[HISTORY: Adopted by the Borough Council of the Borough of Morrisville 4-8-1980
by Ord. No. 752; amended in its entirety 7-15-2002
by Ord. No. 921. Amendments noted where applicable.]
It shall be unlawful to establish or maintain any adult bookstores,
adult motion-picture theaters and adult-oriented establishments within 500
feet of any school, church or any area zoned for residential use in the Borough.
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment having a substantial or significant portion exceeding
30% of square footage of floor space of its stock and trade in, or an establishment
which, as one of its principal business purposes offers for sale, books, films,
sexually related paraphernalia, videocassettes or magazines and other periodicals
which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas, and in conjunction therewith has facilities for the presentation of
adult entertainment for observation by patrons.
An exhibition of any adult-oriented motion pictures, meaning those distinguished
or characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas.
A live performance, display or dance of any type, which has any portion
of the performance, any actual or simulated performance of specified sexual
activities or exhibition and viewing of specified anatomical areas; removal
of articles of clothing to appear unclothed or appearing unclothed; pantomiming,
modeling or any other personal services offered customers of a specified sexual
activity.
An enclosed building with any size capacity of persons which as a
principal business purpose of exhibiting, presenting or selling material distinguished
or characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas for observation
by patrons.
The term includes, without limitation, the following establishments
when operated for profit, whether direct or indirect:
Adult bookstores.
Adult motion-picture theaters.
Adult entertainment.
Any premises to which the public, patrons or members are invited or
admitted and which are so physically arranged as to provide booths, cubicles,
rooms, studios, compartments or stalls separate from the common areas of the
premises for the purpose of viewing adult-oriented motion pictures, or where
an entertainer provides adult entertainment to a member of the public, a patron
or a member.
An adult entertainment studio or any premises that are physically arranged
and used as such, whether advertised or represented as an adult entertainment
studio, rap studio, exotic dance studio, encounter studio, sensitivity studio,
modeling studio or any other term of like import.
The term "booths, cubicles, rooms, studios, compartments or stalls,"
for purposes of defining adult-oriented establishments, does not mean enclosures
which are private offices used by the owner, manager or persons employed on
the premises for attending to the tasks of their employment, and which are
not held out to the public for the purpose of viewing motion pictures or other
entertainment for a fee, and which are not open to any persons other than
employees.
Any and all persons, including independent contractors, who work
in or at or render any service directly related to the operations of an adult-oriented
establishment.
A person, partnership, limited partnership, trust, limited liability
company, unincorporated association, business trust, or any other association
or corporation operating, conducting or maintaining an adult-oriented establishment.
A person who provides entertainment with an adult-oriented establishment,
whether or not a fee is charged or accepted for entertainment and whether
or not entertainment is provided as an employee or an independent contractor.
An employee of Morrisville Borough's department of inspections and
permits authorized and designated by the director of the department, an employee
of Morrisville Borough's Police Department authorized by the commanding officer
of the Police Department or other persons designated by the Council of Morrisville
to inspect premises regulated under this chapter, to cooperate in taking the
required actions authorized by this chapter where violations are found on
a premises and to request correction of unsatisfactory conditions found on
a premises.
A person under 18 years of age.
The term does not include any of the following:
Medical publications or films or bona fide educational publications
or films.
Any art or photography publications which devote at least 25% of the
lineage of each issue to articles and advertisements dealing with subjects
of art or photography.
Any news periodical which reports or describes current events and which
from time to time publishes photographs of nude or seminude persons in connection
with the dissemination of the news.
Any publications or films which describe and report different cultures
and which from time to time publish or show photographs or depictions of nude
or seminude persons when describing cultures in which nudity or seminudity
is indigenous to the populations.
The term includes any of the following:
The approval and regulation of any uses described in this chapter shall be governed by the applicable provisions of Chapter 465, Zoning, of the Code of the Borough of Morrisville, which are incorporated herein by reference.
Any owner, lessee or occupant of such adult bookstore, adult motion-picture
theater or adult-oriented establishment in which any violation of this chapter
exists, and any person who knowingly commits, participates in or permits any
such violation shall, upon conviction before the District Justice in a summary
proceeding, be sentenced to pay a fine not exceeding $1,000 for each such
violation, as well as the costs of prosecution, or be imprisoned in the Bucks
County Prison for a period not exceeding 30 days. Each day that a violation
continues shall constitute a separate violation hereof punishable as such.
