[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.
[Ord. 1148, 10/12/1999, § 2]
1.Â
ADULT ARCADE
ADULT BOOK STORE
ADULT BUSINESS
ADULT BUSINESS OPERATOR
ADULT BUSINESS OWNER
ADULT CABARET
ADULT ENTERTAINMENT ENTERPRISE
ADULT ENTERTAINMENT ROOM
ADULT HOTEL/MOTEL
ADULT MODELING STUDIO
ADULT MOTION PICTURE THEATER
ADULT VISUAL MATERIALS OR VIDEO STORE
APPLICANT
BAR
CODE ENFORCEMENT OFFICER
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
EMPLOYEE
ENTERTAINER
OPERATE AN ADULT BUSINESS
PERMITTEE
PERSON
REGULARLY FEATURES WITH RESPECT TO AN ADULT BUSINESS
SEMI-NUDE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
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.
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."
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.
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.
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.
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.
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.
Any business activity wherein:
(1)
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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.
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(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.
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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.
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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.
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.
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."
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.
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.
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.
Any commercial establishment licensed by the State Liquor
Control Board to serve any alcoholic beverages on the premises.
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.
The dominant or essential theme of the object described by
such phrase.
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.
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.
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.
The person to whom an adult business permit is issued.
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.
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.
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.
Any of the following:
(1)
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Less than completely and opaquely covered human genitals, pubic
region, buttocks and female breast below a point immediately above
the top of the areola.
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(2)
|
Human male genitals in a discernibly turgid state, even if completely
opaquely covered.
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(3)
|
Any device, costume or covering that simulates any of the body
part included in subparagraphs (1) or (2) above.
|
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.
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(2)
|
Sexual acts, actual or simulated, including sexual intercourse,
oral copulation or sodomy.
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(3)
|
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast.
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(4)
|
Masturbation, actual or simulated.
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(5)
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Excretory functions as part of or in connection with any of
the other activities described in subparagraphs (1) through (4) of
this paragraph.
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[Ord. 1148, 10/12/1999, § 3]
1.Â
This Part does not apply to any of the following activities:
A.Â
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.Â
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.
[Ord. 1148, 10/12/1999, § 4]
1.Â
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.Â
A permit shall be issued to any applicant who has complied with all
the following requirements:
A.Â
The applicant has paid the adult business application fee required
pursuant to paragraph .C below.
B.Â
The applicant has not made a material misstatement in the application
for a license.
C.Â
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.Â
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.
[Ord. 1148, 10/12/1999, § 5]
1.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Each application shall contain:
A.Â
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.Â
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.Â
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.Â
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.Â
Each application shall also contain the following information about
the applicant:
A.Â
Full name, including any aliases, current residential address, telephone
number, date of Birth, Social Security number and driver's license
number.
B.Â
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.Â
Written proof that the applicant is at least 18 years of age.
D.Â
Applicant's height, weight, color of eyes and hair.
E.Â
Business, occupation or employment history of the applicant for three
years immediately preceding the date of the application.
F.Â
Two recent passport-style color photographs.
9.Â
Such other information as may be deemed necessary by the director
of public safety to secure the foregoing information.
10.Â
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.Â
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.
[Ord. 1148, 10/12/1999, § 6]
1.Â
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.Â
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.Â
The Code Enforcement Officer shall write or stamp "granted" or "denied"
on the application and date and sign such notation.
B.Â
If the application is denied, the Code Enforcement Officer shall
provide a statement of the reasons for denial.
C.Â
If the application is granted, the Code Enforcement Officer shall
issue an adult business permit.
D.Â
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.Â
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.Â
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.Â
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.Â
Each application for renewal shall be acted on as provided herein
for action upon applications for permits.
[Ord. 1148, 10/12/1999, § 7]
1.Â
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.Â
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.Â
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.Â
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.Â
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)Â
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)Â
If the applicant is a partnership, any general or limited partner
or applicant.
(3)Â
Any person currently employed by or in the adult business establishment.
2.Â
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.
[Ord. 1148, 10/12/1999, § 8]
1.Â
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.Â
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.Â
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.
[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.
[Ord. 1148, 10/12/1999, § 10]
1.Â
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.Â
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.Â
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.Â
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)Â
Any act of unlawful sexual intercourse, sodomy, oral copulation
or masturbation.
(2)Â
The use of the establishment as a place where unlawful solicitation
of sexual intercourse, sodomy, oral copulation or masturbation openly
occur.
(3)Â
The occurrence of acts of lewdness, assignation or prostitution.
(4)Â
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)Â
Any act constituting a violation of provisions relating to obscene
matter or distribution of harmful matter to minors.
(6)Â
Any conduct constituting a criminal offense of which an essential
element consists of the use of force or violence.
(7)Â
Any act constituting a felony involving the sale, use, possession,
possession for sale of any controlled substance.
D.Â
Failure to abide by any disciplinary action previously imposed by
the appropriate Borough officer.
E.Â
Failure to comply with one or more of the facilities and operations requirements set forth in § 13-613.
F.Â
The existence of the condition of the premises as hazardous or unsafe
for human occupancy.
[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.
[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.
[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.
[Ord. 1148, 10/12/1999, § 14]
1.Â
All adult business establishments subject to the provisions of this
Part shall comply with the following facilities and operations requirements.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Visibility into booths, cubicles, rooms or stalls shall not be blocked
or obscured by doors, curtains, partitions, drapes or any other obstruction
whatsoever.
I.Â
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.Â
No viewing room may be occupied by more than one person at any one
time.
K.Â
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.Â
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.Â
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.Â
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.Â
The following additional requirements shall pertain to adult businesses
providing live entertainment depicting specified anatomical areas
or involving specified sexual activities:
(1)Â
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)Â
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)Â
The adult business shall provide an entrance/exit for entertainers
separate from the entrance/exit used by patrons.
(4)Â
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)Â
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)Â
Fixed rail(s) at least 30 inches in height shall be maintained
establishing the separations between entertainers and patrons required
by this subsection.
(7)Â
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.Â
Adult businesses shall employ security guards in order to maintain
public peace and safety, based upon the following standards:
(1)Â
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)Â
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)Â
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.Â
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.
[Ord. 1148, 10/12/1999, § 15]
1.Â
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.Â
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.Â
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.