[Adopted 5-12-1999 by Ord. No. 372]
The Commissioners of the Township of Patterson find:
A. Sexually-oriented businesses have adverse secondary effects,
which secondary effects should be regulated to protect the public health,
safety and welfare. These secondary effects include, but are not limited to,
the spread of communicable diseases, performance of sexual acts in public
places, presence of discarded sexually-oriented materials on public and private
property, sexual harassment, obscenity, prostitution and other illegal sexual
activities, crime and neighborhood deterioration.
B. A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and the operators
of the sexually-oriented businesses. Further, such a licensing procedure will
place a heretofore nonexistent incentive on the operators to see that the
sexually-oriented 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 sexually-oriented business, fully in
possession and control of the premises and activities occurring therein.
C. Removal of doors on viewing booths and requiring sufficient
lighting on premises with viewing booths advances a substantial governmental
interest in discouraging the illegal and unsanitary sexual activity occurring
in adult theaters.
D. Requiring licensees of sexually-oriented businesses to
keep information regarding current employees and certain past employees will
help reduce the incident of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing minors
from working in such establishments.
E. The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance of the
sexually-oriented business limits the adverse secondary effects of such businesses.
F. 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.
G. The fact that an applicant for a sexually-oriented business
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.
H. The barring of such individuals from the management of
sexually-oriented businesses for a period of years serves as a deterrent to
and prevents conduct which leads to the transmission of sexually transmitted
diseases.
I. The general welfare, health and safety of the residents
of the township will be promoted by the enactment of this article.
J. Limitation of operating hours of sexually-oriented business
to 10:00 a.m. to 12:00 midnight, Monday through Saturdays, and closure of
such businesses on Sundays and holidays reduces the adverse secondary effects
of such businesses, including particularly, but not limited to, late night
noise levels, crime and sexually offensive materials and activities in public
areas, and promotes the public health, safety and welfare.
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 or electronically, electrically
or mechanically controlled still or motion-picture machines, projectors, video
or laser disk players or other image-producing devices are maintained, not
located within a viewing booth, 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, ADULT NOVELTY STORE OR ADULT VIDEO STORE
A.
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides, CD
ROM disks or other computer software or other visual representations which
are characterized by the depiction or description of specified sexual activities
or specified anatomical areas; or
B.
Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or other commercial establishment which
regularly features:
A.
Persons who appear in a state of nudity or seminudity; or
B.
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions or visual presentations of any other kind which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions
or visual presentations of any kind are regularly shown which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas.
ADULT THEATER
A theater, concern, hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity or seminudity,
or live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
EMPLOYEE
A person who performs any service on the premises of a sexually-oriented
business on a full-time, part-time or contract basis, whether or not the person
is denominated an employee, independent contractor, agent or otherwise and
whether or not said person is paid a salary, wage or other compensation by
the operator of said business. "Employee" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment on
the premises or for the delivery of goods to the premises.
ESCORT
A person who, for consideration, agrees or offers to act as a companion,
guide or date for another person or who agrees to offer to privately model
lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish
or advertises to furnish escorts as one of its primary businesses for a fee,
tip or other consideration.
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 sexually-oriented business;
C. The addition of any sexually-oriented business to any
other existing sexually-oriented business or to a non-sexually-oriented business;
or
D. The relocation of any sexually-oriented business.
KNOWINGLY
Having general knowledge of or reason to know or a belief or ground
for belief which warrants further inspection or inquiry of both:
E. The character and content of any material or performance
described herein which is reasonably susceptible to examination by a licensee
or person.
F. The age of a 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
Any person in whose name a license to operate a sexually-oriented
business has been issued, as well as the individual listed as an applicant
on the application for license; and, in the case of an employee, a person
in whose name a license has been issued authorizing employment in a sexually-oriented
business.
NUDE MODEL STUDIO
Any place where a person who appears seminude, in a state of nudity
or who displays specified anatomical areas and is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted by
other persons who pay money or any form of consideration. "Nude model studio"
shall not include a proprietary school licensed by the Commonwealth of Pennsylvania
or a college, junior college or university supported entirely or in part by
public taxation; 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 in a structure:
G. That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person is available
for viewing; and
H. Where, in order to participate in class, a student must
enroll at least three days in advance of the class; and
I. Where no more than one nude or seminude model is on the
premises at any one time.
NUDITY OR A STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva,
anus, anal cleft or cleavage with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of any part of
the nipple; or the showing of the covered male genitals in a discernibly turgid
state.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes offers, for any form of consideration:
J. Physical contact in the form of wrestling or tumbling
between persons of the opposite sex; or
K. Activities between male and female persons and/or persons
of the same sex when one or more of the persons is in a state of nudity or
seminudity.
SEXUALLY-ORIENTED BUSINESS
Any adult arcade, adult bookstore, adult novelty store, adult video
store, adult cabaret, adult motion-picture theater, adult theater, escort
agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s) below
a point immediately above the tip of the areola or human male genitals in
a discernibly turgid state, even if completely covered.
SPECIFIED CRIMINAL ACTIVITY
(1)
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.
(2)
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.
L. The fondling or other erotic touching of human genitals,
pubic region, buttocks, anus or female breasts.
M. Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation or sodomy.
N. 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:
(1)
The sale, lease or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means.
(3)
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.
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:
A. Violated or is not in compliance with any provision of
this article;
B. Refused to allow an inspection of the sexually-oriented
business premises as authorized by this article; or
C. Knowingly permitted gambling by any person on the sexually-oriented
business premises.
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.
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.
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.