Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 9-17-2002 by Ord. No. 2015-02. Amendments noted where applicable.]
GENERAL REFERENCES
Massage establishments — See Ch. 179.
Signs and advertising — See Ch. 242.
Zoning — See Ch. 295.

§ 240-1 Legislative intent.

A. 
It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety and general welfare of the citizens of the Township, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Township. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
B. 
Based on findings incorporated in the cases of Township of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (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; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma Township, 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 Board of Commissioners 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 may occur on their premises.
(2) 
Certain employees of sexually oriented businesses defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.
(3) 
Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows.
(4) 
Offering and providing such space encourages such activities, which creates unhealthy and unsanitary conditions.
(5) 
Some persons frequent adult theaters, 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) 
Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.
(8) 
Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in the Commonwealth of Pennsylvania.
(9) 
The number of cases of early (less than one year) syphilis in the United States reported annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of 1990.
(10) 
The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990.
(11) 
The Surgeon General of the United States in his report of October 22,1986, has 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.
(12) 
According to the best scientific and medical evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(13) 
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 in a healthy and clean manner.
(14) 
Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult oriented films.
(15) 
The findings noted in § 240-1B(1) through (14) raise substantial governmental concerns.
(16) 
Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(17) 
A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the Township. 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.
(18) 
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.
(19) 
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.
(20) 
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.
(21) 
It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to regulate, or who are likely to be witnesses to such activity.
(22) 
The fact that an applicant for an adult use license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.
(23) 
The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to, and prevents conduct which leads to, the transmission of sexually transmitted diseases.
(24) 
The general welfare, health and safety of the citizens of the Township will be promoted by this chapter.

§ 240-2 Word usage and definitions.

A. 
Word usage.
(1) 
Words used in the singular number include the plural, and words in the plural number include the singular.
(2) 
The present tense includes the future.
(3) 
The word "used" shall be deemed to include the words "arranged, designed or intended to be used."
B. 
Unless otherwise expressly stated, the following words shall, for the purposes of this chapter, have the meanings herein indicated:
ADULT ARCADE
Any place to which the public is permitted or invited, for any form of consideration, where electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, video or laser 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 distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
(1) 
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:
(a) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact discs, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(b) 
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
(2) 
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction, or description of, specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity or seminudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
Films, motion pictures, videocassettes, compact discs, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT EMPLOYEE
A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contractual basis, whether or not the person is designated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation and/or consideration by the operator of said business. "Adult 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.
ADULT ESTABLISHMENT
Includes any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business;
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) 
The additions of any sexually oriented business to any other existing sexually oriented business; or
(4) 
The relocation of any sexually oriented business.
ADULT LICENSEE
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license, and in the case of an adult employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, compact discs, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproduction;
(2) 
Offers a room with a bed for rent for a period of time that is less than 10 hours; or
(3) 
Allows a tenant or occupant of a room with a bed to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, compact discs, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment which 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.
CCS
Cheltenham Code section.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
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.
(1) 
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.
(2) 
Nude model studio shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(a) 
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or a seminude person is available for viewing; and
(b) 
Where in order to participate in a class a student must enroll at least one week in advance of the class.
NUDITY or a STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola, or the showing of the covered male genitals in a discernibly flaccid and/or turgid state.
PERSON
An individual, proprietorship, partnership, corporation, association, or other legal entity.
SEMINUDE or in a SEMINUDE CONDITION
The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(1) 
The human male genitals in a discernibly flaccid and/or turgid state, even if completely and opaquely covered; or
(2) 
Less than completely and opaquely covered human genitals, pubic region, anal cleft or a female breast below a point immediately above the top of the areola.
(1) 
Any of the following offenses: Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance involving a child; possession or distribution of child pornography; public lewdness; loitering; 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, for which:
(a) 
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a violation of this chapter;
(b) 
Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a violation of this chapter and is of a felony offense; or
(c) 
Less than five years have elapsed since the date of the last determination of liability for two or more violations of this chapter, or a combination of a violation of this chapter and one or more offenses occurring within any twenty-four-month period.
(2) 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) and (2) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
The increase in floor area occupied by the business by more than 25%, as the floor area exists on the date this chapter takes effect.
TOWNSHIP
The Township of Cheltenham, Montgomery County, Pennsylvania.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
(1) 
The sale, lease, or sublease of the business;
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) 
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.

§ 240-3 Classification.

Sexually oriented businesses are classified as follows:
A. 
Adult arcades;
B. 
Adult bookstores, adult novelty stores, or adult video stores;
C. 
Adult cabarets;
D. 
Adult motels;
E. 
Adult motion-picture theaters;
F. 
Adult theaters;
G. 
Escort agencies;
H. 
Nude model studios; and
I. 
Sexual encounter centers.

§ 240-4 License required.

A. 
It is unlawful:
(1) 
For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the Township pursuant to this chapter.
(2) 
For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as an adult employee by the Township pursuant to this chapter.
(3) 
For any person to obtain employment with a sexually oriented business without having secured an adult employee license pursuant to this chapter.
B. 
An application for a license must be made on a form provided by the Township.
C. 
All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the Township to determine whether the applicant meets the qualifications established in this chapter.
D. 
If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as an applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must be qualified under § 240-5, and each applicant shall be considered an adult licensee if a license is granted.
E. 
The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
(1) 
If the applicant is:
(a) 
An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is at least 18 years of age or older;
(b) 
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; or
(c) 
A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
(2) 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's fictitious name and submit the required registration documents.
(3) 
Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
(4) 
Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar sexually oriented business license from another governmental entity denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) 
Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually oriented business license from another governmental entity and, if so, the names and locations of such other licensed businesses.
(6) 
The single classification of license for which the applicant is filing.
(7) 
The location of the proposed sexually oriented business, including a legal description of the property, street address, Township block and unit numbers and telephone number(s).
(8) 
A diagram showing the configuration and footprint of the premises, including a statement of total floor space occupied by the business. The diagram shall be prepared and sealed by either a registered architect or a professional engineer.
(9) 
A current certificate and straight-line drawing prepared within 60 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified and the property lines of any established religious institution or place of worship, school, day care center or public park or recreation area within 1,000 feet of the property to be certified. For purposes of § 240-4, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(10) 
The applicant's mailing address and residential address.
(11) 
The applicant's driver's license number, social security number, and/or his/her state or federally issued tax identification number.
(12) 
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, compact discs, slides, 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 § 240-14.
(13) 
A signed statement by the applicant declaring that all data and documents submitted by the applicant to the Township in support of the application are true and correct.
F. 
Before any applicant may be issued an adult employee license, the applicant shall submit on a form to be provided by the Township the following information:
(1) 
The applicant's name or any other name (including stage names) or aliases used by the individual;
(2) 
Age, date, and place of birth;
(3) 
Height, weight, hair and eye color;
(4) 
Present residence address and telephone number;
(5) 
Present business address and telephone number;
(6) 
Date, issuing state and number of driver's permit or other identification card information;
(7) 
Social security number;
(8) 
Proof that the individual is at least 18 years of age; and
(9) 
A signed statement by the applicant declaring that all data and documents submitted by the applicant to the Township in support of the application are true and correct.
G. 
Attached to the application form for either a sexually oriented business license or an adult employee license as provided above, shall be the following:
(1) 
A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.
(2) 
A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other Township, county, state, or country, a sexually oriented business, and if said applicant 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, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
(3) 
A declaration stating whether the applicant has been convicted of any specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

§ 240-5 Issuance of license.

A. 
Within 60 days after receipt of a completed sexually oriented business application, the Township shall approve or deny the issuance of a license to an applicant. The Township shall approve the issuance of a license to an applicant unless it is determined by a preponderance of evidence that one or more of the following findings is true:
(1) 
An applicant is under 18 years of age.
(2) 
An applicant or a person with whom the applicant is residing is overdue in payment to the Township of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.
(3) 
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4) 
An applicant or a person with whom the applicant is residing has been denied a license by the Township to operate a sexually oriented business within the preceding 12 months or whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(5) 
An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity as defined in this chapter.
(6) 
The premises to be used for the sexually oriented business has not been approved by the Building and Zoning Department and the Fire Marshal as being in compliance with applicable laws and ordinances.
(7) 
The license fee required by this chapter has not been paid.
(8) 
An applicant of the proposed adult establishment is in violation of or is not in compliance with any of the provisions of this chapter.
B. 
Upon the filing of said application for an adult employee license, the Township shall issue a temporary license to said applicant. The application shall then be referred to the appropriate Township departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within 60 days from the date the completed application is filed. After the investigation, the Township shall issue a license, unless it is determined by a preponderance of evidence that one or more of the following findings is true:
(1) 
The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2) 
The applicant is under the age of 18 years;
(3) 
The applicant has been convicted of a specified criminal activity as defined in this chapter;
(4) 
The adult employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter; or
(5) 
The applicant has had an adult employee license revoked by the Township within two years of the date of the current application. If the sexually oriented business Adult Employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 240-10.
C. 
A license granted pursuant to this chapter shall be subject to annual renewal upon the written application of the applicant and a finding by the Township that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 240-6.
D. 
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 classification for which the license is issued pursuant to § 240-3. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
E. 
The Building and Zoning Department, Public Works Department and the Fire Marshal shall complete their certification that the premises is in compliance or not in compliance within 60 days of receipt of the application by the Township.
[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006 by Ord. No. 2109-06]
F. 
A sexually oriented business license shall be issued for only one classification as found in § 240-3.

§ 240-6 Fees.

A. 
Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a $1,000 nonrefundable application and investigation fee.
B. 
In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the Township an annual nonrefundable license fee of $500 within 60 days of license issuance or renewal.
C. 
Every application for an Adult Employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual $250 nonrefundable application, investigation, and license fee.
D. 
All license applications and fees shall be submitted to the Building and Zoning Department of the Township.

§ 240-7 Inspection.

A. 
An applicant or adult licensee shall permit representatives of the Building and Zoning Department, Fire Marshal, Police Department, or other Township departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time it is occupied or open for business.
B. 
A person who operates a sexually oriented business or the person's agent or adult employee commits a violation of this chapter if he refuses to permit such lawful inspection of the premises at any time it is open for business.

§ 240-8 Expiration of license.

A. 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 240-4. Application for renewal shall be made at least 60 days and not more than 90 days before the expiration date. If the application for renewal has not been received by the Township by the 59 day before the expiration date thereof, the license shall automatically expire at the one-year anniversary of the issuance of the license.
B. 
If the Township denies renewal of a license, an applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Township finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.

§ 240-9 Suspension.

The Township shall suspend a license for a period not to exceed 60 days if it determines that an adult licensee or an adult employee has:
A. 
Violated or is not in compliance with any section of this chapter; or
B. 
Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.

§ 240-10 Revocation.

A. 
The Township shall revoke a license if a cause for suspension per § 240-9 occurs and the license has been suspended within the preceding 12 months.
B. 
The Township shall revoke a license if it determines that:
(1) 
An adult licensee gave false or misleading information in the material submitted during the application process;
(2) 
An adult licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) 
An adult licensee has knowingly allowed prostitution on the premises;
(4) 
An adult licensee knowingly operates the sexually oriented business during a period of time when the adult licensee's license was suspended;
(5) 
Except in the case of an adult motel, an adult licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or
(6) 
An adult licensee is delinquent in payment to the Township, county, or commonwealth for any taxes, fees, fine or judgments past due.
C. 
If the Township revokes a license, the revocation shall continue for one year, and the adult licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the Township finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
D. 
After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or adult licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
E. 
The applicant shall reimburse the Township for all legal fees incurred by the Township in defending its actions.

§ 240-11 Transfer of license.

An adult licensee shall not transfer its license to another, nor shall an adult licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. In the case of multiple buildings on the premise, the sexually oriented business shall not take place in any other building than that designated on the application.

§ 240-12 Location of sexually oriented businesses.

A. 
No sexually oriented business shall be located within 1,000 feet of the following uses. A person commits a violation of this chapter if the person operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) 
A church, synagogue, mosque, temple or building which is used primarily for religious worship and/or related religious activities;
(2) 
A public or private educational facility including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities School includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) 
A public park or recreational area which has been designated for park or recreational activities including but not limited to passive or active park or parkland, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land; and
(4) 
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth.
B. 
No sexually oriented business shall be located within 250 feet of the following uses. A person commits a violation of this chapter if the person operates or causes to be operated a sexually oriented business within 250 feet of:
(1) 
The property line of a single-family residential lot; or
(2) 
The property line of a multifamily residential lot.
C. 
A sexually oriented business shall not be located, operated, established, substantially enlarged, nor shall the ownership or control of a sexually oriented business be transferred within 1,000 feet of another sexually oriented business. A person commits a violation of this chapter if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
D. 
A sexually oriented business shall not be operated, established, or maintained in the same building, structure, or portion thereof, or increase the floor area of any sexually oriented business in any building, structure, or portion thereof, containing another sexually oriented business. A person commits a violation of this chapter 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 the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
E. 
For the purpose of §§ 240-12A and 240-12B, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in §§ 240-12A and 240-12B. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements.
F. 
For purposes of § 240-12C, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
G. 
Any sexually oriented business lawfully operating as of the effective date of this chapter that is in violation of §§ 240-12A through 12F shall be deemed grandfathered as to the locational requirements of this chapter. Such grandfathered sexually oriented business shall not be increased, enlarged, extended, or altered. Any grandfathered sexually oriented business shall be required to apply for and receive any and all licenses set forth in this chapter.
H. 
A lawfully operating sexually oriented business does not come into violation of this chapter by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in §§ 240-12A and/or B within 1,000 feet or 250 feet, as applicable, of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

§ 240-13 Adult motels.

A. 
Evidence that a room with a bed in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.
B. 
A person commits a violation of this chapter if, as the person in control of a room with a bed in a hotel, motel, or similar commercial establishment that does not have a sexually oriented license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.
C. 
For purposes of §§ 240-13B, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

§ 240-14 Exhibition of sexually explicit films, videos, compact discs or live entertainment in viewing rooms.

A. 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, compact disc, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) 
Upon application for a sexually oriented license, the application shall be accompanied by a diagram, prepared and sealed by either a registered architect or a professional engineer, 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 designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. The diagram shall be to scale and show the floor layout with all dimensions, a north arrow and surrounding streets. The Township may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
No alteration in the configuration or location of a manager's station may be made without the prior written approval of the Township.
(3) 
It is the duty of the adult licensee of the premises to ensure that at least one licensed adult employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(4) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from 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 managers stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required by § 240-14A(4) must be by direct line of sight from the manager's station.
(5) 
It shall be the duty of the adult licensee to ensure that the view area specified in § 240-14A(4) remains unobstructed by any doors, false or tinted windows, mirrors, 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 to § 240-14A(1).
(6) 
No viewing room may be occupied by more than one patron at any time.
(7) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 5.0 foot-candles as measured at the floor level.
(8) 
It shall be the duty of the adult licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(9) 
No adult licensee shall allow openings of any kind to exist between viewing rooms or booths.
(10) 
No patron shall make or attempt to make an opening of any kind between viewing booths or rooms.
(11) 
The adult licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
(12) 
The adult licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13) 
The adult licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
B. 
A person having a duty under § 240-14A(1) through A(13), above, commits a violation of this chapter if he knowingly fails to fulfill that duty.

§ 240-15 Escort agencies.

A. 
An escort agency shall not employ, knowingly or unknowingly, any person under the age of 18 years.
B. 
A person commits an offense if the person, knowingly or unknowingly, acts as an escort or agrees to act as an escort for any person under the age of 18 years.

§ 240-16 Nude model studios.

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

§ 240-17 Public nudity.

A. 
It shall be a violation of this chapter for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or depicts specified sexual activities.
B. 
It shall be a violation of this chapter for a person who knowingly or intentionally in a sexually oriented business appears in a seminude condition unless the person is an Adult employee who, while seminude, shall be at least 10 feet from any patron or customer and on a stage at least two feet from the floor.
C. 
It shall be a violation of this chapter for an adult employee, while seminude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any adult employee, while said adult employee is seminude in a sexually oriented business.
D. 
It shall be a violation of this chapter for an adult employee, while seminude, to touch a customer or the clothing of a customer.

§ 240-18 Children prohibited in sexually oriented business.

A person commits a violation of this chapter if the person, knowingly or unknowingly, allows a person under the age of 18 years on the premises of a sexually oriented business.

§ 240-19 Outdoor trash containers.

All outdoor trash containers shall be kept locked or shall be kept in locked enclosures. This requirement shall apply to all sexually oriented businesses, and any failure to comply with the provisions of this section shall constitute a violation of this chapter.

§ 240-20 Hours of operation.

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 12:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and 12:00 a.m. and noon 12:00 p.m. on Sundays.

§ 240-21 Exemptions.

It is a defense to prosecution under § 240-17 that a person appearing in a state of nudity did so in a modeling class operated:
A. 
By a proprietary school, licensed by the Commonwealth of Pennsylvania or a college, junior college, or university supported entirely or partly by taxation;
B. 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
C. 
In a structure:
(1) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(2) 
Where, in order to participate in a class a student must enroll at least one week in advance of the class.

§ 240-22 Violations and penalties.

A person or legal entity who violates any provision of this chapter shall be guilty of a summary offense, and upon conviction thereof before a District Justice, shall be subject to a fine of not less than $300 and not more than $1,000, and shall be required to pay the costs of prosecution (including reasonable legal fees). Each violation shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. In addition to the foregoing, the Township may take such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation of this chapter. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.