[HISTORY: Adopted by the Board of Commissioners
of the Township of Penn 3-15-1999 by Ord. No. 717. Amendments noted
where applicable.]
The Commissioners of the Township of Penn hereby
incorporate the Preamble to this chapter as if the same were more
fully set forth herein.[1] It is the purpose of this chapter to regulate sexually
oriented businesses to promote the health, safety and general welfare
of the citizens of the Township of Penn and to establish reasonable
and uniform regulations of sexually oriented businesses within the
Township of Penn to prevent the continued deleterious location and
concentration of sexually oriented businesses within the Township
of Penn. The provisions of this chapter have neither the purpose nor
the 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 the effect of this chapter to
restrict or deny access by adults to sexually oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. Neither
is it the intent of this chapter nor the effect of this chapter to
condone or legitimize the distribution of obscene material or sexually
oriented adult entertainment.
[1]
Editor's Note: Said Preamble, being part of
Ord. No. 717, adopted 3-15-1999, is on file in the township offices.
For the purpose of this chapter, the words and
phrases set forth below shall have the meanings respectfully ascribed
to them:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture 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.
A commercial establishment which, as one of
its principal business purposes, offers for sale or rental for any
form of consideration any one or more of the following: books, magazines,
periodicals or other printed matter or photographs, films, motion
pictures, videocassettes or video reproductions, slides or other visual
representations which depict or describe specified sexual activities
or specified anatomical areas; or instruments, devices or paraphernalia
which are designed for use in connection with specified sexual activities.
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"
or "adult video store." Such other business purposes will not serve
to exempt such commercial establishment from being categorized as
an "adult bookstore" 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 depict or describe specified
sexual activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features persons who appear in the state of nudity;
or live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or films, motion
pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
An exhibition of any sexually 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 as a significant or substantial 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 or appearing unclothed, pantomiming, modeling
or any other personal services offered customers.
An enclosed building with a capacity of less than 50 persons
which regularly features the exhibiting, presenting or selling of
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.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, 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 reproductions;
or
Offers sleeping rooms for rent four or more
times in one calendar day during five or more calendar days in any
continuous thirty-day period.
An enclosed building with a capacity of 50 or more persons
which regularly features the exhibiting, presenting or selling of
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 mini-motion picture theaters.
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 sexually 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 terms "booths, cubicles, rooms, studios,
compartments or stalls" for purposes of defining sexually 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.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
A commercial establishment which, as one of its principal
business purposes, serves and/or sells to children and their families
food, apparels, goods, services, play and/or entertainment.
Any and all persons, including independent contractors, who
work in or at or render any service directly related to the operation
of a sexually oriented establishment.
A person who provides entertainment within a sexually 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.
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.
A person or business association who or which furnishes,
offers to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
An employee of the Township of Penn authorized and designated
by the Board of Commissioners of the Township of Penn, an employee
of the Township of Penn Police Department authorized by the commanding
officer of the Police Department or other persons designated by the
Township of Penn to inspect premises regulated under this chapter,
to cooperate in taking required actions authorized by this chapter
where violations are found on the premises and to request correction
of the unsatisfactory conditions found on a premises, not permitted
by this chapter.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material or
performance described herein which is reasonably susceptible to examination
by a licensee or person; and
The age of the minor; provided, however, that
an honest mistake shall constitute an excuse from liability hereunder
if the licensee or person made a reasonable bona fide attempt to ascertain
the true age of such minor.
The Township of Penn.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttock, human anus, human
male genitals, human female genitals, or human female breast.
A person, partnership or corporation operating, conducting
or maintaining a sexually oriented establishment.
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
The term does not include any of the following:
Medical publications or films or bona fide educational
publications or films.
Any art of photography publications which devote
at least 25% of the lineage of each issue to articles and advertisements
dealing with subjects of the art of photograph.
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.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult-oriented
business, adult theater, escort agency, nude model studio or sexual
encounter center.
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 by a
child; possession or distribution of child pornography; public lewdness;
indecent exposure; indecency with a child; engaging in organized criminal
activity; sexual assault; molestation of a child; gambling; or distribution
of a controlled substance; or any similar offenses to those described
above under the criminal or penal code of other states or countries
for which:
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 misdemeanor offense;
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
felony offense; or
Less than five years have elapsed since the
date of the last conviction or the date of release from confinement
for the last conviction, whichever is the later date, if the convictions
are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
The fact that a conviction is being appealed
shall have no effect on the disqualification of the applicant or a
person residing with the applicant.
Includes any of the following;
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on date of enactment of this chapter.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means; or
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.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing:
Films, movies, videos, or visual reproductions
of any kind depicting or describing specified sexual activities or
specified anatomical areas, or
Persons who appear in a state of nudity or seminudity
or who offer performances or presentations characterized by the exposure
of specified anatomical areas or by specified sexual activities.
A.
It is unlawful:
(2)
For any person to operate a sexually oriented business
without a valid sexually oriented business license issued by the township
pursuant to this chapter.
(3)
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 a sexually oriented business employee by the township
pursuant to this chapter.
(4)
For any person to obtain employment with a sexually
oriented business without having secured a sexually oriented business
employee license pursuant to this chapter.
(5)
Beginning on the 60th day after enactment of this
chapter for any person to continue to operate any sexually oriented
business in operation at the time of enactment of this chapter without
a valid sexually oriented business license pursuant to this chapter.
(6)
Beginning on the 60th day after enactment of this
chapter for any person who operates a sexually oriented business in
operation at the time of enactment of this chapter to employ a person
to work for the sexually oriented business who is not licensed as
a sexually oriented business employee by the township pursuant to
this chapter.
(7)
Beginning on the 60th day after enactment of this
chapter for any person to obtain employment with a sexually oriented
business in operation at the time of enactment of this chapter without
having secured a sexually oriented business 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 applicant. If a person who wishes to operate a sexually
oriented business is other than an individual, each individual who
has a twenty-percent-or-greater interest in the business must sign
the application for a license as applicant. Each applicant must be
qualified under the following section, and each applicant shall be
considered a 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
eighteen years of age.
(b)
A partnership, the partnership shall state its
complete name and the name of all partners, whether the partnership
is general or limited, and a copy of the partnership agreement, if
any.
(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 and
qualified and authorized to conduct business in Pennsylvania, the
names and capacity 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.
(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 ordinance from another municipality,
state or county 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 ordinance from another municipality, state
or county and, if so, the names and locations of such other licensed
businesses.
(6)
The specific classification of sexually oriented use
for which the applicant is filing along with a detailed description
of each and every activity encompassed by the proposed sexually oriented
business, which description shall thoroughly demonstrate compliance
and/or intended compliance with all provisions of this chapter.
(7)
The location of the proposed sexually oriented business,
including a legal description of the property, street address and
telephone number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's permit number, social security
number and his/her state or federally issued tax identification number.
(11)
A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the
business. The sketch or diagram need not be professionally prepared,
but it must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
(12)
A current certificate and straight-line drawing prepared
within 30 days prior to application by a registered land surveyor
depicting the property lines, the property to be certified; and
(13)
If an applicant wishes to operate a sexually oriented business, which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 135-11 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(14)
The application form shall inform the applicant that:
(a)
Separate applications are required for any necessary
zoning permits, subdivision and land development approvals or building
and occupancy permits and that the applicant may apply for such permits
by contacting the Township Director of Code Enforcement; and:
(b)
Department of Labor and Industry approval is
required.
(15)
Before any applicant may be issued a sexually oriented
business employee license, the applicant shall submit on a form to
be provided by the township the following information:
(a)
The applicant's name or any other name (including
"stage" names) or aliases used by the individual;
(b)
Age, date and place of birth;
(c)
Height, weight, hair and eye color;
(d)
Present residence address and telephone number;
(e)
Present business address and telephone number;
(f)
Date, issuing state and number of driver's license
or other identification card information;
(g)
Social security number; and
(h)
Proof that the individual is at least 18 years
of age.
(16)
Attached to the application form for a sexually oriented
business employee license as provided above shall be the following:
(a)
A color photograph of the applicant clearly
showing the applicant's face and the applicant's fingerprints on a
form provided by any Police Department. Any fees for the photographs
and fingerprints shall be paid by the applicant.
(b)
A statement detailing the license history of
the applicant for the five years immediately preceding the date of
the filing of the application, including whether such applicant previously
operated or is seeking to operate, in this or any other county, municipality,
state, or country, any business or has ever had a license, permit,
or authorization to do business denied, revoked, or suspended, or
had any professional or vocational license or permit denied, revoked
or suspended. In the event of any such denial, revocation or suspension,
state the name, 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.
(c)
A statement whether 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.
A.
Upon the filing of said application in a fully completed
form for a sexually oriented business license or for a sexually oriented
business employee license, the application shall then be referred
to the Township Code Enforcement Officer for review and investigation.
The Township Code Enforcement Officer shall utilize any available
resources through the Pennsylvania State Police, the Commonwealth
of Pennsylvania or other law enforcement agencies as may be necessary
to complete the review and investigation required by this chapter.
Within 30 days from the date the completed application is filed, the
Township Code Enforcement Officer shall issue a license, unless it
is determined by the Township Code Enforcement Officer 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 sexually oriented business 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.
(5)
The applicant has had a sexually oriented business employee license revoked by the township within two years of the date of the current application. If the sexually oriented business 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 Subsection G of this section.
(6)
The required application, investigation and license
fees have not been paid.
(7)
An applicant's license to operate a sexually oriented
business, issued by any jurisdiction, has been revoked within the
preceding 12 months.
(8)
The proposed sexually oriented business is in violation
of or is not in compliance with any of the provisions of this chapter.
(9)
The applicant is delinquent in the payment of either
state or local taxes and/or fees.
(10)
The location of the structure is in violation of any
existing health, fire and building codes of the Township of Penn.
(12)
The applicant has knowingly employed a person without
a valid license.
B.
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the 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 § 135-5. An application for renewal shall be made no later than 60 days before the expiration date.
C.
The license, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date, the address of the sexually oriented business and the specific
classification of sexually oriented use for which the license is issued.
Licenses for sexually oriented businesses shall state that the sexually
oriented business shall not commence until all necessary zoning, subdivision
and land development and/or building code approvals and Department
of Labor and Industry approvals are obtained. 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.
D.
Applications for building and occupancy permits shall
be processed and either denied or approved within 30 days of a complete
application by the township.
E.
A sexually oriented business license shall issue for
the specific classification of sexually oriented use as permitted
by ordinance and applied for.
G.
Any person aggrieved by the grant of a license may
appeal, in writing, within 10 days from the date of issuance of the
license to the Township Board of Commissioners. The Township Board
of Commissioners shall then hold a Local Agency Law[2] hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Township Board of Commissioners may be taken to court subject to § 135-9E of this chapter.
[2]
Editor's Note: See 2 Pa. C.S.A. § 105.
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 nonrefundable application and investigation
fee in an amount set by resolution of the Board of Commissioners.
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 in an amount set by resolution of the Board of Commissioners
within 30 days of license issuance or renewal.
C.
Every application for a sexually oriented business
employee license (whether for a new license or for renewal of an existing
license) shall be accompanied by an annual nonrefundable application,
investigation and license fee in an amount set by resolution of the
Board of Commissioners.
D.
All license applications and fees shall be submitted
to the office of the Township Secretary/Treasurer, and, thereafter,
the applications shall be forwarded to the Township Code Enforcement
Officer for review and investigation and approval or denial.
A.
An applicant or licensee shall permit authorized township
officials and their agents or consultants to inspect the premises
of a sexually oriented business for the purpose of ensuring compliance
with the law, at any time it is occupied or open for business.
B.
A person who operates a sexually oriented business
or his agent or employee commits a violation of this chapter if he
refuses to permit such lawful inspection of the premises at any time
it is occupied or open for business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 135-4B. Application for renewal shall be made at least 60 days before the expiration date, and when made less than 60 days before the expiration date, the date of expiration of the license will not be extended.
B.
When the township denies renewal of a license, the
applicant shall not be issued a license for one year from the date
of denial. If, subsequent to denial, the 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.
The Township Code Enforcement Officer shall
suspend a license for a period not to exceed 30 days if he determines
that:
A.
A licensee or an employee of a licensee has:
B.
The business is being operated or has been operated
in violation of the health, fire and building codes of the Township
of Penn.
C.
The applicant engaged in a permit transfer in violation
of the terms of this chapter.
D.
If the applicant has violated the hours of operation
as set forth in this chapter.
E.
If the operator has failed or refuses to allow an
inspection of the premises by the duly designated authorized representative
of the township.
F.
The applicant knowingly employed a person without
a valid license.
A.
The Township Code Enforcement Officer shall revoke a license if a cause of suspension in § 135-8 occurs and the license has been suspended within the preceding 12 months.
B.
The Township Code Enforcement Officer shall revoke
a license if he determines that:
(1)
A licensee gave false or misleading information in
the material submitted during the application process;
(2)
A licensee has knowingly allowed possession, use or
sale of controlled substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the
premises;
(4)
A licensee knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended;
(5)
A licensee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or other sex act
to occur in or on the license premises;
(6)
A licensee is delinquent in payment to the township
for any licensing fees past due;
(7)
The applicant was convicted of a specified criminal
act as defined by this chapter;
(8)
An employee of the applicant had been convicted twice
within a year of a specified criminal act occurring on or in the premises
while employed by the applicant; or
(9)
The applicant has been convicted of a tax violation
regarding the sexually oriented business.
C.
When the township revokes a license, the revocation
shall continue for one year, and the licensee shall not be issued
a sexually-oriented business license for one year from the date the
revocation became effective. If, 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.
All license application, renewal, suspension or revocation
decisions shall be sent, in writing, to the applicant or licensee.
All such decisions which deny, suspend or revoke a permit shall state
specifically the ordinance requirement not met and any other basis
for the decision. After denial of an application, or denial of a renewal
of an application, or after suspension or revocation of any license,
the applicant or licensee may appeal pursuant to the Local Agency
Law[1] to the Township Board of Commissioners. The Township Board
of Commissioners will then hold a Local Agency Law hearing within
20 days from the date the appeal is filed and will render a written
decision within 10 days from the date such hearing concludes. Any
such appeal must be filed, in writing, with the Township Secretary/Treasurer,
within 10 days from the date of mailing of the decision appealed from.
Failure to file said appeal with the Township Secretary/Treasurer
within 10 days from the date of the mailing of the decision appealed
from shall be deemed a conclusive determination as to the issues or
matters addressed by the written decision. In the case of a denial
of a license renewal, or in the case of a license suspension or revocation,
the licensee may continue to operate to the same extent as immediately
prior to the suspension or revocation until the earlier of:
(1)
The expiration of the ten-day appeal period without
filing of an appeal; or
(2)
The date of a decision dismissing any appeal.
[1]
Editor's Note: See 2 Pa. C.S.A. § 105.
E.
Any person aggrieved by a decision of the Township
Board of Commissioners may appeal to a court of competent jurisdiction.
The township shall, upon filing of such appeal, consent to any request
by a license applicant or licensee to the court to give expedited
review to such appeal. The township shall certify any record to the
court within twenty days of any request by the court to do so.
A licensee shall not transfer his/her license
to another, nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
A.
A person who operates viewing booths or causes them
to be operated shall comply with the following requirements:
(1)
Upon application for a sexually oriented license,
the application shall be accompanied by a diagram of the premises
showing a plan thereof specifying the location of one or more manager's
stations and the location of all overhead lighting fixtures and 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. A professionally prepared diagram
in the nature of an engineer's or architect's blueprint shall not
be required; however, each diagram should be oriented to the north
or to some designated street or object and should be drawn to a designated
scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of interior of the premises to an accuracy
of plus or minus six inches. 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)
The application shall be sworn to be true and correct
by the applicant.
(3)
It is the duty of the licensee of the premises to
ensure that at least one licensed employee is on duty and situated
in each manager's station at all times that any patron is present
inside the premises.
(4)
The interior of the premises shall be configured in
such a manner that there is an unobstructed view from the manager's
station of every area of the premises to which any patron is permitted
access for any purpose excluding restrooms. Restrooms may not contain
video reproduction equipment. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the promises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required in
this subsection must be by direct line of sight from the manager's
station. In addition, all viewing booths shall have at least one side
fully open so that all of the area inside the booth is open to the
view of persons in the public area of the establishment.
(5)
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(4) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
(6)
No viewing room may be occupied by more than one person
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
footcandle as measured at the floor level.
(8)
It shall be the duty of the licensees to ensure that
the illumination described above is maintained at all times that any
patron is present in the premises.
(9)
No licensee shall allow openings of any kind to exist
between viewing rooms or booths.
(10)
No person shall make or attempt to make an opening
of any kind between viewing booths or rooms.
(11)
The licensee shall, during each business day,
regularly inspect the walls between the viewing booths to determine
if any openings or holes exist.
(12)
The licensee shall cause all floor coverings
in viewing booths to be nonporous, easily cleanable surfaces, with
no rugs or carpeting.
(13)
The licensee shall cause all wall surfaces and
ceiling surfaces in viewing booths to be constructed of, or permanently
covered by, nonporous, easily cleanable material. No wood, plywood,
composition board or other porous material shall be used within 48
inches of the floor.
A.
A nude model studio shall not employ any person under
the age of 18 years.
B.
A person under the age of 18 years commits a violation
of this chapter 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 a violation of this chapter 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.
A.
Public places.
(1)
It shall be a violation of this chapter for a person
to knowingly and intentionally, in a public place:
(2)
For purposes of this chapter, "public place" includes
all outdoor areas owned by or open to the general public, and all
buildings and enclosed places owned by or open to the general public,
including but not limited to places of entertainment, taverns, restaurants,
clubs, theaters, dance halls, banquet halls, party rooms or halls
limited to specific members, and party rooms or halls restricted to
adults or to patrons invited to attend, whether or not an admission
charge is levied. This section shall not apply to:
(a)
Any child under ten years of age;
(b)
Any individual exposing a breast in the process
of breastfeeding an infant under two years of age; or
(c)
The exercise of free speech or free expression
in the form of artistic and theatrical performances. It is the intention
of the township that this section be construed, enforced and interpreted
in such a manner as will cause the least possible infringement of
the constitutional rights of free speech, free expression, due process,
equal protection or other fundamental rights.
B.
It shall be a violation of this chapter for a person
to appear in a nude condition while either as a patron or an employee
of a sexually oriented business, unless the person 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 any employee,
while nude or 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 employee, while said
employee is seminude in a sexually oriented business.
A.
A person commits a violation of this chapter if the
person knowingly allows a person under the age of 18 years on the
premises of a sexually oriented business.
B.
A person commits a violation of this chapter if the
person knowingly allows a person under the age of 18 to either be
employed upon said premises or to purchase goods or services on said
premises of a sexually oriented business.
A.
No sexually oriented business shall be open for business
before 9:00 a.m., Monday through Saturday, or after 12:00 midnight,
Monday through Saturday. Sexually oriented businesses shall be closed
at all times on Sundays and legal holidays.
B.
It shall be unlawful for a sexually oriented business
to engage in a performance, solicit a performance, make a sale, solicit
a sale, provide a service or solicit a service between the hours of
9:00 a.m., Monday through Saturday, or after 12:00 midnight Monday
through Saturday.
It is a defense to prosecution under § 135-14 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, 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; and
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;
(2)
Where, in order to participate in a class a student
must enroll at least three days in advance of the class; and
(3)
Where no more than one nude model is on the premises
at any one time.
A.
Any person, firm or corporation who or which violates
or permits the violation of any provision of this chapter or the rules
and regulations approved and hereinafter adopted shall pay a fine
not exceeding $1,000 for each violation. Whenever such person shall
have been officially notified by the township that he is committing
a violation of this chapter or the rules and regulations approved
and hereinafter adopted, each day that he shall continue such violation
after such notification shall constitute a separate violation punishable
by a like fine. Any person who violates or permits the violation of
this chapter shall pay, in addition to the fine set forth above, all
court costs and reasonable attorney's fees incurred by the township
in connection with any civil enforcement proceedings brought to enforce
this chapter.
B.
The township may commence civil enforcement proceedings
to assess fines for violations of this chapter. In addition to such
civil enforcement proceedings, the township may commence, at any time,
appropriate actions in equity or otherwise to prevent, restrain, correct,
enjoin or abate violations of this chapter.
The provisions of this chapter are severable
and if any section, subsection, clause, sentence or part thereof shall
be held or declared illegal, invalid or unconstitutional by any court
of competent jurisdiction, the decision shall not affect or impair
any of the remaining sections, subsections, clauses, sentences or
parts thereof of this chapter; it is hereby declared to be the intent
of the Board of Commissioners that this chapter would have been adopted
if such illegal, invalid or unconstitutional section, subsection,
clause, sentence or part thereof had not been included herein.
This chapter shall be effective immediately
upon enactment.
