[HISTORY: Adopted by the Council of the Borough of Punxsutawney 9-13-2004
by Ord. No. 1047. Amendments noted where applicable.]
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.
(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.
ADULT ARCADE
ADULT BOOK STORE
ADULT CABARET
(1)
(2)
(3)
ADULT MATERIALS
ADULT MOTEL
(1)
(2)
ADULT MOTION-PICTURE THEATER
ADULT-ORIENTED BUSINESS
ADULT THEATER
ADULT USE
KNOWINGLY
(1)
(2)
NUDE MODEL STUDIO
NUDITY
SPECIFIED ANATOMICAL AREAS
(1)
(2)
(3)
(4)
(5)
SPECIFIED CRIMINAL ACTIVITY
SPECIFIED SEXUAL ACTIVITY
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ENTERTAINMENT BUSINESS
(1)
(2)
(3)
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.
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.
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.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in the state of nudity;
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.
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.
A hotel, motel or similar commercial establishment which:
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
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.
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.
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.
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.
Any use involving specified sexual activity notwithstanding the characterization
of that use by the applicant.
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:
The character and content of any material or performance described herein
which is reasonably susceptible of examination by a licensee or person;
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.
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.
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.
Less than completely and opaquely covered human genitals, pubic region,
buttocks or female breast below a point immediately above the top of the areola.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
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.
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.
The knowing and intentional public appearance of a person in a state
of nudity.
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.
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.
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 use of similar names;
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.
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.
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;
(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.
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.