The defined terms as contained in Chapter
84, titled, "Zoning," §
84-8 are hereby adopted by reference in this chapter. As used in this chapter, the following words and phrases shall have the meanings given to them in this subsection:
COMMUNITY
For the purpose of applying the contemporary community standards
in this chapter, "community" means "the state."
HARMFUL TO MINORS
That quality of any description or representation, in whatever form,
of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when
it:
A.
Predominantly appeals to the prurient, shameful or morbid interest of
minors;
B.
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for minors; and
C.
Taken as a whole, lacks serious literary, artistic, political, educational
or scientific value for minors.
KNOWING
Having general knowledge of, reason to know or belief or ground for
belief which warrants further inspection or inquiry of the character and content
of any material or performance described therein which is reasonably susceptible
of examination by the person charged with violation of this chapter.
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.
MATERIAL
Any literature, including any book, magazine, pamphlet, newspaper,
story paper, bumper sticker, comic book or writing, or any figure, visual
representation or image, including any drawing, photograph, picture, videotape
or motion picture.
MINOR
Any person under 18 years of age.
OBSCENE
Any material or performance if:
A.
The average person applying contemporary community standards would find
that the subject matter taken as a whole appeals to the prurient interest;
B.
The subject matter depicts or describes, in a patently offensive way,
sexual conduct of a type described in this chapter; and
C.
The subject matter, taken as a whole, lacks serious literary, artistic,
political, educational or scientific value.
PERFORMANCE
Any play, dance or other live exhibition performed before an audience.
SADOMASOCHISTIC ABUSE
In a sexual context, flagellation or torture by or upon a person
who is nude or clad in undergarments, a mask or in a bizarre costume, or the
condition of being fettered, bound or otherwise physically restrained on the
part of one who is nude or so clothed.
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate sexual
acts, normal or perverted, actual or simulated, including sexual intercourse,
anal or oral sodomy and sexual bestiality; and, patently offensive representations
or descriptions of masturbation, excretory functions, sadomasochistic abuse
and lewd exhibitions of the genitals.
SEXUAL EXCITEMENT
The condition of human male or female genitals when is a state of
sexual stimulation or arousal.
SPECIFIED CRIMINAL ACTIVITY
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; indecency with a child; engaging
in organized criminal activity; sexual assault; molestation of a child; gambling;
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:
A.
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;
B.
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
C.
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 application or a person residing with the applicant.
TRANSFER OF OWNERSHIP OR CONTROL
When referring to an adult entertainment business, such term shall
mean and include 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.
TRANSPORTATION FACILITY
Any conveyance, premise or place used for or in connection with public
passenger transportation, whether by air, rail, motor vehicle or any other
method, including aircraft, watercraft, railroad cars, buses and air, boat
railroad and bus terminals and stations.
The Township 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 chapter;
B. Refused to allow an inspection of the adult entertainment
business premises as authorized by this chapter; 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 who operates or causes to be operated an adult entertainment
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:
A. Upon application for an adult entertainment 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.
B. The application shall be sworn to be true and correct
by the applicant.
C. No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Township.
D. 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.
E. 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 the 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 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.
F. It shall be the duty of the licensee to ensure that the view area required in Subsection
E above 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 of this section.
G. No viewing room may be occupied by more than one person
at any time.
H. 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 that 5.0 footcandles as
measured at the floor level. It shall be the duty of the licensee to ensure
that the illumination required herein is maintained at all times that any
patron is present in the premises.
I. The licensee shall cause all floor coverings in viewing
booths to be nonporous, easily cleanable surfaces with no rugs or carpeting.
J. 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.
It shall be unlawful for a person to knowingly allow 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 9:00 a.m. on weekdays and Saturdays and 1:00 a.m.
and 12:00 noon on Sundays.
Any person who shall violate the provisions of this chapter shall, upon
a finding of guilt in a civil action before any District Justice, pay a fine
not to exceed $1,000, attorney fees and costs of suit.