[HISTORY: Adopted by the Borough Council of the Borough of Trafford 1-11-2000
by Ord. No. 673. Amendments noted where applicable.]
The Council of the Borough of Trafford hereby incorporates the Preamble
to this chapter as if the same were more fully set forth herein.[1] It is the purpose of this chapter to regulate sexually oriented
businesses to promote the health, safety and general welfare of the citizens
of the Borough of Trafford and to establish reasonable and uniform regulations
of sexually oriented businesses within the Borough of Trafford to prevent
the continued deleterious location and concentration of sexually oriented
businesses within the Borough of Trafford. The provisions of this chapter
have neither the purpose nor the effect of imposing a limitation or restriction
on the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent nor the effect of this chapter
to restrict or deny access by adults to sexually oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. Neither is it
the intent of this chapter nor the effect of this chapter to condone or legitimize
the distribution of obscene material or sexually oriented adult entertainment.
[1]
Editor's Note: The Preamble to Ord. No. 673 is on file in the
borough offices.
For the purpose of this chapter, the words and phrases set forth below
shall have the meanings respectfully ascribed to them:
A human being who has attained the legal age of 18.
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 person 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.
A commercial establishment which, as one of its principal business purposes,
offers for sale or rental for any form of consideration any one or more of
the following: books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides or other
visual representations which depict or describe specified sexual activities
or specified anatomical areas; or instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical area and
still be categorized as "adult bookstore" or "adult video store." Such other
business purposes will not serve to exempt such commercial establishment from
being categorized as an "adult bookstore" or "adult video store" so long as
one of its principal business purposes is the offering for sale or rental
for consideration the specified materials which depict or describe specified
sexual activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features persons who appear in the sate of nudity; or 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.
An exhibition of any sexually oriented motion pictures, meaning those
distinguished or characterized by an emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas.
A live performance, display or dance of any type which has as a significant
or substantial portion of the performance any actual or simulated performance
of specified sexual activities or exhibition and viewing of specified anatomical
areas, removal of articles of clothing or appearing unclothed, pantomiming,
modeling or any other personal services offered customers.
An enclosed building with a capacity of less than 50 persons which
regularly features the exhibiting, presenting or selling of material distinguished
or characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas of observation
by patrons.
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.
An enclosed building with a capacity of 50 or more persons which
regularly features the exhibiting, presenting or selling of material distinguished
or characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas for observation
by patrons.
Includes, without limitation, the following establishments when operated
for profit, whether direct or indirect:
Adult bookstores.
Adult motion-picture theaters.
Adult mini-motion-picture theaters.
Any premises to which the public, patrons or members are invited or
admitted and which are so physically arranged as to provide booths, cubicles,
rooms, studios, compartments or stalls separate from the common areas of the
premises for the purpose of viewing sexually oriented motion pictures, or
where an entertainer provides adult entertainment to a member of the public,
a patron or a member.
An adult entertainment studio or any premises that are physically arranged
and used as such, whether advertised or represented as an adult entertainment
studio, rap studio, exotic dance studio, encounter studio, sensitivity studio,
modeling studio or any other term of like import.
The term "booths, cubicles, rooms, studios, compartments or stalls"
for purposes of defining sexually oriented establishments does not mean enclosures
which are private offices used by the owner, manager or persons employed on
the premises for attending to the tasks of their employment and which are
not held out to the public for the purpose of viewing motion pictures or other
entertainment for a fee and which are not open to any persons other than employees.
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.
A human being who has not attained the legal age of 18.
A commercial establishment which, as one of its principal business
purposes, serves and/or sells children and their families food, apparels,
goods, services, play and/or entertainment.
Any and all persons, including independent contractors, who work
in or at or render any service directly related to the operation of a sexually
oriented establishment.
A person who provides entertainment within a sexually oriented establishment,
whether or not a fee is charged or accepted for entertainment and whether
or not entertainment is provided as an employee or an independent contractor.
A person who, for consideration, agrees or offers to act as a companion,
guide or date for another person or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
A person or business association who or which furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business purposes
for a fee, tip or other consideration.
An employee of the Borough of Trafford authorized and designated
by the Council of the Borough of Trafford, an employee of the Borough of Trafford
authorized by the commanding officer of the Police Department or other persons
designated by the Borough of Trafford to inspect premises regulated under
this chapter, to cooperate in taking required actions authorized by this chapter
where violations are found on the premises and to request correction of the
unsatisfactory conditions found on a premises, not permitted by this chapter.
Having general knowledge of, or reason to know, 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; and
The age of the minor; provided, however, that an honest mistake shall
constitute an excuse from liability hereunder if the licensee or person made
a reasonable bona fide attempt to ascertain the true age of such minor.
The Borough of Trafford.
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 who pay money
or any form of consideration.
The appearance of a human bare buttock, human anus, human male genitals,
human female genitals or human female breast.
A person, partnership or corporation operating, conducting or maintaining
a sexually oriented establishment.
A person in whose name a permit and/or license to operate a sexually
oriented business has been issued, as well as the individual listed as an
applicant on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation, association
or other legal entity.
A state of dress in which clothing covers no more than the genitals,
pubic region and areola of the female breast, as well as portions of the body
covered by supporting straps or devices.
The terms do not include any of the following:
Medical publications or films or bona fide educational publications
or films.
Any art of photography publications which devote at least 25% of the
lineage of each issue to articles and advertisements dealing with subjects
of art of photograph.
Any news periodical which reports or describes current events and which
from time to time publishes photographs of nude or seminude persons in connection
with the dissemination of the news.
Any publications or films which describe and report different cultures
and which from time to time publish or show photographs or depictions of nude
or seminude persons when describing cultures in which nudity or seminudity
is indigenous to the populations.
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion-picture theater, adult-oriented business, adult
theater, escort agency, nude model studio or sexual encounter center.
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:
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;
Less than five years have elapsed since the date of conviction or the
date of release from confinement for the conviction, whichever is the later
date, if the conviction is of a felony offense; or
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.
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.
Includes any of the following:
The increase in floor areas occupied by the business by more than
25%, as the floor areas exist on date of enactment of this chapter.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means; or
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.
Booths, stalls, partitioned portions of a room, rooms or other enclosure
which are available for viewing films, movies, videos or visual reproductions
of any kind depicting or described specified sexual activities or specified
anatomical areas; or persons who 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.
A.
It is unlawful:
(2)
For any person to operate a sexually oriented business
without a valid sexually oriented business license issued by the borough pursuant
to this chapter.
(3)
For any person who operates a sexually oriented business
to employ a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the borough pursuant to this chapter.
(4)
For any person to obtain employment with a sexually oriented
business without having secured a sexually oriented business employee license
pursuant to this chapter.
(5)
Beginning on the 60th day after enactment of this chapter
for any person to continue to operate any sexually oriented business in operation
at the time of enactment of this chapter without a valid sexually oriented
business license pursuant to this chapter.
(6)
Beginning on the 60th day after enactment of this chapter
for any person who operates a sexually oriented business in operation at the
time of enactment of this chapter to employ a person to work for the sexually
oriented business who is not licensed as a sexually oriented business employee
by the borough pursuant to this chapter.
(7)
Beginning on the 60th day after enactment of this chapter
for any person to obtain employment with a sexually oriented business in operation
at the time of enactment of this chapter without having secured a sexually
oriented 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 a sexually oriented
business is an individual, the person must sign the application for a license
as applicant. If a person who wishes to operate a sexually oriented business
is other than an individual, each individual who has a 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 a sexually oriented business
license shall contain the following information and shall be accompanied by
the following documents:
(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 name of all partners, whether the partnership is general or limited,
and a copy of the partnership agreement, if any.
(c)
A corporation, the corporation shall state its complete
name, the date of its incorporation, evidence that the corporation is in good
standing under the laws of its state of incorporation and qualified and authorized
to conduct business in Pennsylvania, the names and capacity of all officers,
directors and principal stockholders and the name of the registered corporate
agent and the address of the registered office for service of process.
(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 and jurisdiction of each.
(4)
Whether the applicant, or a person residing with the
applicant, has had a previous license under this chapter or other similar
sexually oriented business ordinance from another municipality, state or county
denied, suspended or revoked, including the name and location of the sexually
oriented business for which the permit was denied, suspended or revoked, as
well as the date of the denial, suspension or revocation, and whether the
applicant or a person residing with the applicant has been a partner in a
partnership or an officer, director or principal stockholder of a corporation
that is licensed under this chapter whose license has previously been denied,
suspended or revoked, including the name and location of the sexually oriented
business for which the permit was denied, suspended or revoked as well as
the date of denial, suspension or revocation.
(5)
Whether the applicant or a person residing with the applicant
holds any other licenses under this chapter or other similar sexually oriented
business ordinance from another municipality, state or county and, if so,
the names and locations of such other licensed businesses.
(6)
The specific classification of sexually oriented use
for which the applicant is filing along with a detailed description of each
and every activity encompassed by the proposed sexually oriented business,
which description shall thoroughly demonstrate compliance and/or intended
compliance with all provisions of this chapter.
(7)
The location of the proposed sexually oriented business,
including a legal description of the property, street address and telephone
number(s), if any.
(8)
The applicant's mailing address and residential
address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's permit number, social
security number and his/her state or federally issued tax identification number.
(11)
A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the business.
The sketch or diagram need not be professionally prepared, but it must be
drawn to a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six inches.
(12)
A current certificate and straight-line drawing prepared
within 30 days prior to application by a registered land surveyor depicting
the property lines of the property to be certified.
(13)
If an applicant wishes to operate a sexually oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 61-11 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(14)
The application form shall inform the applicant that
separate applications are required for any necessary zoning permits, subdivision
and land development approvals or building and occupancy permits and that
the applicant may apply for such permits by contacting the Borough Code Enforcement
Officer and that Department of Labor and Industry approval is required.
(15)
Before any applicant may be issued a sexually oriented
business employee license, the applicant shall submit on a form to be provided
by the borough the following information:
(a)
The applicant's name or any other name (including
"stage" names) or aliases used by the individual;
(b)
Age, date and place of birth;
(c)
Height, weight, hair and eye color;
(d)
Present residence address and telephone number;
(e)
Present business address and telephone number;
(f)
Date, issuing state and number of driver's license
or other identification card information;
(g)
Social security number; and
(h)
Proof that the individual is at least 18 years of age.
(16)
Attached to the application form for a sexually oriented
business employee license as provided above shall be the following:
(a)
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.
(b)
A statement detailing the license history of the applicant
for the five years immediately preceding the date of the filing of the application,
including whether such applicant previously operated or is seeking to operate,
in this or any other county, municipality, state or country, any business
or has ever had a license, permit or authorization to do business denied,
revoked or suspended, or had any professional or vocational license or permit
denied, revoked or suspended. In the event of any such denial, revocation
or suspension, state the name and 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.
(c)
A statement whether 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 and jurisdiction of
each.
A.
Upon the filing of said application in a fully completed
form for a sexually oriented business license or for a sexually oriented business
employee license, the application shall then be referred to the Borough Code
Enforcement Officer for review and investigation. The Borough Code Enforcement
Officer shall utilize any available resources through the Pennsylvania State
Police, the Commonwealth of Pennsylvania/or other law enforcement agencies
as may be necessary to complete the review and investigation required by this
chapter. Within 30 days from the date the completed application is filed,
the Borough Code Enforcement Officer shall issue a license, unless it is determined
by the Borough Code Enforcement Officer that one or more of the following
findings is true:
(1)
The applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question or
request for information on the application form.
(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 sexually oriented business employee license is to
be used for employment in a business prohibited by local or state law, statute,
rule or regulation or prohibited by a particular provision of this chapter.
(5)
The applicant has had a sexually oriented business employee license revoked by the borough within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in Subsection G of this action.
(6)
The required application, investigation and license fees
have not been paid.
(7)
An applicant's license to operate a sexually oriented
business, issued by any jurisdiction, has been revoked within the preceding
12 months.
(8)
The proposed sexually oriented business is in violation
of or is not in compliance with any of the provisions of this chapter.
(9)
The applicant is delinquent in the payment of either
state or local taxes and/or fees.
(10)
The location of the structure is in violation of any
existing health, fire and building codes of the Borough of Trafford.
(11)
The applicant has violated or is in violation of the
Zoning Ordinance of the Borough of Trafford.
(12)
The applicant has knowingly employed a person without
a valid license.
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 would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 61-5. An application for renewal shall be made no later than 60 days before the expiration date.
C.
The license, if granted, shall state on its face the
name of the person or person to whom it is granted, the expiration date, the
address of the sexually oriented business and the specific classification
of sexually oriented use for which the license is issued. Licenses for sexually
oriented businesses shall state that the sexually oriented business shall
not commence until all necessary zoning, subdivision and land development
and/or building code approvals and Department of Labor and Industry approvals
are obtained. All licenses shall be posted in a conspicuous place at or near
the entrance to the sexually oriented business so that they may be easily
read at any time.
D.
Applications for building and occupancy permits shall
be processed and either denied or approved within 30 days of a complete application
by the borough.
E.
A sexually oriented business license shall issue for
the specific classification of sexually oriented use as permitted by ordinance
and applied for.
G.
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Borough Council. The Borough Council shall then hold a local agency law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Borough Council may be taken to court subject to § 61-9E of this chapter.
A.
Every application for a sexually oriented business license
(whether for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee in an amount
set by resolution of the Borough Council.
B.
In addition to the application and investigation fee
required above, every sexually oriented business that is granted a license
(new or renewal) shall pay to the borough an annual nonrefundable license
fee in an amount set by resolution of the Borough Council within 30 days of
license issuance or renewal.
C.
Every application for a sexually oriented business employee
license (whether for a new license or for renewal of an existing license)
shall be accompanied by an annual nonrefundable application, investigation
and license fee in an amount set by resolution of the Council.
D.
All license applications and fees shall be submitted
to the office of the Borough Secretary, and, thereafter, the applications
shall be forwarded to the Borough Code Enforcement Officer for review and
investigation and approval or denial.
A.
An applicant or licensee shall permit authorized borough
officials and their agents or consultants to inspect the premises of a sexually
oriented business for the purpose of ensuring compliance with the law at any
time it is occupied or open for business.
B.
A person who operates a sexually oriented 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 in § 61-4B. Application for renewal shall be made a least 60 days before the expiration date, and, when made less than 60 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 denial became final.
The Borough Code Enforcement Officer shall suspend a license for a period
not to exceed 30 days if he determines that:
A.
A licensee or an employee of a licensee has:
B.
The business is being operated or has been operated in
violation of the health, fire and building codes of the Borough of Trafford.
C.
The applicant engaged in a permit transfer in violation
of the terms of this chapter.
D.
The applicant has violated the hours of operation as
set forth in this chapter.
E.
The operator has failed or refused to allow an inspection
of the premises by the duly designated authorized representative of the borough.
F.
The applicant knowingly employed a person without a valid
license.
A.
The Borough Code Enforcement Officer shall revoke a license if a cause of suspension in § 61-8 occurs and the license has been suspended within the preceding 12 months.
B.
The Borough Code Enforcement Officer shall revoke a license
if he determines that:
(1)
A licensee gave false or misleading information in the
material submitted during the application process;
(2)
A licensee has knowingly allowed possession, use or sale
of controlled substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the
premises;
(4)
A licensee knowingly operated the sexually oriented 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
license premises;
(6)
A licensee is delinquent in payment to the borough for
any licensing fees past due;
(7)
The applicant was convicted of a specified criminal act
as defined by this chapter;
(8)
An employee of the applicant had been convicted twice
within a year of a specified criminal act occurring on or in the premises
while employed by the applicant; or
(9)
The applicant has been convicted of a tax violation regarding
the sexually oriented business.
C.
When the borough revokes a license, the revocation shall
continue for one year, and the licensee shall not be issued a sexually oriented
business license for one year from the date the revocation became effective.
If, subsequent to revocation, the borough finds that the basis for the 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.
All license application, renewal, suspension or revocation
decisions shall be sent, in writing, to the applicant or licensee. All such
decisions which deny, suspend or revoke a permit shall state specifically
the ordinance requirement not met and any other basis for the decision. After
denial of an application, or denial of a renewal of an application, or after
suspension or revocation of any license, the applicant or licensee may appeal
pursuant to the Local Agency Law[1] to the Borough Council. The Borough Council will then hold a Local
Agency Law hearing within 20 days from the date the appeal is filed and will
render a written decision within 10 days from the date such hearing concludes.
Any such appeal must be filed, in writing, with the Borough Secretary within
10 days from the date of mailing of the decision appealed from. Failure to
file said appeal with the Borough Secretary within 10 days from the date of
the mailing of the decision appealed from shall be deemed a conclusive determination
as to the issues or matters addressed by the written decision. In the case
of a denial of a license renewal, or in the case of a license suspension or
revocation, the licensee may continue to operate to the same extent as immediately
prior to the suspension or revocation until the earlier of the expiration
of the ten-day appeal period without filing of an appeal or the date of a
decision dismissing any appeal.
[1]
Editor's Note: See 2 Pa.C.S.A. § 105.
E.
Any person aggrieved by a decision of the Borough Council
may appeal to a court of competent jurisdiction. The borough shall, upon filing
of such appeal, consent to any request by a license applicant or licensee
to the court to give expedited review to such appeal. The borough shall certify
any record to the court within 20 days of any request by the court to do so.
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.
A person who operates viewing booths or causes them to
be operated shall comply with the following requirements:
(1)
Upon application for a sexually oriented license, the
application shall be accompanied by a diagram of the premises showing a plan
thereof specifying the location of one or more manager's stations and
the location of all overhead lighting fixtures and designating any portion
of the premises in which patrons will not be permitted. A manager's station
may not exceed 32 square feet of floor area. The diagram shall also designate
the place at which the permit will be conspicuously posted, if granted. A
professionally prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram should be oriented
to the north or to some designated street or object and should be drawn to
a designated scale or with marked dimensions sufficient to show the various
internal dimensions of all areas of the 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 certified 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)
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.
(4)
The interior of the premises shall be configured in such
a manner that there is an unobstructed view from the manger's station
of every area of the premises to which any patron is permitted access for
any purpose, excluding rest rooms. Restrooms may not contain video reproduction
equipment. If the premises has two or more manager's stations designated,
then the interior of the premises shall be configured in such a manner that
there is an unobstructed view of each area of the premises to which any patron
is permitted access for any purpose from at least one of the manager's
stations. The view required in this subsection must be by direct line of sight
from the manager's station. In addition, all viewing booths shall have
at least one side fully open so that all of the area inside the booth is open
to the view of persons in the public area of the establishment.
(5)
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(4) 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.
(6)
No viewing room may be occupied by more than one person
at any time.
(7)
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 footcandle as
measured at the floor level.
(8)
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.
(9)
No licensee shall allow openings of any kind to exist
between viewing rooms or booths.
(10)
No person shall make or attempt to make an opening of
any kind between viewing booths or rooms.
(11)
The licensee shall, during each business day, regularly
inspect the walls between the viewing booths to determine if any openings
or holes exist.
(12)
The licensee shall cause all floor coverings in viewing
booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13)
The licensee shall cause all wall surfaces and ceiling
surfaces in viewing booths to be constructed of, or permanently covered by,
nonporous, easily cleanable 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. It is a defense to prosecution
under this subsection if the person under 18 years was in a restroom not open
to public view or visible to any other person.
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.
Public places.
(1)
It shall be a violation of this chapter for a person
to knowingly and intentionally, in a public place:
(2)
For purposes of this chapter, "public place" includes
all outdoor areas owned by or open to the general public and all buildings
and enclosed places owned by or open to the general public, including but
not limited to places of entertainment, taverns, restaurants, clubs, theaters,
dance halls, banquet halls, party rooms or halls limited to specific members
and party rooms or halls restricted to adults or to patrons invited to attend,
whether or not an admission charge is levied. This section shall not apply
to:
(a)
Any child under 10 years of age;
(b)
Any individual exposing a breast in the process of breastfeeding
an infant under two years of age; or
(c)
The exercise of free speech or free expression in the
form of artistic and theatrical performances. It is the intention of the borough
that this section be construed, enforced and interpreted in such a manner
as will cause the least possible infringement of the constitutional rights
of free speech, free expression, due process, equal protection or other fundamental
rights.
B.
It shall be a violation of this chapter for a person
to appear in a nude condition while either as a patron or an employee of a
sexually oriented business, unless the person 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 any employee,
while nude or seminude in a sexually oriented business, to solicit any pay
or gratuity from any patron or customer or for any patron or customer to pay
or give any gratuity to any employee while said employee is seminude in a
sexually oriented business.
A.
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 a sexually
oriented business.
B.
A person commits a violation of this chapter if the person
knowingly allows a person under the age of 18 to either be employed upon said
premises or to purchase goods or services on said premises of a sexually oriented
business.
A.
No sexually oriented business shall be open for business
before 9:00 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.
B.
It shall be unlawful for a sexually oriented business
to engage in a performance, solicit a performance, make a sale, solicit a
sale, provide a service or solicit a service between the hours of 9:00 a.m.,
Monday through Saturday, of after 12:00 midnight, Monday through Saturday.
It is a defense to prosecution under § 61-14 that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the Commonwealth
of Pennsylvania, a college, junior college or university supported entirely
or partly by taxation;
B.
By a private college or university which maintains and
operates educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation; and
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.
[Amended 5-10-2005 by Ord. No. 702]
A.
Any person, firm or corporation who or which violates
or permits the violation of any provisions of this chapter or the rules and
regulations approved and hereinafter adopted shall pay a fine of not less
than $100 nor more than $1,000 for each violation. Whenever such person shall
have been officially notified by the borough 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
constitute a separate violation punishable by a like fine. Any person who
violates or permits the violation of this chapter shall pay, in addition to
the fine set forth above, all court costs and reasonable attorney's fees incurred
by the borough in connection with any civil enforcement proceedings brought
to enforce this chapter.
B.
The borough may commence civil enforcement proceedings
to assess fines for violations of this chapter. In addition to such civil
enforcement proceedings, the borough may commence, at any time, appropriate
actions in equity or otherwise to prevent, restrain, correct, enjoin or abate
violations of this chapter.
The provisions of this chapter are severable and if any section, subsection,
clause, sentence or part thereof shall be held or declared illegal, invalid
or unconstitutional by any court of competent jurisdiction, the decision shall
not affect or impair any of the remaining sections, subsections, clauses,
sentences or parts thereof of this chapter. It is hereby declared to be the
intent of the Borough Council that this chapter would have been adopted if
such illegal, invalid or unconstitutional section, subsection, clause, sentence
or part thereof had not been included therein.
This chapter shall be effective immediately upon enactment.
