As used in this article the following words and phrases shall have the
meanings indicated unless the context clearly indicates a different meaning:
ADULT ARCADE
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 distinguished or characterized by the depicting
or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE
A.
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:
(1)
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
(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 adult bookstore, adult novelty store 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.
KNOWINGLY
Having general knowledge of or reason to know, or a belief or ground
for belief which warrants further inspection or inquiry of both:
A.
The character and content of any material or performance described herein
which is reasonably susceptible of examination by a licensee or person; and
B.
The age of the 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.
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.
SPECIFIED CRIMINAL ACTIVITY
A.
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; 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:
(1)
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;
(2)
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
(3)
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.
B.
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.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ENTERTAINMENT 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; 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.
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 1:00 a.m.
and 12:00 p.m. on Sundays.
It is a defense to prosecution under §
46-23 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, 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 party 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.
(2) Where, in order to participate in a class a student must
enroll at least three days in advance of the class.
(3) Where no more than one nude model is on the premises
at any one time.