As used in this article, the following words
and phrases shall have the meanings indicated unless the context clearly
indicates a different meaning. The defined terms in the Borough of
Bridgeport Zoning Ordinance enacted 6-13-2000 are hereby adopted by reference and
include the definitions of "adult arcade," "adult bookstore, adult
novelty store or adult video store," "adult cabaret," "adult motion-picture
theater," "adult theater," "employee," "escort," "escort agency,"
"establishment," "nude model studio," "nudity or a state of nudity,"
"person," "seminude or in a seminude condition," "sexual encounter
center," "sexually oriented business," "specified anatomical areas,"
"specified sexual activities" and "substantial enlargement."
KNOWINGLY
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
A.
The character and content of any material or
performance described herein which is reasonably susceptible of examination
by a licensee or person; or
B.
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.
LICENSEE
A person in whose name a license to operate an adult entertainment
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 employee,
a person in whose name a license has been issued authorizing employment
in an adult entertainment business.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
A.
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:
(1)
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;
(2)
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
(3)
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.
B.
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.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ENTERTAINMENT BUSINESS
Any of the following:
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means; or
C.
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.
The Borough shall suspend a license for a period
not to exceed 30 days if it determines that a licensee or an employee
of a licensee has:
A. Violated or is not in compliance with any provision
of this article or any other Borough ordinance;
B. Refused to allow an inspection of the adult entertainment
business premises as authorized by this article; or
C. Knowingly permitted gambling by any person on the
adult entertainment business premises.
A licensee shall not transfer his/her license
to another, nor shall a licensee operate an adult entertainment business
under the authority of a license at any place other than the address
designated in the application.
A person commits a violation of this article
if the person knowingly allows a person under the age of 18 years
on the premises of an adult entertainment business.
No adult entertainment business may remain open
at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays
and Saturdays, and 1:00 a.m. and 12:00 p.m. on Sundays.
It is a defense to prosecution under §
130-22 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; 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;
(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.
Any person, firm or corporation violating any
provisions of this article or the rules and regulations approved and
hereinafter adopted shall, upon summary conviction before any Magisterial
District Judge, pay a fine not exceeding $500 and costs of prosecution,
and in default of payment of the fine and costs, the violator may
be sentenced to the county jail for a term of not more than 30 days.
Whenever such person shall have been officially notified by the Borough
or by the service of a summons in a prosecution or in any other official
manner that he is committing a violation of this article or the rules
and regulations approved and hereinafter adopted, each day that he
shall continue such violation after such notification shall constitute
a separate offense punishable by a like fine or penalty. Such fines
or penalties shall be collected as like fines or penalties are now
by law collected.