[Added 9-24-1990 by Ord. No. 90-582;
amended 4-15-2021 by Ord. No. 2021-872; 2-9-2023 by Ord. No. 2023-886]
A.
Certain types of sexually oriented businesses possess characteristics
that may be objectionable to the public or illegal to display or sell
to minors.
B.
When concentrated, certain types of sexually oriented businesses
may be found to have a deleterious effect upon adjacent areas.
C.
The activities of certain sexually oriented businesses have been
associated with increases in noise, parking impacts, loitering, littering,
and disturbances in the peace.
D.
Special regulations are necessary to prevent the overconcentration
of sexually oriented businesses and to mitigate the negative impacts
associated with these uses.
E.
Special regulation of these uses is necessary to ensure that the
adverse effects of sexually oriented businesses will not contribute
to the blighting or downgrading of the surrounding neighborhood nor
create an adverse effect on minors.
F.
Reasonable conditions on sexually oriented businesses, such as limitation
on hours of operation, exterior lighting, display materials, and other
similar conditions, are necessary to protect the public health, safety,
and welfare.
As used in this article, the following terms shall have the
meanings indicated:
Any place to which the public is permitted or invited wherein
coin or slug operated, or electronically, electrically, or mechanically
controlled still picture or motion-picture machines, projectors, virtual
reality sets, games, or other image-producing devices are maintained
to show images or permit experiences where the images so displayed
are distinguished or characterized by an emphasis on depicting, describing,
replicating, or experiencing specified sexual activities and/or specified
anatomical areas.
A nightclub, theater, adult dance studio, men's social
club, music or performance studio, or other establishment which features
live performances to one or more persons by topless and/or bottomless
dancers, go-go dancers, exotic dancers, strippers or similar entertainers,
where such performances are distinguished or characterized by an emphasis
on depicting or simulating specified sexual activities and/or specified
anatomical areas and where the average person, applying contemporary
community standards would find that the performance, taken as a whole,
appeals to the prurient interest, depicts or describes specified sexual
activities and/or specified anatomical areas in a patently offensive
way, and lacks serious literary, artistic, political, or scientific
value.
An adult newsrack, adult store, adult theater, adult arcade,
adult novelty store, adult model studio, sexual encounter center,
or any other similar sexually oriented business, or any combination
of two or more of such uses. A business containing a 25% or more of
the total wall space, display area, or stock-in-trade of a combination
of such products or inventory regulated under the definitions of adult
store, adult novelty store, and/or an adult video store shall be deemed
to be an adult entertainment facility.
Items or actions with an emphasis on depicting, describing,
containing, showing, or replicating specified sexual activities and/or
specified anatomical areas, where the average person, applying contemporary
community standards would find that the material, taken as a whole,
appeals to the prurient interest, depicts or describes specified sexual
activities and/or specified anatomical areas in a patently offensive
way, and lacks serious literary, artistic, political, or scientific
value.
Any business where, for any form of consideration or gratuity,
figure models who display specified anatomical areas are provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by persons paying such consideration or gratuity.
This does not include accredited educational institutions, which may
employ models in fine art courses.
Any self-service or coin-operated or card-operated machine
or device that dispenses or provides access to adult materials.
A building, or portion thereof, in which 25% or more of the
display area of the store's products or inventory is used for
the distribution, sale, transfer, offer for sale and/or rental or
offer for rental of any device, instrument, game, toy, or paraphernalia
evidently designed or marketed for sexual stimulation of human genital
organs or for sadomasochistic use.
Any building, or portion thereof, where space devoted to
sale or display adult materials composes 25% or more or 500 square
feet, whichever is less, of any one or more of the following:
A commercial establishment, or portion thereof, whether open
or enclosed, that is substantially devoted to, or marketed for, the
public depiction of specified sexual activities or specified anatomical
areas for observation by persons therein through films, motion pictures,
videocassettes, slides, DVDs or Blu-ray Discs™, electronic files
or movies, slides, virtual depiction or experience, or other similar
materials ("films"), where the average person, applying contemporary
community standards would find that the films, taken as a whole, appeal
to the prurient interest, depict or describes specified sexual activities
and/or specified anatomical areas in a patently offensive way, and
lack serious literary, artistic, political, or scientific value.
A building, or portion thereof, in which 25% or more of the
display area of the store's products or stock in trade (inventories
not on display but on-site) is used for the distribution, sale, transfer,
offer for sale and/or rental or offer for rental, or presentation
of videos, movies, motion pictures, slides, tapes, films, DVDs, Blu-ray
disks, electronic files downloads or movies, video games, virtual
reality presentations, or similar items ("videos") of specified sexual
activities or specified anatomical areas and the video taken as a
whole, appeals to the prurient interest, depicts or describes specified
sexual activities and/or specified anatomical areas in a patently
offensive way, and lacks serious literary, artistic, political, or
scientific value.
Exposes to the view of persons outside the building in which
a sexually oriented business is located or a portion of a building
used for a sexually oriented business.
Any business, agency, or person who, as one of its principal
business purposes, for any form of consideration or gratuity, provides
a place where two or more persons, not all members of the same family,
may congregate, assemble or associate for the purpose of engaging
in specified sexual activities, exposing specified anatomical areas,
or physical contact in the form of wrestling or tumbling between persons
when one or more of the persons is in a state of nudity or seminude.
This term shall not be interpreted to include private rooms in hotels,
motels, rooming houses, lodging houses, tourist homes, or similar
businesses.
Includes the following types of businesses.
Less than completely and opaquely covered:
Specified sexual activities are comprised of the following:
Actual or simulated sexual intercourse, oral copulation, anal
intercourse or copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context
of a sexual relationship;
Clearly depicted human genitals in a state of sexual stimulation,
arousal, or tumescence;
Human or animal masturbation, sodomy, oral copulation, coitus,
cunnilingus, fellatio, or ejaculation, whether actual or simulated;
Fondling or erotic lewd touching of nude human genitals, public
region, buttocks, or breast;
Masochism, erotic or sexually oriented torture, beating or infliction
of pain, whether actual or simulated;
Erotic lewd touching, fondling, or other contact with an animal
by a human being;
Human excretion, urination, menstruation, or vaginal or anal
irrigation in the context of a sexual relationship; and
A.
Sexually oriented businesses are only permitted when such use is
permitted in the underlying zoning district.
B.
Sexually oriented businesses shall comply with all applicable federal,
commonwealth, and Township laws and obtain all required licenses and
permits required to operate.
C.
Distance requirement. The parcel of land where the sexually oriented
business is situated shall be located at least 1,000 feet from parcels
containing the following uses:
(1)
A place of worship and assembly;
(2)
A public or private pre-elementary, elementary or secondary
school;
(3)
A public library;
(4)
A child-care facility or nursery school;
(5)
A boundary of any residential district;
(6)
A public park adjacent to a residential district;
(7)
A community/recreation center; or
(8)
Another sexually oriented business.
D.
Hours of operation. The hours of operation of a sexually oriented
business shall be limited to between 8:00 a.m. and 10:00 p.m. on Sunday,
Monday, Tuesday, Wednesday and Thursday, and from 8:00 a.m. to 11:00
p.m. on Friday and Saturday.
E.
Display. No sexually oriented business, including but not limited
to an adult newsrack, shall display, advertise, or exhibit any material
or signage in a manner which exposes to the public view photographs,
depictions, videos, illustrations or other similar images or actions
of specified sexual activities, specified anatomical areas, or naked
persons in poses which emphasize or direct the viewer's attention
to the subject's breasts, buttocks, or genitals.
F.
In addition to any other violations and penalties that may be applicable
under any laws, it shall be unlawful for any person to knowingly sell,
rent, admit, or provide to a minor any adult material or grant admission
to a sexually oriented business to a minor when providing such materials
or access is prohibited under commonwealth or federal law. For purposes
of this article, a "minor" means an individual who has not attained
the age of 18.
G.
Security program. An on-site security program shall be prepared and
implemented as follows:
(1)
Exterior lighting. All exterior lighting shall comply with all
outdoor lighting requirements of the underlying zoning district where
the site is located. In addition, all off-street parking areas and
building entries for a sexually oriented business shall be illuminated
during all hours of operation with a minimum maintained horizontal
illumination of one footcandle of light on the parking surface and/or
walkway.
(2)
Interior lighting. All interior portions of the sexually oriented
business, except those devoted to mini-motion or motion pictures,
shall be illuminated during all hours of operation with a lighting
system that provides a minimum maintained horizontal illumination
of not less than two foot-candles of light on the floor surface.
(3)
Security guards. Security guards for sexually oriented businesses
may be required if it is determined by the Upper Merion Police Department
that their presence is necessary to prevent any unlawful conduct from
occurring on the premises.
A.
Facade. For existing buildings, photographs of the building(s) must
be provided to the Township upon submittal of a use permit application.
The exterior of the building(s) may be required to be repainted and
repaired, as needed.
B.
Landscaping and Buffers. All site landscaping, buffers, and screening
shall comply with the established requirements of the underlying zoning
district where the site is located.
C.
Litter. The exterior, including all signs and accessory buildings
and structures, shall be maintained free of litter at all times. The
owner or operator shall provide for daily removal of trash, litter,
and debris from the premises occupied by the sexually oriented business
and on all abutting sidewalks within 20 feet of the premises.
D.
Graffiti. The owner or operator shall remove graffiti from the premises
occupied by the sexually oriented business or the improvements thereon
within 48 hours' notice of the occurrence.
In order to ensure compliance with this article, all sexually
oriented businesses shall permit representatives of the Upper Merion
Township Police Department, the Township Fire Marshal, the Township
Building Official, the Township Code Enforcement Department, or other
necessary Township departments to inspect the portions of the premises
of the sexually oriented business that will be open or accessible
to the public. Such inspections shall occur at a time that the sexually
oriented business is occupied or open for business. It shall be a
violation of this chapter for a sexually oriented business to refuse
to permit an authorized inspection.
