[HISTORY: Adopted by the Board of Supervisors of the Township of
Hempfield 1-29-2001 by Ord. No. 2001-4.
Amendments noted where applicable.]
A.
Purpose.
(1)
Pursuant to the authority granted in the Second Class
Township Code to promote and secure the health, cleanliness, comfort and safety
of the citizens of Hempfield Township, to regulate and inspect the use and
occupancy of public buildings, to regulate places of public entertainment,
amusement and recreation and to prevent and prohibit public nuisances due
to adverse secondary effects, the Township of Hempfield (hereinafter "Township")
enacts this chapter to minimize and control the adverse secondary effects
of sexually oriented businesses and thereby protect the health, safety and
welfare of its citizens; protect the citizens' property values and character
of surrounding neighborhoods; and deter the spread of blight.
(2)
The Board of Supervisors has determined that licensing
is a legitimate and reasonable means of accountability to insure that operators
of sexually oriented businesses comply with reasonable regulations and to
insure that operators do not knowingly allow their establishments to be used
as places of illegal sexual activity or solicitation.
(3)
The Board of Supervisors does not intend this chapter
to suppress any speech activities protected by the First Amendment, but to
enact a content-neutral ordinance which addresses the secondary effects of
sexually oriented businesses. It is not the intent of the Board in enacting
this legislation to deny any person rights of speech protected by the Constitution
of the United States or the Constitution of Pennsylvania, or both, nor is
it the intent of the Board to impose by this chapter any additional limitations
or restrictions on the contents of any communicative materials, including
sexually oriented films, videotapes, books and other materials. Further, by
enacting this legislation, the Board does not intend to deny or restrict the
rights of any adult to obtain or view, or both, any sexually oriented materials
or conduct protected by the Constitution of the United States or the Constitution
of Pennsylvania, or both, nor does it intend to restrict or deny any constitutionally
protected rights that distributors or exhibitors of sexually oriented materials
may have to sell, distribute or exhibit these materials.
B.
Legislative findings. The Board of Supervisors finds:
(1)
Law enforcement personnel have determined and statistics
and studies performed in a substantial number of communities in this commonwealth,
and in the United States indicate that sexually oriented businesses have adverse
secondary effects, including those specified and recognized at 68 Pa.C.S.A.
§ 5501(a), which secondary effects should be regulated to protect
the public health, safety and welfare. These secondary effects include, but
are not limited to, the spread of communicable diseases, performance of sexual
acts in public places, presence of discarded sexually oriented materials on
public and private property, sexual harassment, obscenity, prostitution and
other illegal sexual activities, crime, decreased property values and neighborhood
deterioration.
(2)
Based on evidence concerning the adverse secondary effects
of adult uses on the community presented in depositions and hearings conducted
by the United States District Court for the Middle District of Pennsylvania,
Case No. 3:CV99-1801 (Judge Munley), and by the United States District Court
for the Western District of Pennsylvania, Case No. 98-1140 (Judge Lancaster);
and in reports made available to the Township and on findings incorporated
in the cases of City 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; Biloxi, Mississippi; Seattle, Washington;
Oklahoma City, 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 Township finds:
(a)
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 occur on
their premises.
(b)
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.
(c)
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. Furthermore, adult bookstores tend to attract homosexual men who
engage in unprotected, high risk sexual activities.
(d)
Offering and providing such space encourages such activities,
which creates unhealthy conditions.
(e)
Persons frequent certain adult theaters, adult arcades
and other sexually oriented businesses for the purpose of engaging in sex
within the premises of such sexually oriented businesses.
(f)
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.
(g)
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.
(h)
According to the best scientific evidence, AIDS and HIV
infection, as well as syphilis and gonorrhea, are principally transmitted
by sexual acts.
(i)
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.
(j)
Numerous studies and reports have determined that semen
is found in the areas of sexually oriented businesses where persons view adult-oriented
films.
(k)
Numerous studies have indicated that sexually oriented
businesses have a substantial negative impact on property values and cause
neighborhood blight.
(3)
Sexually oriented businesses have adverse secondary effects
in the nature of a public nuisance, which secondary effects should be regulated
to protect the public health, safety and welfare.
(4)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(5)
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 business. 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.
(6)
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 and bookstores.
(7)
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.
(8)
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.
(9)
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 prevent or
who are likely to be witnesses to such activity.
(10)
The fact that an applicant for an adult or sexually oriented
use license has been convicted of a sexually related crime leads to the rational
assumption that the applicant is likely to engage in that conduct in contravention
of this chapter.
(11)
The barring of such individuals from the management of
sexually oriented uses for a period of years serves as a deterrent to and
prevents conduct which leads to the transmission of sexually transmitted diseases.
(12)
The general welfare, health and safety of the citizens
of the Township will be promoted by the enactment of this chapter.
(13)
The limitation of operating hours of sexually oriented
businesses from 8:00 a.m. to 10:00 p.m., Mondays through Saturdays, and closure
of such businesses on Sundays and holidays reduces the adverse secondary effects
of such businesses, including, particularly, but not limited to, late night
noise levels, crime and sexually offensive materials and activities in public
areas, and promotes the public health, safety and welfare.
(14)
The reasonable regulation and supervision of sexually
oriented businesses tends to discourage sexual acts and prostitution and thereby
promote the health, safety and welfare of patrons, clients and customers of
these businesses.
(15)
The continued unregulated operation of such sexually
oriented businesses would be detrimental to the general health, safety and
welfare of citizens of Hempfield Township.
As used in this chapter the following words and phrases shall have the
meanings indicated unless the context clearly indicates a different meaning:
Any place to which the public is permitted or invited wherein coin-operated,
slug-operated, or for any form of consideration, 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 distinguishable or characterized by the depicting
or describing of specified sexual activities or specified anatomical areas.
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:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides or
other visual representations which are characterized by the depiction or description
of 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, adult novelty 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 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.
A nightclub, bar, restaurant 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; 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 adult-oriented motion pictures which are distinguished
and characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas; or
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 in viewing of specified anatomical
areas or persons in a state of nudity or seminudity; 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.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
[Added 6-28-2004
by Ord. No. 2004-14]
The term includes, without limitations, 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; and
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, tavern, concert hall, banquet hall, party room, conference
center, restaurant, nightclub, club, bar, recreation center, indoor amusement
center, dance hall, auditorium or similar commercial establishment which regularly
features persons who appear in a state of nudity or seminudity, or performances
which are characterized by the exposure of specified anatomical areas or by
specified sexual activities.
A person who performs any service on the premises of a sexually oriented
business on a full-time, part-time or contract basis, whether or not the person
is denominated an employee, independent contractor, agent, lessee, lessee
of a dance floor or space or otherwise, and whether or not said person is
paid a salary, wage or compensation by the operator of said business. "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.
A person who, for consideration, agrees or offers to act as a companion,
guide or date for another, or who agrees or offers to privately model lingerie
or to privately perform a strip tease for another person.
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.
Includes any of the following:
The opening or commencement of any sexually oriented business as a new
business;
The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
The addition of any sexually oriented business or sexually oriented
use to any other existing sexually oriented business or sexually oriented
use; or
The relocation of any sexually oriented business.
Having a 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 of examination by a licensee or persons;
The age of a 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.
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 employee, a person in whose name a license
has been issued authorizing employment in a sexually oriented business.
Any method of pressure or friction against, or stroking, kneading,
rubbing, tapping, pounding, vibrating, or stimulating of the external parts
of the human body with hands or with the aid of any mechanical or electrical
apparatus or appliance with or without such supplementary aides as rubbing
alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments,
or such other similar preparations commonly used in the practice of massage,
under such circumstances that it is reasonably expected that the person to
whom the treatment is provided or some third person on his or her behalf will
pay money or give any other consideration or gratuity therefor.
[Amended 6-28-2004 by Ord. No. 2004-14]
A commercial enterprise whose primary business emphasis is the administration
of sexually oriented massages to patrons by employees. Where is exempt from
this definition hospitals, nursing homes, sanitariums, or persons holding
an unrevoked certificate to practice the healing arts under the laws of the
Commonwealth of Pennsylvania, licensed physical therapists of the Commonwealth
of Pennsylvania, chiropractors licensed in the Commonwealth of Pennsylvania,
physicians, osteopaths, chiropodists, or podiatrists, registered nurses and
licensed practical nurses who are licensed to practice in the Commonwealth
of Pennsylvania.
[Added 6-28-2004 by Ord. No. 2004-14]
Any place where a person appears seminude, in a state of nudity or
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. Nude model studios shall not include
a proprietary school licensed by the Commonwealth of Pennsylvania where 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:
That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or seminude person is available for viewing;
and
Where, in order to participate in a class, a student must enroll at
least three days in advance of the class; and
Where no more than one nude or seminude model is on the premises at
one time.
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 nipple or the showing of the covered male genitals in a discernible turgid
state.
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
The state of dress in which clothing partially or opaquely covers
specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult video
store, adult cabaret, adult motion-picture theater, adult theater, escort
agency, massage parlor, nude model studio, sexual encounter center, or other
commercial establishment where adult entertainment is presented for money
or other forms of consideration, or where viewing booths as the types specifically
referred to herein are present.
[Amended 6-28-2004 by Ord. No. 2004-14]
Human genitals, pubic region, anus, buttocks, female breast(s) below
a point immediately above the top of the areola or human male genitals in
a discernible turgid state, even if completely covered.
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; gaming/gambling; or distribution
of a controlled substance; rape, fraud, robbery, perjury, corruption of minors,
firearms offenses 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 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.
Any of the following:
The increase in floor areas occupied by the business by more than
25%, as the floor areas exist on the date of licensing. Undisclosed enlargements
or incremental enlargements shall be calculated as cumulative enlargements
regardless of the number of license issues.
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:
(1)
For any person to establish and operate a sexually oriented
business after the effective date of this chapter without a valid sexually
oriented business license issued by the Township pursuant to this chapter;
(2)
For any person who establishes and operates a sexually
oriented business after the effective date 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;
(3)
For any person to obtain employment with a sexually oriented
business after the effective date of this chapter without having secured a
sexually oriented business employee license pursuant to this chapter;
(4)
Beginning on the 180th day after enactment of this chapter,
for any person to continue to operate a sexually oriented business already
in operation on the effective date of this chapter without a valid sexually
oriented business license pursuant to this chapter;
(5)
Beginning on the 180th day after the effective date of
this chapter, for any person operating a sexually oriented business in operation
at the time of the 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;
(6)
Beginning on the 180th day after the effective date of
this chapter, for any person working as an employee of a sexually oriented
business on the effective date of this chapter to continue such employment
without having secured a sexually oriented business employee license pursuant
to this chapter.
B.
Application for a business or employee license must be
made on a form provided by the Township. For purposes of this chapter, the
responsibility for conducting any investigation, receiving and processing
any application, and issuing or denying any license required under this chapter
shall be the Township Code Enforcement Officer and/or his assistant.
C.
All applicants must be qualified according to the provisions
of this chapter. The application may request and the applicant shall provide
such information 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 ten-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 18 years of
age.
(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.
(c)
A corporation, the corporation shall state its complete
name, the date of its incorporation, the type or classification of the corporation,
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 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, county or
jurisdiction; whether said license is or has ever 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 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, county or jurisdiction 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 use, 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/or his/her state of 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)
If an applicant wishes to operate a sexually oriented business, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, 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 § 68-12 of this chapter.
(14)
An infectious plan to protect employees and the public
from bodily fluids of infectious contamination. A copy of the plan shall be
attached to the application and shall be OSHA (Occupational Safety & Health
Act) compliant.
F.
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:
(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 license
or other identification card information;
(7)
Social security number; and
(8)
Proof that the individual is at least 18 years of age.
G.
Attached to the application form for a sexually oriented
business employee license as provided above shall be the following:
(1)
At the time the application is filed, the Township will
take a color photograph of the applicant clearly showing the applicant's
face, which photograph shall be used to complete the criminal background check
required by this chapter.
(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 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 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 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.
(4)
A statement acknowledging that the employee has reviewed
the infections control plan adopted by the sexually oriented business.
H.
Any and all sexually oriented businesses in operation
within the Township, as of the effective date of this chapter, must apply
for the required licenses, and pay any applicable license fees under this
chapter within five months after the effective date of this chapter and furthermore
must come into full compliance with this chapter within six months after the
effective date of this chapter.
I.
To the extent permitted by law, all applications for
licenses required by this chapter, and materials submitted therewith, shall
be maintained by the Township in a confidential file which shall not be made
available to public, except that all sexually oriented business licenses shall
be available for public inspection.
A.
Upon the filing of a fully completed application form
for a sexually oriented business license or employee license, the Township
shall issue a temporary license to said applicant which shall entitle the
applicant to operate the sexually oriented business or work as an employee.
The application shall then be referred to the Township Code Enforcement Officer
and/or his assistant as the licensing administrator for purposes of this chapter
for an investigation to be made on such information as is contained on the
application. The processing and investigation of the application shall be
completed within 30 days of the date that the fully completed application
is filed with the Township. Any incomplete application shall be returned to
the applicant and the thirty-day period for processing and investigation shall
not commence until a fully completed application has been filed. After the
processing and investigation, the Township shall issue a permanent license,
unless it is determined by a preponderance of the evidence that one or more
of the following findings is true:
(1)
The applicant 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 license is to be used for operation of a business
or 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 license
or sexually oriented business employee license revoked by the Township within
one year of the date of the current application.
(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 application demonstrates that the proposed sexually
oriented business is in violation of or is not in compliance with any of the
provisions of this chapter.
(9)
If the sexually oriented business license or sexually oriented business employee license is denied, the temporary license previously issued shall remain in effect during all appeals. Denial, nonrenewal, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 68-9.
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 § 68-5.
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 or employee and the specific
classification of sexually oriented use for which the license is issued. All
licenses shall be posted in a conspicuous place at or near the entrance of
the sexually oriented business so that they may be easily read at any time.
D.
Applications for license required by the Township under
this chapter shall be processed and either denied or approved within 30 days
after a complete application is filed with the Township. A letter notifying
the applicant of such denial or approval shall be mailed to the applicant
within 30 days of the submittal of a complete application. If the Township
fails to render a decision granting, denying or renewing a license required
by this chapter within 30 days after a complete application is filed with
the Township, the permanent license required by this chapter shall be deemed
to have been approved. This "deemed approval" rule shall apply to both applications
for sexually oriented business licenses and sexually oriented business employee
licenses.
E.
A sexually oriented business license shall be issued
for the specific classification of a sexually oriented use permitted by this
chapter and applied for.
A.
Every application for a new sexually oriented business
license shall be accompanied by a nonrefundable application and investigation
fee of $500.
B.
Every application for renewal of an existing sexually
oriented business license shall be accompanied by an annual nonrefundable
renewal license fee of $200 within 30 days of license 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 of $50.
D.
All license applications and fees shall be submitted
to the office of Township Secretary/Treasurer, and, thereafter, the application
shall be forwarded to the Township Code Enforcement Officer and/or his assistant
designated as licensing administrator for review, investigation and approval
or denial.
E.
The schedule of fees set forth in this section may be
amended by resolution of the Township.
A.
Subject to the consent of an applicant or licensee, the
Township Code Enforcement Officer and/or his assistant may inspect the premises
of sexually oriented businesses for purposes of ensuring compliance with this
chapter during any time it is open for business. In the event that the Township
Code Enforcement Officer and/or his assistant has probable cause to believe
that a sexually oriented business is operating in violation of this chapter,
he and/or his assistant may inspect the premises of the sexually oriented
business for purposes of ensuring compliance with this chapter during any
time it is open for business.
B.
In addition to the foregoing, each applicant of a licensed
sexually oriented business shall file with the Township on January 1, May
1 and October 1 of each year a notarized certification on a form provided
by the Township that the business and all of its employees are operating in
compliance with this chapter.
A.
Each license issued under this chapter shall expire one year from the date of issuance and may be renewed only by making application as provided in § 68-3. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
B.
When the Township Code Enforcement Officer 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 Code Enforcement
Officer finds that the basis for denial of the renewal license has been corrected
and abated, the applicant shall be granted a license if at least 90 days have
elapsed since the date denial became final.
A.
The Township Code Enforcement Officer shall suspend a
license for a period not to exceed 30 days if he determines that:
(1)
A licensee or an employee of licensee has violated or
is not in compliance with any provision of this chapter.
B.
The Township Code Enforcement Officer shall revoke a license if a cause of suspension in Subsection A(1) occurs and the license has been suspended within the preceding 12 months.
C.
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
licensed premises;
(6)
A licensee is delinquent in payment to the Township,
county or state for any taxes or fees past due;
(7)
A licensee has failed to develop and follow an infectious
control plan to protect employees and the public; or
(8)
A licensee's business is not operating for a period
of 45 days or the business location on the license is unoccupied for 45 days.
D.
When the Township Code Enforcement Officer revokes the
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, however, subsequent to revocation, the
Township Code Enforcement Officer finds that the basis for the revocation
has been corrected or abated, the applicant shall be granted a license if
at least 90 days have elapsed since the date the revocation became effective.
A.
All license application denial, renewal, suspension or
revocation decisions shall be sent in writing to the applicant or licensee.
All such decisions which deny, refuse to renew, suspend or revoke a license
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 procedures of the Local Agency Law (2 Pa.C.S.A. § 101
et seq.) to the Township Board of Supervisors, except as modified herein.
Any such appeal must be filed, in writing, with the Township Secretary, within
10 days from the date of the mailing of the decision appealed from and shall
specify, in detail, the basis for the appeal. Failure or refusal to file said
appeal or specify the basis of said appeal with the Township Secretary shall
be deemed a conclusive determination as to the issues or matters addressed
by the written decision. If an appeal is timely filed, the Township Board
of Supervisors will then hold a Local Agency Law hearing pursuant to 2 Pa.C.S.A. § 101
et seq. 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. In the
case of a denial of a license or 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:
B.
Any person aggrieved by a decision of the Township Board
of Supervisors may appeal to a court of competent jurisdiction pursuant to
the Local Agency Law (2 Pa.C.S.A. § 101 et seq.) and 42 Pa.C.S.A.
§ 933(a)(2). 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 of such appeal. The Township shall certify any record to the court
within 20 days after the appeal is filed. In the case of a denial of a license
or 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:
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 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 causes a substantial enlargement of any sexually oriented business
in any building, structure or portion thereof, containing another sexually
oriented business.
B.
Any business regulated by this chapter shall be required
to meet the Township's ordinances addressing enlargements; and also required
to relicense this business prior to a significant enlargement.
A.
A person who operates or causes to be operated a sexually
oriented business, which exhibits on the premises in a viewing room of less
than 150 square feet of floor space, a film, videocassette, 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 business 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)
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Township.
(4)
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.
(5)
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 rest rooms. Rest rooms 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 premises 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
(6)
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(5) 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.
(7)
No viewing room may be occupied by more than one person
at any time.
(8)
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 five footcandles
as measured at the floor level.
(9)
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.
(10)
No licensee shall allow openings of any kind to exist
between viewing rooms or booths.
(11)
No person shall make or attempt to make an opening of
any kind between viewing booths or rooms.
(12)
The licensee shall, during each business day, regularly
inspect the walls between the viewing booths to determine if any openings
or holes exist.
(13)
The licensee shall cause all floor coverings in viewing
booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14)
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.
(15)
A licensee shall brief all employees as to the approved
infectious control plan and OSHA regulations before and during employment
at intervals of at least six months.
It shall be a violation of this chapter for a person to knowingly or
intentionally in a sexually oriented business appear in a seminude or nude
condition unless the person is an employee, who while nude or seminude shall
be at least two feet from any patron or customer and on a stage at least two
feet from 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 and/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 rest room 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.
B.
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:
(1)
Any child 10 years of age; or
(2)
Any individual exposing a breast in the process of breastfeeding
an infant under two years of age; or
(3)
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.
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.
No sexually oriented business shall be open for business before 8:00
a.m., Monday through Saturday, or after 10:00 p.m., Monday through Saturday.
A sexually oriented business shall be closed at all times on Sundays and legal
federal or state recognized holidays.
The Township shall enforce any violation of this chapter through a civil
enforcement proceeding before a District Justice. The civil enforcement proceeding
shall be initiated by complaint or by such other means as may be provided
by the Pennsylvania Rules of Civil Procedure. Any person, partnership or corporation
who or which has violated any provision of this chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced by the Township,
pay a judgment of not more than $500 for each violation, plus all court costs
and reasonable attorneys fees incurred by the Township in the enforcement
proceedings. In any case where a penalty for a violation of this chapter has
not been timely paid and the person upon whom the penalty was imposed is found
to have been liable therefor in civil proceedings, the violator shall be liable
for the penalty imposed, including additional daily penalties for continuing
violations, plus court costs and reasonable attorneys fees incurred by the
Township in the enforcement proceedings. A separate violation shall arise
for each day or portion thereof in which a violation is found to exist or
for each section of this chapter which is found to have been violated. Additionally,
the Township shall be exempt from the payment of costs in any civil case brought
to enforce an ordinance in accordance with this section. Further, the Township
or any Township resident or Township property owner may enforce any violation
of this chapter through an equity action brought in the Court of Common Pleas
of the county where the Township is situate. The Court, in its discretion,
may mold the appropriate equitable remedy by way of a preliminary or a permanent
injunction in order to cause compliance with this chapter, in addition to
making appropriate fines, penalties, damages and awarding costs as may be
appropriate by this section.
