Borough of Punxsutawney, PA
Jefferson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Punxsutawney 9-13-2004 by Ord. No. 1047. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and business regulations — See Ch. 157.
Noise — See Ch. 165.
Obscenity — See Ch. 168.
Zoning — See Ch. 235.
A. 
Purpose.
(1) 
Pursuant to the authority granted by the Municipal Code to prohibit nuisances, to promote the health, cleanliness, comfort and safety of the citizens of the Borough of Punxsutawney, and to regulate the hours of operation, the Borough of Punxsutawney enacts this chapter to minimize and control the negative and adverse effects of adult entertainment businesses in order to protect the health, safety and welfare of the citizens of Punxsutawney, protect the citizens of Punxsutawney from increased crime, preserve the quality of life, preserve the property values and character of surrounding neighborhoods, and deter the spread of blight.
(2) 
The Borough Council has determined that location criteria alone does not adequately protect the health, safety and general welfare of the citizens of the Borough, and that licensing is a legitimate and reasonable means of accountability to insure that operators of adult entertainment businesses comply with reasonable regulations and to insure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
(3) 
The Borough Council does not intend this chapter to suppress any speech activities protected by law, but intends to enact a content-neutral chapter which addresses the secondary effects of adult entertainment businesses.
B. 
Findings. The Borough Council finds:
(1) 
That it is well known that adult entertainment businesses may adversely affect the quality of life in the municipalities in which they are located and it adopts by reference the descriptions of adverse secondary effects of adult entertainment businesses set forth in numerous articles, hearings and reports available to the general public throughout Pennsylvania and the United States.
(2) 
The finding noted in Subsection B(1) above raises substantial governmental concerns.
(3) 
Adult entertainment businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(4) 
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 adult entertainment businesses are run in a manner consistent with the health, safety and welfare of their patrons and employees, as well as the citizens of the Borough. It is appropriate to require reasonable assurances that a licensee is the actual operator of the adult entertainment business, fully in possession and knowledgeable control of the premises and activities occurring therein.
(5) 
The removal of doors on booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity which may occur in adult theaters.
(6) 
Requiring licensees of adult entertainment businesses to keep information regarding current employees and certain past employees will help reduce the incidences of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
(7) 
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.
(8) 
It is in the best interest of the community and for 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 chapter is designed to prevent or who are likely to be witnesses to such activity.
(9) 
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 may be likely to engage in that conduct in contravention of this chapter. 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.
(10) 
The general welfare, health and safety of the citizens of the Borough of Punxsutawney will be promoted by the enactment of this chapter.
A. 
As used in this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning.
B. 
The defined terms in Borough Ordinance Number 1046[1] enacted simultaneously with this chapter are hereby adopted by reference as if fully set forth herein.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, 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 depicting or describing specified sexual activities or specified anatomical areas.
ADULT BOOK STORE
A commercial establishment having a substantial or significant portion of its stock in trade including books, magazines, photographs or other materials, which are distinguished and characterized by depicting, describing or relating to the specified sexual activities or specified anatomical areas defined herein or an establishment with a segment or section devoted to the sale or display of such material.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) 
Persons who appear in the state of nudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
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.
ADULT MATERIALS
Includes, but is not limited to, any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, article, computer or other image, motion picture, mechanical device, instrument, clothing or any other writing, material or accessory that is distinguished or characterized by its emphasis on matter depicted, described or related to specific sexual acts or specific anatomical areas defined herein, or an establishment with a segment or section exclusively devoted to the sale, lease, gift, trade, or display of such materials or of any drug paraphernalia.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, 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 has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(2) 
Offers sleeping rooms for rent four or more times in one calendar day during five or more calendar days in any continuous thirty-day period.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT-ORIENTED BUSINESS
Includes, but is not limited to, an adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, establishment, nude model studio, sexual encounter center, sexually oriented business or any other adult-oriented business as defined by the law of the Commonwealth of Pennsylvania. Adult-oriented businesses shall also mean and include any massage parlor, nightclub, bar, tavern, restaurant, eating and drinking establishment, arcade, theater, motel, hotel or any other establishment that regularly features for economic gain or other consideration, entertainment in any form that which is characterized by nudity or the depiction or display of sexual activities. The use of a building, structure or property or part thereof, for businesses that have adult materials in a section or segment devoted for such materials or a substantial significant portion of its stock and trade for the purposes of sale, lease, trade or display of such adult materials is included herein.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
ADULT USE
Any use involving specified sexual activity notwithstanding the characterization of that use by the applicant.
KNOWINGLY
Having general knowledge of, or reason to know or should have known, or a belief or ground for belief which warrants further inspection or inquiry of both:
(1) 
The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or person;
(2) 
As to the age of a minor, a mistake shall constitute an exception to liability hereunder if the licensee or person made a reasonable bona fide attempt to ascertain the true age of such minor.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for any form of consideration, except when such place has no sign visible from the exterior of the structure that indicates a nude person is available for viewing.
NUDITY
The showing of the human male or female genitals, pubic area, buttocks, anus, any part of the nipple or any part of a female breast below a point immediately above the top of the areola with less than a fully opaque covering.
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) 
No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level audible beyond the walls of the building in which the business is located.
(4) 
Public appearance by a person knowingly or intentionally engaged in sexual intercourse, deviate sexual conduct or the fondling of the genitals of himself or another person, or the fondling of female breasts.
(5) 
The knowing and intentional public appearance of a person in a state of nudity.
SPECIFIED CRIMINAL ACTIVITY
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; any offense resulting in a Megan's Law registration; gambling; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of the Commonwealth of Pennsylvania, other states or countries, for which less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, or the date of termination of probation or parole, whichever is the later date, if the conviction is a misdemeanor offense; or less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, or the date of termination of probation or parole, whichever is the later date, if the conviction is of a felony offense; or less than five years have elapsed since the date of the last convictions or the date of release from confinement imposed for the last convictions, or the date of termination of probation or parole, 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. The fact that a conviction is being appealed shall not stay the application process.
SPECIFIED SEXUAL ACTIVITY
Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast and includes, but is not limited to, sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation, sodomy, human masturbation, actual or simulated and excretory functions as part of or in connection with any of the activities herein.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ENTERTAINMENT BUSINESS
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 use of similar names;
(3) 
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.
[1]
Editor's Note: See Ch. 168, Obscenity.
A. 
It is unlawful:
(1) 
For any person to operate an adult entertainment business without a valid adult entertainment business license issued by the Borough pursuant to this chapter;
(2) 
For any person who operates an adult entertainment business to employ a person to work for the adult entertainment business who is not licensed as an adult entertainment business employee by the Borough pursuant to this chapter; or
(3) 
For any person to obtain employment with an adult entertainment business without having secured an adult entertainment business employee license pursuant to this chapter.
B. 
An application for a license must be made on a form provided by the Borough.
C. 
All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the Borough to determine whether the applicant meets the qualifications established in this chapter.
D. 
If a person who wishes to operate an adult entertainment business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section, and each applicant shall be considered a licensee if a license is granted.
E. 
The completed application for an adult entertainment business license shall contain the following information and shall be accompanied by the following comments.
(1) 
If the applicant is:
(a) 
An individual, the individual shall state his/her legal name and any 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 names 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.
(2) 
If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, he or she must state the fictitious name of the business and submit the required registration documents.
(3) 
Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, jurisdiction and status of each.
(4) 
Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar adult entertainment business ordinance from any other municipality denied, suspended or revoked, including the name and location of the adult entertainment 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 chapter whose license has previously been denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) 
A statement detailing the adult business 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, 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.
(6) 
Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar adult entertainment business ordinance from any other municipality and, if so, the names and locations of such other licensed businesses.
(7) 
The specific classification of adult entertainment use license for which the applicant is filing.
(8) 
The location of the proposed adult entertainment business, including a legal description of the property, street address, and telephone number(s), if any.
(9) 
The applicant's mailing address and residential address.
(10) 
The applicant's driver's permit or license number, social security number, and/or his/her state or federally issued tax identification number.
(11) 
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.
(12) 
A certified copy of his or her child abuse clearance.
(13) 
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.
(14) 
A current certification and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines, the property to be certified and the locations of the various entities set forth in § 71-11.
F. 
Before any applicant may be issued an adult entertainment business employee license, the applicant shall submit on a form to be provided by the Borough the following information:
(1) 
The applicant's name or any other name (including stage names) or aliases used by the individual;
(2) 
Age, date, and place of birth;
(3) 
Height, weight, hair and eye color;
(4) 
Present residence address or telephone number;
(5) 
Present business address and telephone number;
(6) 
Date, issuing state and number of driver's license or other identification card information;
(7) 
Social security number;
(8) 
Proof that the individual is a least 18 years of age;
(9) 
A recent photograph of the applicant; and
(10) 
A certified copy of his or her criminal history and child abuse clearance.
A. 
Upon the filing of said fully completed application for an adult entertainment business employee license, the Borough shall issue a temporary license to said applicant. The application shall then be referred to the appropriate Borough official and/or consultant for an investigation to be made on such information as is contained on the application. The application process shall be completed within 30 days from the date the completed application is filed. After the investigation, the Borough shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) 
The applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form;
(2) 
The applicant is under the age of 18 years;
(3) 
The applicant has been convicted of a specified criminal activity as defined in this chapter;
(4) 
The adult entertainment 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 chapter; or
(5) 
The applicant has had an adult entertainment business employee license revoked by the Borough within two years of the date of the current application. If the adult entertainment business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation or a license issued pursuant to this subsection shall be subject to appeal as set forth in § 71-9.
B. 
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 Borough that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which should be grounds to deny the license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 71-5.
C. 
Within 30 days after receipt of a complete adult entertainment business application, the Borough shall approve or deny the issuance of a license to an applicant. The Borough shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) 
An applicant is under 18 years of age;
(2) 
An applicant or a person with whom the applicant is residing is overdue in payment to the Borough of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business;
(3) 
An 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;
(4) 
An applicant or a person with whom the applicant is residing has been denied a license by the Borough to operate an adult entertainment business within the preceding 12 months or whose license to operate an adult entertainment business has been revoked within the preceding 12 months;
(5) 
An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter;
(6) 
The premises to be used for the adult entertainment business has not been approved by the Fire Marshal or the Building Official as being in compliance with applicable laws or ordinances.
(7) 
The license fee required by this chapter has not been paid.
(8) 
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
D. 
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 adult entertainment business and the specific classification of adult entertainment use for which the license is issued. All licenses shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that they may be easily read at any time.
E. 
The Fire Marshal and the Building Official shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the Borough.
F. 
An adult entertainment business license shall issue for the specific classification of adult entertainment use as permitted by ordinance and applied for.
A. 
Every application for an adult entertainment business license (whether for a new license or for renewal of an existing license) shall be accompanied by a $1,500 nonrefundable application and investigation fee.
B. 
In addition to the application and investigation fee required above, every adult entertainment business that is granted a license (new or renewal) shall pay to the Borough an annual nonrefundable license fee of $750 within 30 days of license issuance or renewal.
C. 
Every application for an adult entertainment business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual $250 nonrefundable application, investigation and license fee.
D. 
All license applications and fees shall be submitted to the Borough Manager of the Borough.
A. 
An applicant or licensee shall permit representatives of the Borough, including the Fire Marshal, Zoning Officer, or other official and/or consultant, to inspect the premises of an adult entertainment business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
B. 
A person who operates an adult entertainment business or his agent or employee commits a violation of this chapter if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
A. 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided herein. 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.
B. 
When the Borough 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 Borough 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 of denial became final.
The Borough 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 chapter;
B. 
Refused to allow an inspection of an adult entertainment business premises as authorized by this chapter; or
C. 
Knowingly permitted gambling, the use of beer or alcoholic beverages, or any other violation of the Pennsylvania Crimes Code, Liquor Code or Borough Code by any person on the adult entertainment business premises.
A. 
The Borough shall revoke a license if a cause of suspension in § 71-8 occurs and the license has been suspended within the preceding 12 months.
B. 
The Borough shall revoke a license if it determines that:
(1) 
A licensee gave false or misleading information in his/her material submitted during the application process;
(2) 
A licensee has knowingly allowed possession use, or sale of controlled substances, beer or alcohol on the premises;
(3) 
A licensee has knowingly allowed prostitution or other sex crimes to occur on the premises;
(4) 
A licensee knowingly operated the adult entertainment business during a period of time when the licensee's license was suspended;
(5) 
A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licenses premises; or
(6) 
A licensee is delinquent in payment to the Borough, county or state in any taxes or fees past due.
C. 
When the Borough revokes a license, the revocation shall continue for one year, and the licensees shall not be issued an adult entertainment business license for one year from the date the revocation became effective. If, subsequent to revocation, the Borough finds that the basis for revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
D. 
After denial of an application, or denial of a renewal of an application, or suspension or revocation or any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
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. 
A person commits a violation of this chapter if the person operates or causes to be operated an adult entertainment business within 1,000 feet of:
(1) 
A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) 
A public or private educational facility including, but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, culinary schools, special education schools, junior colleges, and universities; "school" includes the school grounds.
(3) 
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth of Pennsylvania;
(4) 
Any other adult entertainment use;
(5) 
A boundary of any residential district as defined in the Punxsutawney Borough Zoning Code[1];
[1]
Editor's Note: See Ch. 235, Zoning.
(6) 
A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness area, or other similar public land within the Borough;
(7) 
Any courtroom, building housing an office of a District Justice or other court, government building, whether owned or leased by that governmental unit, community center, social center, museum, fire station, police station or other public building; or
(8) 
An entertainment business which is oriented primarily towards children or family entertainment.
B. 
A person commits a violation of this chapter if the person operates or causes to be operated an adult entertainment business within 400 feet of U.S. Route 119, State Route 36, State Route 310 or State Route 436.
C. 
A person commits a violation of this chapter if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of an adult entertainment business within 1,000 feet of another adult entertainment use.
D. 
A person commits a violation of this chapter if that person causes or permits the operation, establishment, or maintenance of more than one adult entertainment business in the same building, structure, or portion thereof, or the increase of floor area of any adult entertainment business in any building; structure or portion thereof containing another adult entertainment business.
E. 
Measurements of distance shall be made in a straight line, without regard to the intervening structures or objects, from the nearest property line of the protected premises where an adult entertainment business is conducted to the nearest property line of the premises listed herein. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for the purposes of calculating and applying the distance requirements of this subsection.
F. 
For purposes of this subsection, the distance between any two adult entertainment businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the nearest property lines of the tract of land on which each business is located.
A. 
A person who operates or causes to be operated an adult entertainment business, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, videocassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
(1) 
Upon application for an adult entertainment 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 Borough may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
The application shall be sworn to be true and correct by the applicant.
(3) 
No alteration in the configuration of location of a manager's station may be made without prior approval of the Borough.
(4) 
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.
(5) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding rest rooms. Rest rooms 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.
(6) 
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(5) 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 Subsection A(1) of this section.
(7) 
No viewing room may be occupied by more than one person at any time.
(8) 
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 5.0 footcandles as measured at the color level.
(9) 
It shall be the duty of the licensees to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(10) 
No licensee shall allow openings of any kind to exist between viewing rooms or booths.
(11) 
No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(12) 
The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings of holes exist.
(13) 
The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) 
The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
B. 
A person having a duty under Subsection A commits a violation of this chapter if he knowingly fails to fulfill that duty.
A. 
An escort agency shall not employ any person under the age of 18 years.
B. 
A person commits a violation of this chapter if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years.
A. 
A nude model studio shall not employ any person under the age of 18 years.
B. 
A person under the age of 18 years commits a violation of this chapter if the person appears seminude or in a state of nudity in or on the premises of a nude model studio.
C. 
A person commits a violation of this chapter 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.
D. 
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.
A. 
It shall be a violation of this chapter for a person to knowingly and intentionally, in an adult entertainment business, appear in a state of nudity or depict specified sexual activities.
B. 
It shall be a violation of this chapter for a person to knowingly or intentionally, in an adult entertainment business, appear 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.
C. 
It shall be a violation of this chapter for an employee, while seminude in an adult entertainment business, to solicit any pay or gratuity from any patron or customer to pay or for any patron or customer to pay or give any gratuity to any employee while said employee is seminude in an adult entertainment business.
A person commits a violation of this chapter if the person knowingly allows a person under the age of 18 years on the premises of an adult entertainment business.
Hours of operation for adult-oriented businesses shall be from 11:00 a.m. to 11:00 p.m., Monday through Saturday. No adult-oriented business shall be open on Sundays.
It is a defense to prosecution that a person appearing in a state of nudity did so in a modeling call operated:
A. 
By a 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 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.
Any person, entity or corporation violating any provision of this chapter or the rules and regulations approved and hereinafter adopted shall, upon summary conviction before any District Justice, pay a fine not exceeding $600 and costs of prosecution; the violator also may be sentenced to the Jefferson County jail for a term of not more than 30 days. Whenever such person shall have been officially notified by the Borough or by the service of a summons in a prosecution or in any other official manner that he is committing a violation of this chapter or the rules and regulations approved and hereinafter adopted, each day that he shall continue such violation after such notification shall be treated as a separate violation.