[HISTORY: Adopted by the Borough Council of the Borough of Trafford 1-11-2000 by Ord. No. 673. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 60.
Nuisances — See Ch. 136.
Zoning — See Ch. 202.
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:
ADULT
A human being who has attained the legal age of 18.
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 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.
ADULT BOOKSTORE OR ADULT VIDEO STORE
A. 
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.
B. 
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.
ADULT CABARET
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.
ADULT ENTERTAINMENT
A. 
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.
B. 
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.
ADULT MINI-MOTION-PICTURE THEATER
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.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A. 
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
B. 
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
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.
ADULT-ORIENTED ESTABLISHMENT
A. 
Includes, without limitation, the following establishments when operated for profit, whether direct or indirect:
(1) 
Adult bookstores.
(2) 
Adult motion-picture theaters.
(3) 
Adult mini-motion-picture theaters.
(4) 
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.
(5) 
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.
B. 
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.
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.
CHILD
A human being who has not attained the legal age of 18.
CHILD-ORIENTED BUSINESS
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.
EMPLOYEE
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.
ENTERTAINER
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.
ESCORT
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.
ESCORT AGENCY
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.
INSPECTOR
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.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
A. 
The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or person; and
B. 
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.
MUNICIPALITY
The Borough of Trafford.
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 who pay money or any form of consideration.
NUDITY OR STATE OF NUDITY
The appearance of a human bare buttock, human anus, human male genitals, human female genitals or human female breast.
OPERATOR
A person, partnership or corporation operating, conducting or maintaining a sexually oriented establishment.
PERMITTEE AND/OR LICENSEE
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.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE
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.
SEXUAL ACTIVITIES
The terms do not include any of the following:
A. 
Medical publications or films or bona fide educational publications or films.
B. 
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.
C. 
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.
D. 
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.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
A. 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.
SEXUALLY ORIENTED BUSINESS
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.
SPECIFIED ANATOMICAL AREAS
A. 
Less than completely and opaquely covered:
(1) 
Human genitals or pubic region;
(2) 
Buttocks; or
(3) 
Female breasts below a point immediately above the top of the areola.
B. 
Human male genitals in a discernible turgid state, even if completely opaquely covered.
SPECIFIED CRIMINAL ACTIVITY
A. 
Any of the following offenses:
(1) 
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.
(2) 
For which:
(a) 
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) 
Less than five years have elapsed since the date of 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
(c) 
Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
B. 
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.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
C. 
Masturbation, actual or simulated; or
D. 
Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
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.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A. 
The sale, lease or sublease of the business;
B. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
C. 
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.
VIEWING BOOTHS
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:
(1) 
For any person to operate an adult-oriented business contrary to the Zoning Ordinance of the Borough of Trafford and without obtaining a valid zoning permit.[1]
[1]
Editor's Note: See Ch. 202, Zoning.
(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.
(2) 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must:
(a) 
State the fictitious name of said sexually oriented business; and
(b) 
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 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.
F. 
A license denial shall conform to the provisions of § 61-9D.
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:
(1) 
Violated or is not in compliance with any provision of this chapter; or
(2) 
Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
(3) 
Knowingly permitted gambling by any person on the sexually oriented business premises.
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.
B. 
A person having a duty under Subsection A(1) through (13) above commits a violation of this chapter if he knowingly fails to fulfill that duty.
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:
(a) 
Engage in sexual intercourse or to engage in deviate sexual intercourse as defined by the Pennsylvania Crimes Code;
(b) 
Appear in a state of nudity; or
(c) 
Fondle the genitals of himself, herself or another person.
(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.