[HISTORY: Adopted by the Board of Commissioners of the Township of Hatfield 2-14-2001 by Ord. No. 472 (Ch. 13, Part 5, of the 1994 Code). Amendments noted where applicable.]
The Township has determined that adult entertainment uses frequently have secondary effects which can have a negative impact upon the health, safety and welfare of Township residents. These situations include difficulties with law enforcement, municipal maintenance, trash, negative effects on business and residential property values, increased crime, corruption of the morals of minors and prostitution. The Township considers that limiting the location of adult entertainment uses is a legitimate and reasonable means of addressing the secondary effects of such uses without affecting or suppressing any activities protected by the First Amendment of the United States Constitution.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT ARCADE
- Any place to which the public is permitted or invited to operate still or motion-producing devices which show images to five or fewer persons per machine at any one time and where the image so displayed or distinguished or characterized depicts or describes specified anatomical areas or specified sexual activities.
- A. Any commercial establishment which, as a substantial business purpose, offers for sale or rental for any form of consideration any one or more of the following:
- (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
- (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
- B. 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 an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its substantial business purposes is offering for sale or rental for consideration the specified material which depict or describe specified sexual activities or specified anatomical areas.
- ADULT CABARET, DANCE HALL, PRIVATE CLUB, TAVERN, NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENT
- Any type of establishment offering adult entertainment which presents material distinguished or characterized by an emphasis on matter depicting or describing specific sexual activities or specified anatomical areas for observation by patrons therein. Such presentation or material may be live or through films, motion pictures, video cassettes, slides or other means of photographic reproduction.
- ADULT ENTERTAINMENT
- Live or nonlive entertainment containing specified sexual activities or displaying or presenting specified anatomical areas. This definition is a broad overall definition which includes the activities of adult arcades/cabarets/dance halls/private clubs/bars/gentlemen's bars/taverns/adult bookstores, adult video stores, adult mini-motion-picture theaters and peep shows, adult motels and sexual encounter centers as part of its definition for adult entertainment.
- ADULT MOTEL
- A hotel, motel or similar commercial establishment which offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
- ADULT MOTION-PICTURE THEATER
- A structure used for presenting 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 therein.
- The appearance of the specified anatomical area without any covering on the body area.
- PEEP SHOWS
- Any structure which houses a commercial establishment with the capacity for one or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas for observation by parties therein.
- State of dress in which clothing partially or transparently covers the specified anatomical areas.
- SEXUAL ENCOUNTER CENTER
- A business or commercial enterprise that as one of its primary business purposes offers physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between two or more persons when one or more of the persons is in a state of nudity or seminudity.
- SPECIFIED ANATOMICAL AREAS
- Human genitals, pubic region, anus, buttocks, female breasts below the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
- SPECIFIED SEXUAL ACTIVITIES
- Activities which include any of the following:
Adult entertainment uses are classified as any of the following activities:
Any person who operates an adult entertainment use, as defined herein, is required to obtain a permit from the Township Police Department to operate such use. Each permit shall expire one year from the date of issuance and may only be renewed by making application for a new permit.
The annual fee for an adult entertainment use permit shall be set by the Township Board of Commissioners.
The application for an adult entertainment use permit shall include a sketch or diagram of the configuration of the premises and a list of all individuals who have a ten-percent or greater interest in the adult use and any other information deemed necessary by the Township.
The Township shall deny initial applications for a permit if any of the following conditions is found to be true:
The applicant is under 18 years of age.
An applicant or the spouse of an applicant is delinquent in payment of any moneys owed to the Township.
The premises for adult entertainment use has been disapproved by the Fire Marshal or Building Inspector.
An applicant, any individual or corporation having a direct interest of ten-percent or greater in the adult entertainment use or the person in charge of the operation of the business have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania or convicted of any offense in any other jurisdiction that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania.
Each permit shall expire one year from the date of issuance and may only be renewed by meeting the application requirements for permits outlined above. Applications for renewal shall be made at least 30 days before the expiration date.
Permits shall not be renewed during a suspension or revocation time period.
The applicant or permittee shall permit the Township Police Department, Fire Marshal, Building Inspector, Zoning Officer or other Township official to inspect the premises of the adult entertainment use to ensure compliance with the law at any time that the use is open for business.
The Township shall suspend a permit for not more than 30 days if it is found that the permittee or any employee has violated any section of this chapter, refused to allow inspections as authorized by this chapter or has knowingly permitted gambling by any person on the adult entertainment use premises.
The Township shall revoke a permit if a cause of suspension occurs and the permit has been suspended for a third time in any twelve-month period. Further, the Township may revoke a permit if any of the conditions set forth in § 62-7 are found to be true; if any information submitted for the permitting process is found to be false; if the permittee or an employee has knowingly allowed the possession, use or sale of controlled substances on the premises, allowed prostitution on the premises or allowed any act of sexual contact to occur in or on the premises. When the Township revokes a permit, the revocation shall continue for a period of one year from the date of revocation.