Chapter 60 Adult Uses

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; or 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 the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony;

(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.

SPECIFIED SEXUAL ACTIVITIES

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 fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.

Excretory functions as a part of or in connection with any of the activities set forth in Subsections A and B above.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY-ORIENTED BUSINESS

Means and 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.

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 a person possessing the ownership or control.

VIEWING BOOTHS

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 specific sexual activities or specified anatomical areas; or persons who must 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.

§ 60-4 License required; application.

It is unlawful:

For any person to operate a sexually-oriented business without a valid sexually-oriented business license issued by the township pursuant to this article;

For any person who operates a sexually-oriented business 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 article; or

For any person to obtain employment with a sexually oriented business without having secured a sexually-oriented business employee license pursuant to this article

An application for a license must be made on a form provided by the township.

All applicants must be qualified according to the provisions of this article. The application may request and the applicant shall provide such information (including fingerprints) as to enable the township to determine whether the applicant meets the qualifications established in this article.

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 twenty-percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following subsection and each applicant shall be considered a licensee if a license is granted.

The completed application for a sexually-oriented business license shall contain the following information and shall be accompanied by the following documents:

If the applicant is:

(a)

An individual, the individual shall state his/her legal name and 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 name 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, 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 the address of the registered office for service of process.

If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant; he or she must state: the sexually-oriented business' fictitious name and submit the required registration documents.

Whether the applicant or a person residing with the applicant has been convicted of a specified criminal activity as defined in this article and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

Whether the applicant or a person residing with the applicant has had a previous license under this article or other similar sexually-oriented business ordinance from another municipality, state or county 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 article 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.

Whether the applicant or a person residing with the applicant holds any other license under this article or other similar sexually-oriented business ordinance from another municipality, state or county and, if so, the names and locations of such other licensed businesses.

The specific classification of sexually-oriented use for which the applicant is filing.

The location of the proposed sexually-oriented business, including a legal description of the property, street address and telephone number(s), if any.

The applicant's mailing address and residential address.

(9)

A recent photograph of the applicant(s).

(10)

The applicant's driver's license number, Social Security number and his/her state or 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)

A current certificate and straight line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the property to be certified.

(13)

If an applicant wishes to operate a sexually-oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in Subsection E(11) and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.

The application form shall inform the applicant that: separate applications are required for any necessary zoning permits, subdivision and land development approvals or building and occupancy permits and that the applicant may apply for such permits by contacting the Township Zoning Enforcement Officer; and that Department of Labor and Industry approval is required.

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:

The applicant's name or any other name, including stage names or aliases used by the individual.

Age, date and place of birth.

Height, weight, hair and eye color.

Present residence address and telephone number.

Present business address and telephone number.

Date, issuing state and number of driver's license or other identification card information.

Social Security number.

Proof that the individual is at least 18 years of age.

Attached to the application form for a sexually-oriented business employee license as provided above, shall be the following:

A color photograph of the applicant, clearly showing the applicant's face, and the applicant's fingerprints on a form provided by any police department. Any fees for the photographs and fingerprints shall be paid by the applicant.

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, 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.

§ 60-5 Issuance or denial of license; renewal; appeals.

A statement of whether the applicant has been convicted of a specified criminal activity as defined in this article and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

Upon the filing of said application, in a fully completed form, for a sexually-oriented business license or for a sexually-oriented business employee license, the application shall then be referred to the Chief of Police for review and investigation. Any reference in this article to the Chief of Police shall be deemed to also refer to any designee of the Chief of Police. Within 30 days from the date the completed application is filed, the Chief of Police shall issue a license, unless it is determined by the Chief of Police that one or more of the following findings is true:

The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

The applicant is under the age of 18 years.

The applicant has been convicted of a specified criminal activity, as defined in this article.

The sexually-oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation or prohibited by a particular provision of this article.

The applicant has had a sexually-oriented business employee license revoked by the township within two years of the date of the current application. If the sexually-oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 60-11 of this article.

The required application, investigation and license fees have not been paid.

An applicant's license to operate a sexually-oriented business, issued by any jurisdiction, has been revoked within the preceding 12 months.

§ 60-8 Expiration of license; renewal; denial of renewal.

The proposed sexually-oriented business is in violation of or is not in compliance with any of the provisions of this article.

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 article, 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 § 60-6.

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 and the specific classification of sexually-oriented use for which the license is issued. Licenses for sexually-oriented businesses shall state that the sexually-oriented business shall not commence until all necessary zoning, subdivision and land development and/or Building Code approvals and Department of Labor and Industry approvals are obtained. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that they may be easily read at any time.

Applications for building and occupancy permits shall be processed and either denied or approved within 30 days of a complete application by the township.

A sexually-oriented business license shall be issued for the specific classification of sexually-oriented use as permitted by this article and applied for.

A license denial shall conform to the provisions of § 60-10.

Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Commissioners. The Commissioners shall then hold a local agency law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Commissioners may be taken to court, subject to § 60-11.

§ 60-6 Fees.

Every application for a sexually-oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a nonrefundable application and investigation fee in an amount set by resolution of the Board of Commissioners.

In addition to the application and investigation fee required above, every sexually-oriented business that is granted a license (new or renewal) shall pay to the township an annual nonrefundable license fee in an amount set by resolution of the Commissioners within 30 days of license issuance or renewal.

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 in an amount set by resolution of the Board of Commissioners.

All license applications and fees shall be submitted to the office of the township secretary, the application forwarded to the Chief of Police for review and investigation and approval or denial.

§ 60-7 Inspections of premises.

An applicant or licensee shall permit authorized township officials and their agents or consultants to inspect the premises of a sexually-oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

A person who operates a sexually-oriented business or his agent or employee commits a violation of this article if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 60-4. 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.

When the township 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 finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.

§ 60-9 Suspension of license.

The township's Chief of Police shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a licensee has:

Violated or is not in compliance with any provision of this article;

Refused to allow an inspection of the sexually-oriented business premises as authorized by this article; or

Knowingly permitted gambling by any person on the sexually-oriented business premises.

§ 60-10 Revocations of license.

The township's Chief of Police shall revoke a license if a cause of suspension in § 60-9 occurs and the license has been suspended within the preceding 12 months.

The township's Chief of Police shall revoke a license if it is determined that:

A licensee gave false or misleading information in the material submitted during the application process;

A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;

A licensee has knowingly allowed prostitution on the premises;

A licensee knowingly operated the sexually-oriented business during a period of time when the licensee's license was suspended;

A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the license premises; or

§ 60-11 Appeals of denials, suspensions or revocations.

A licensee is delinquent in payment to the township for any licensing fee(s) past due.

When the township revokes a 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, subsequent to revocation, the township finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days has elapsed since the date the revocation became effective.

All license application, renewal, suspension or revocation decisions shall be sent in writing to the applicant or licensee. All such decisions which deny, suspend or revoke a permit shall state specifically the article 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 to the Commissioners, pursuant to the local agency law. The Commissioners will then hold a local agency law hearing 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. Any such appeal must be filed in writing within 10 days from the date of mailing of the decision appealed from. In the case of a denial of a 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 the expiration of the ten-day appeal period without filing of an appeal; or the date of a decision dismissing any appeal.

Any person aggrieved by a decision of the Commissioners may appeal to a court of competent jurisdiction. The township shall, upon filing of such an appeal, consent to any request by a license applicant or licensee to the court to give expedited review to such appeal. The township shall certify any record to the court within 20 days of any request by the court to do so.

§ 60-12 Transfer of license.

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.

§ 60-13 Viewing booths.

A person who operates viewing booths or causes them to be operated shall comply with the following requirements:

Upon application for a sexually-oriented 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 certified that the configuration of the premises has not been altered since it was prepared.

The application shall be sworn to be true and correct by the applicant.

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.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding 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. In addition, all viewing booths shall have at least one side fully open so that all of the area inside the booth is open to the view of persons in the public area of the establishment.

It shall be the duty of the licensee to ensure that the view area specified in this article 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 this section.

No viewing room may be occupied by more than one person at any time.

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.

It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(9)

No licensee shall allow openings of any kind to exist between viewing rooms or booths.

(10)

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

(11)

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

(12)

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(13)

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of or permanently covered by nonporous, easily cleanable materials No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.

A person having a duty under Subsections A(1) through (13) of this section commits a violation of this article if he knowingly fails to fulfill that duty.

§ 60-14 Escort agencies.

An escort agency shall not employ any person under the age of 18 years.

A person commits a violation of this article if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years.

§ 60-15 Nude model studios.

A nude model studio shall not employ any person under the age of 18 years.

A person under the age of 18 years commits a violation of this article if the person appears seminude or in a state of nudity in 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 restroom not open to public view or visible to any other person.

A person commits a violation of this article 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.

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.

§ 60-16 Public nudity.

It shall be a violation of this article for a person to knowingly and intentionally, in a public place to:

Engage in sexual intercourse or to engage in deviate sexual intercourse, as defined by the Pennsylvania Crimes Code; or

Appear in a state of nudity; or

Fondle the genitals of himself, herself or another person.

For purposes of this article, "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 such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied. This section shall not apply to:

Any child under 10 years of age; or

Any individual exposing a breast in the process of breastfeeding an infant under two years of age; or

§ 60-17 Children not to be on premises.

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.

It shall be a violation of this article for a person who knowingly or intentionally, in a sexually-oriented business, appears in a seminude condition unless the person is an employee who, while seminude, shall be at least 10 feet from any patron or customer and on a stage at least two feet from the floor.

It shall be a violation of this article for an employee, while seminude in a sexually-oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is seminude in a sexually-oriented business.

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 a sexually-oriented business.

§ 60-18 Hours of operation.

No sexually-oriented business shall be open for business before 10:00 a.m., Monday through Saturday, or after 12:00 midnight, Monday through Saturday. Sexually-oriented businesses shall be closed at all times on Sundays and legal holidays.

§ 60-19 Exemptions.

It is a defense to prosecution that a person appearing in a state of nudity did so in a modeling class operated:

By a proprietary school, licensed by the Commonwealth of Pennsylvania, a college, junior college or university supported entirely or partly by taxation.

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.