The Board of Supervisors finds:
A. And it adopts by reference the adverse secondary effects
of adult entertainment businesses presented in hearings and in reports and
adopted as part of Township Ordinance No. 200, enacted November 7, 1995.
B. That the finding noted in Subsection
A above raises substantial governmental concerns.
C. That adult entertainment businesses have operational
characteristics which should be reasonably regulated in order to protect those
substantial governmental concerns.
D. That a reasonable licensing procedure is an appropriate
mechanism to place the burden of that reasonable regulation on the owners
and the operators of the adult entertainment businesses. Further, such a licensing
procedure will place a heretofore nonexistent incentive on the operators to
see that the adult entertainment 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 adult entertainment business,
fully in possession and control of the premises and activities occurring therein.
E. That the 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.
F. That requiring licensees of adult entertainment 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.
G. That the disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance of the
adult entertainment 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.
H. That 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 article is designed
to prevent or who are likely to be witnesses to such activity.
I. That the fact that an applicant for an adult 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 article.
J. That the barring of such individuals from the management
of adult uses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
K. That the general welfare, health and safety of the citizens
of the township will be promoted by the enactment of this article.
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 article;
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 between
1:00 a.m. and 12:00 p.m. on Sundays.
It is a defense to prosecution under §
70-24 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 or 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;
and
(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.
[Amended 12-3-1996 by Ord. No. 206]
A. Any person who shall violate any provision of this article
or who permits the violation of any provision of this article shall pay a
fine of $600.
B. Each violation for each separate day and each violation
of any provision of this article shall constitute a separate and distinct
violation.
C. Any person who violates or permits the violation of any
provision of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Concord Township, pay the fine prescribed
by this article, plus all court costs, including reasonable attorney fees,
incurred by Concord Township.
D. Enforcement of this article shall be the responsibility of the Township Manager, Zoning Officer, Building Inspector, Plumbing Inspector or Fire Marshal, as appropriate, who shall follow the enforcement procedure set forth in Chapter
1, General Provisions, Article
II, Violations and Penalties.