeal in writing to the Borough Council, setting forth with particularity the ground or grounds for the appeal.

2. Hearing on Appeal. The Borough Council or a Committee of Council consisting of at least three members shall hear the appeal and shall set a time and place for a hearing on the appeal not less than 10 days nor more than 30 days from the date the appeal was received by the Borough.

3. Disposition of Appeal. After the hearing on the appeal, the Council committee may refer the matter back to the Code Enforcement Officer for a new investigation and decision, may affirm the denial of the application by the Code Enforcement officer, or may approve the application. The decision of the Council Committee shall be final. Notice of the Committee's decision shall be mailed to the applicant within 10 days of the hearing date.

§ 13-609 Reapplication After Denial.

[Ord. 1148, 10/12/1999, § 9]

An applicant whose application for a license has been denied may reapply for such license after a period of not less than one year has elapsed from the date of such denial was deposited in the mail or received by the applicant, whichever occurs first; provided, however, that an earlier reapplication may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exists.

§ 13-610 Grounds for Suspension or Revocation.

[Ord. 1148, 10/12/1999, § 10]

1. A permittee may be subject to suspension or revocation of a permit issued pursuant to this Part, or be subject to other appropriate disciplinary action, for any of the following grounds arising from the acts or omissions of the permittee, or employee, agent, partner, director, stockholder or manager of an adult business:

A. The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or reports required to be filed with the Borough.

B. The establishment, including the building and lot or portion thereof where the establishment is or is proposed to be situated, and the physical facilities and maintenance related thereto, fails to comply with all applicable building, fire, electrical, plumbing, health and zoning requirements of this Code, all applicable state and federal requirements of a similar nature which are customarily enforced by the Borough, and all provisions of this Part.

C. The permittee, employee, agent, partner, director, stockholder or manager of the adult business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business establishment:

(1) Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation.

(2) The use of the establishment as a place where unlawful solicitation of sexual intercourse, sodomy, oral copulation or masturbation openly occur.

(3) The occurrence of acts of lewdness, assignation or prostitution.

(4) Any act constituting a violation of 18 Pa.C.S.A., § 5903, relating to the distribution of obscene and other sexual materials and performances.

(5) Any act constituting a violation of provisions relating to obscene matter or distribution of harmful matter to minors.

(6) Any conduct constituting a criminal offense of which an essential element consists of the use of force or violence.

(7) Any act constituting a felony involving the sale, use, possession, possession for sale of any controlled substance.

D. Failure to abide by any disciplinary action previously imposed by the appropriate Borough officer.

E. Failure to comply with one or more of the facilities and operations requirements set forth in § 13-613.

F. The existence of the condition of the premises as hazardous or unsafe for human occupancy.

§ 13-611 Notice of Permit Violations.

[Ord. 1148, 10/12/1999, § 11]

Upon determining that grounds for permit suspension or revocation exist, the Code Enforcement Officer shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, and/or shall be delivered to the permittee personally, at least 10 days prior to the hearing date.

§ 13-612 No Refund of Fee.

[Ord. 1148, 10/12/1999, § 12]

No refund or rebate of a permit fee shall be allowed by reason of the fact the permit discontinues an activity for which a permit is required pursuant to this Part, or that the license is suspended or revoked.

§ 13-613 Return of Permit.

[Ord. 1148, 10/12/1999, § 13]

In the event that a permit is canceled, suspended, revoked or invalidated, the permit shall be forwarded to the director of public safety not later than the end of the 3rd business day after notification of such cancellation, suspension, revocation or invalidation.

§ 13-614 Facilities and Operation Requirements.

[Ord. 1148, 10/12/1999, § 14]

1. All adult business establishments subject to the provisions of this Part shall comply with the following facilities and operations requirements.

A. Each adult business establishment shall comply with all building, fire, electrical, plumbing, health and zoning requirements of this Code, all state and federal requirements of a similar nature which are customarily enforced by the Borough, and all provisions of this Part.

B. No adult business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

C. All off-street parking area and premise entries of the adult business should be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of lighting on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways servicing the sexually-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

D. The premises within which the adult business is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

E. With the exception of adult cabarets, each adult business subject to this Part shall close and remain closed from midnight to 9:00 a.m. the following day.

F. The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the director of public safety or designee. No person under the age of 18 years shall be permitted within the premises at any time.

G. All indoor areas of the adult business shall be physically arranged in such a manner that the entire interior portion of the booths, rooms, cubicles or stalls where adult entertainment is provided shall be clearly visible from the common areas of the premises, excluding restrooms. Restrooms may not contain video reproduction equipment.

H. Visibility into booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever.

I. No adult business shall contain partitions between subdivisions of a room or portions or parts of a building, structure or premises with an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partitions.

J. No viewing room may be occupied by more than one person at any one time.

K. Customers, patrons or visitors shall not be allowed to stand idly by or in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

L. The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the adult-oriented establishment.

M. All areas of the adult 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. It should be the duty of the operator and operator's agents to insure that the illumination required by this subsection is maintained at all times that a patron is present on the premises.

N. The adult business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to patrons or the general public.

O. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

(1) No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer.

(2) The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. No cameras or other surveillance devices shall be installed or maintained by the adult business owner or operator in the dressing room facilities for the purpose of broadcasting or projecting images for viewing by the patrons of the establishment or for broadcasting or projecting images over the internet.

(3) The adult business shall provide an entrance/exit for entertainers separate from the entrance/exit used by patrons.

(4) The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

(5) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult business.

(6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

(7) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

P. Adult businesses shall employ security guards in order to maintain public peace and safety, based upon the following standards:

(1) Adult businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

(2) Security guards for other adult businesses may be required if it is determined by the Code Enforcement Officer that their presence is necessary in order to prevent any of the conduct listed in § 13-610 from occurring on the premises.

(3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admitting person or sole occupant of the manager's station while acting as a security guard.

Q. The requirements of this section shall be deemed conditions of adult business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations.

§ 13-615 Inspection by Public Officials.

[Ord. 1148, 10/12/1999, § 15]

1. The applicant shall authorize and allow entry by public officials of the Borough into the premises wherein the applicant proposes to operate an adult business establishment for the purpose of conducting one or more inspections to determine whether the establishment complies with all applicable building, fire, electrical, plumbing, health and zoning requirements of this Code, all state and federal requirements of a similar nature which are customarily enforced by the Borough, and the provisions of this Part.

2. Any and all investigating officials of the Borough shall have the right to enter adult entertainment establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, plumbing, zoning or health regulations or provisions of this Part. A warrant shall be obtained whenever required by law.

3. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this Part if he or she refuses to permit a lawful inspection of the premises at any time it is occupied or open for business.

§ 13-616 Business Name.

[Ord. 1148, 10/12/1999, § 16]

It shall be unlawful to operate an adult business establishment under any name or conduct business under any designation not specified in the permit.

§ 13-617 Business Location Change.

[Ord. 1148, 10/12/1999, § 17]

Before changing the location of an adult business establishment, an application to the Code Enforcement Officer shall be made pursuant to § 13-605.

§ 13-618 Transfer of Interest.

[Ord. 1148, 10/12/1999, § 18]

No permit issued pursuant to the provisions of this Part shall be assigned or transferred in any manner, nor shall any person other than those mentioned in such permit engage in the enterprise for which the permit is issued. As used herein, "transfer" shall include, but not be limited to, any modification of a business entity operating an enterprise, or otherwise required to be disclosed pursuant to § 13-605, including transfer of more than 10% of the stock of any corporation.

§ 13-619 Display of Permits.

[Ord. 1148, 10/12/1999, § 19]

The owner or operator of an adult business establishment shall display the permit in an open and conspicuous place on the premises. Passport size photographs of the permit shall be affixed to the permit on display pursuant to this section.

§ 13-620 Application to Existing Establishments.

[Ord. 1148, 10/12/1999, § 20]

Each operator of an establishment subject to the provisions of this Part, and legally doing business on the effective date of this Part, shall apply for a permit not later than 90 days therefrom, and shall comply with all requirements which are prerequisites for issuance of a license before such license will issue.

§ 13-621 Regulations Nonexclusive.

[Ord. 1148, 10/12/1999, § 21]

The provisions of this Part regulating adult businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the Borough.

§ 13-622 Penalty.

[Ord. 1148, 10/12/1999, § 23; as amended by Ord. 1295, 9/9/2013]

Any operator or owner of an adult business who violates any of the provisions of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.