This chapter shall be known as the "Lower Allen
Township Sexually Oriented Businesses Ordinance, 1999."
It is the purpose of this chapter to regulate sexually oriented businesses in order to protect the health, safety, morals and general welfare of the citizens of Lower Allen Township ("Township") and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Township. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. The adjudication of the Board in the matter of amending, changing and modifying the Code of the Township of Lower Allen, 1997, by repealing Chapter 58, Adult Bookstores, by adding Chapter
59, Sexually Oriented Businesses, amending Chapter
220, Zoning, by dispersing sexually oriented businesses and limiting them to specific zoning districts, prescribing definitions of sexually oriented businesses and regulation of sexually oriented businesses, shall be incorporated herein by reference as though fully set forth herein and made a part of this chapter and the Ordinance Book with respect to this chapter.
The following words and phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except where the context or language clearly indicates or requires
a different meaning:
EMPLOYEE
A person who works or performs in and/or for a sexually oriented
business, regardless of whether or not said person is paid a salary,
wage or other compensation by the operator of said business.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually
oriented business as a new business;
B.
The conversion of an existing business, whether
or not a sexually oriented business, to any of the sexually oriented
businesses defined in this chapter;
C.
The addition of any of the sexually oriented
businesses defined in this chapter to any other existing sexually
oriented business; or
D.
The relocation of any such sexually oriented
business.
NUDITY or STATE OF NUDITY
A.
The appearance of human bare buttock, anus,
male genitals, female genitals or the areola or nipple of the female
breast;
B.
A state of dress which fails to opaquely and
fully cover a human buttocks, anus, male or female genitals, pubic
region or areola or nipple of the female breast; or
C.
The showing of the covered male genital in a
discernible turgid state.
OPERATOR
Includes the owner, permit holder, custodian, manager, operator
or person in charge of any permitted or licensed premises.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PUBLIC BUILDING
Any building owned, leased or held by the United States,
the state, the county, the Township, any special district, school
district or any other agency or political subdivision of the state
or the United States, which building is used for governmental purposes.
PUBLIC PARK or RECREATION AREA
Public land which has been designated for park or recreational
activities, including but not limited to a park, playground, nature
trails, swimming pool, reservoir, athletic field, basketball or tennis
courts, pedestrian/bicycle paths, open space, wilderness areas or
similar public land within the Township which is under the control,
operation or management of the Township park and recreation authorities.
RELIGIOUS INSTITUTION
Any church, synagogue, mosque, temple or building which is
used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT OR USE
R-1 Single-Family Established Residential District, R-2 Single-Family Rural Residential District, MUN Mixed Use Neighborhood District, and R-3 Multifamily Residential District or any type of dwelling, family care facility, manufactured home park, campground, subdivision or land development designed and planned for residential use as defined in Chapter
220, Zoning.
[Amended 9-14-2009 by Ord. No. 2009-13]
SCHOOL
Any public or private educational facility, including but
not limited to child day care facilities, nursery schools, preschools,
kindergartens, elementary schools, primary schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges and universities. "School" includes the school grounds
but does not include the facilities used primarily for another purpose
and only incidentally as a school.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae and nipple of the female breast,
as well as portions of the body covered by supporting straps or devices.
SEXUALLY ORIENTED BUSINESSES
Those businesses defined as follows:
A.
ADULT ARCADEAn establishment where, for any form of consideration, one or more still- or motion-picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
B.
(1)
A commercial establishment which has as a significant
or substantial portion of its stock-in-trade or derives a significant
or substantial portion of its revenues or devotes a significant or
substantial portion of its interior business or advertising to the
sale or rental for any form of consideration of any one or more of
the following:
(a)
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, videocassettes, slides
or other visual representations which are characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas.
(b)
Instruments, devices or paraphernalia which
are designed for use or marketed primarily for stimulation of human
genital organs or for sadomasochistic use or abuse of themselves or
others.
(2)
An establishment may have other principal business
purposes that do not involve the offering for sale, rental or viewing
of materials depicting or describing specified sexual activities or
specified anatomical areas and still be categorized as an adult bookstore,
adult novelty store or adult video store. Such other business purposes
will not serve to exempt such establishments from being categorized
as an adult bookstore, adult novelty store or adult video store so
long as one of its principal business purposes is offering for sale
or rental, for some form of consideration, the specified materials
characterized by an emphasis on depicting or a description which depicts
or describes specified sexual activities or specified anatomical areas.
C.
ADULT CABARETA nightclub, bar, restaurant bottle club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude or in a state of nudity or seminude; live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
D.
ADULT MOTELA motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertise the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television, or offers a sleeping room for rent for a period of time less than 10 hours, or allows a tenant or occupant to subrent the sleeping room for a time period of less than 10 hours.
E.
ADULT MOTION-PICTURE THEATERA commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
F.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by an emphasis on exposure of specified anatomical areas or by specified sexual activities.
G.
ESCORTA person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
H.
ESCORT AGENCYA person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
I.
MASSAGE PARLORAny place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment manipulation of the human body which occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation or service related thereto, exposes his or her specified anatomical areas. The definition of "massage parlor" shall not include the practice of massage therapy as defined by Act 118 of 2008, known as the "Massage Therapy Law."
[Amended 6-29-2009 by Ord. No. 2009-11; 5-9-2011 by Ord. No.
2011-05]
J.
NUDE MODEL STUDIOAny place where a person who regularly appears in a state of nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.
K.
SEXUAL ENCOUNTER ESTABLISHMENTA business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more of the persons is in a state of nudity or seminudity. The definition of "sexually oriented businesses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS
As used in this chapter, includes any of the following:
A.
Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus or female breasts below a point
immediately above the top of the areola; or
B.
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
As used in this chapter, includes any of the following:
A.
The fondling or other intentional touching of
human genitals, the pubic region, buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Human genitals in a state of sexual stimulation,
arousal or tumescence.
E.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
D of this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes 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.
C.
The establishment of a trust, gift or other
similar legal devise which transfers ownership or control of the business
except for transfer by bequest or other operation of law upon the
death of a person possessing ownership or control.
[Amended 9-14-2009 by Ord. No. 2009-13]
A. The establishment of a sexually oriented business
shall be permitted only in the C-3 Business Park District, C-4 Regional
Commercial District, and I-3 Industrial/Commercial District and shall
be subject to the following regulations. No person shall cause or
permit the establishment of any of the following sexually oriented
businesses, as defined above and hereinafter classified, within 750
feet of another such business or within 1,000 feet of any religious
institution, school, boys' club, girls' club or similar existing youth
organization or public park or public building, or within 500 feet
of any property zoned for residential district and use or used for
residential purposes. When a limited-access highway or railroad right-of-way
is situated between a proposed sexually oriented business and a use
from which an isolation distance is required, the distance will terminate
at the edge of the highway or railroad right-of-way that is farthest
from the proposed sexually oriented business location.
(2) Adult bookstore, adult novelty store or adult video
store;
(5) Adult motion-picture theater;
(8) Sexual encounter establishment;
B. Nothing in this section prohibits the location of sexually oriented businesses within retail shopping centers in the C-4 Regional Commercial Districts where such activities will have their only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, religious institutions, boys' clubs, girls' clubs or similar existing youth organizations, public buildings or residential districts or uses without regard to the distance requirements of Subsection
A above.
As regarding §
59-4A, distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, public or private elementary or secondary school, boys' club, girls' club or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest point of the property line of the premises where the sexually oriented business is conducted, to the nearest point of the property line of the premises of any religious institution, public or private elementary or secondary school, boys' club, girls' club or similar existing youth organization, or public park or public building or any properties zoned for residential district or use or used for residential purposes.
Chapter
220, Zoning, requires that sexually oriented businesses shall be permitted only as provided in §
59-5, in which such uses are listed as permissible. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in §
59-9 of this chapter. In addition, any sexually oriented business shall be subject to the following restrictions:
A. A person commits a violation of this chapter if he operates or causes to be operated a sexually oriented business without a permit, except as provided in §
59-4.
B. A person commits a violation of this chapter if he operates or causes to be operated a sexually oriented business within 1,000 feet of any religious institution, any school, a public park adjacent to any residential district and use, or a boys' or girls' club, or similar existing youth organization, except as provided in §
59-4B.
C. A person commits a violation of this chapter if he operates or causes to be operated a sexually oriented business within 750 feet of another such business, which will include any adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, massage parlor or any sexual encounter establishment, except as provided in §
59-4B.
D. A person commits a violation of this chapter if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business within the same building, structure or portion thereof, except as provided in §
59-4B, or causes the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
E. A person commits a violation of this chapter if he
operates or causes to be operated a sexually oriented business within
500 feet of any property zoned for residential district and use or
used for residential purposes.
F. It is a defense to prosecution under this section
if a person appearing in a state of nudity did so in a modeling class
operated:
(1) By a proprietary school, licensed by the Commonwealth
of Pennsylvania, a college, junior college or university supported
entirely or partly by taxation;
(2) 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
(3) In a structure:
(a)
Which has no sign visible from the exterior
of the structure and no other advertising that indicates a nude person
is available for viewing;
(b)
Where, in order to participate in a class a
student must enroll at least three days in advance of the class; and
(c)
Where no more than one nude model is on the
premises at one time.
A person who operates or causes to be operated
a sexually oriented business without having a valid license due to
locational restrictions is subject to a suit for injunction as well
as prosecution for a summary offense. If an injunction must be sought,
attorneys' fees and costs will be assessed at the discretion of the
court against the sexually oriented business. Each day a sexually
oriented business so operates is a separate offense or violation.
It is the purpose of this chapter to regulate
sexually oriented businesses to promote the health, safety, morals
and general welfare of the citizens of the Township and to establish
reasonably and uniform regulations to prevent deleterious effects
of sexually oriented businesses within the Township. The provisions
of this chapter have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials,
including sexually oriented materials. Similarly, it is not the intent
nor effect of this chapter to restrict or deny access by adults to
sexually oriented materials protected by the First Amendment, or to
deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent or
effect of this chapter to in any way condone or legitimize the distribution
of obscene materials or harmful materials to minors.
The annual fee for a sexually oriented business
permit shall be determined from time to time by resolution of the
Board of Commissioners.