It is the purpose of this chapter to regulate sexually oriented businesses
in order to promote the health, safety, morals and general welfare of the
citizens of the Township and to establish reasonable and uniform regulations
to prevent the continued deleterious location and concentration of sexually
oriented businesses within the Township. The provisions of this chapter have
neither the purpose nor effect or imposing a limitation or restriction on
the content of any communicative materials, including sexually oriented materials.
Similarly, it is not the intent nor effect of this chapter to restrict or
deny access by adults to sexually oriented materials protected by the First
Amendment of the Constitution of the United States or to deny access by the
distributors and exhibitors of sexually oriented entertainment to their intended
market. Neither is it the intent nor effect of this chapter to condone or
legitimize the distribution of obscene material.
As used in this chapter, the following terms shall have the meanings
indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still- or motion-picture machines, projectors or other image-producing devices
are maintained to show images to five or fewer persons per machine at any
one time and where the images so displayed are distinguished or characterized
by the depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which, as one of its business purposes,
offers for sale or rental for any form of consideration any one or more of
the following:
A.
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
B.
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 areas and still be categorized as an 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 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 features:
A.
Persons who appear in the state of nudity or seminudity;
B.
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
C.
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 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 transmissions, films, motion pictures,
videocassettes, slides or other photographical 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;
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT 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.
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 furnishes, offers to furnish
or advertises to furnish escorts as one of its primary business purposes for
a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business as a new
business;
B.
The conversation of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
C.
The additions of any sexually oriented business to any other existing
sexually oriented business; or
D.
The relocation of any sexually oriented business.
PERMITTEE AND/OR LICENSEE
A person 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.
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.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the genitals,
the pubic region and the areolae of the female breast, as well as portions
of the body covered by supporting straps or devices.
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 is seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion-picture theater, adult theater, escort agency, nude
model studio or sexual encounter center.
SHOW BAR
A 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 and where patrons
may bring their own alcoholic beverages for consumption on the premises.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the vulva or
more intimate parts of the female genitals.
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, actual or simulated, including, but not by way of limitation,
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.
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.
Sexually oriented businesses are classified as follows:
B. Adult bookstores or adult video stores.
E. Adult motion-picture theaters.
I. Sexual encounter centers.
The annual fee for a sexually oriented business permit shall be established,
from time to time, by resolution of the Board of Supervisors.
A person appearing in a state of nudity is exempt from §§
97-4 and
97-8D of this chapter if the modeling class is sponsored and operated:
A. By a proprietary school, licensed by the Commonwealth
of Pennsylvania; or a college, junior college or university supported entirely
or partly by taxation;
B. By a private college or university which maintains and
operates educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation; or
C. In a structure:
(1) Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available for viewing;
(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 7-11-1996 by Ord. No. 1996-4]
Any person or persons who operate or cause to be operated a sexually
oriented business without a valid permit or who violates any of the provisions
of this chapter shall be subject to a civil fine not exceeding $600, plus
any court costs and reasonable attorney fees incurred by the Township as a
result of the violation. The Township Manager, or any other Township representative
authorized by the Board of Supervisors shall determine in each instance whether
a violation of this chapter has occurred and, if so, the amount of the civil
fine to be imposed upon the violator. Notice of the civil fine shall be served
upon the violator by certified mail, return receipt requested, or by personal
delivery by a Township representative. Should the violator not pay the civil
fine within 20 days of the date of service, the Township Manager or other
duly designated Township representative shall file a civil enforcement proceeding
with the District Justice having jurisdiction to recover the civil fine, court
costs and reasonable attorney fees incurred by the Township as a result of
the violation. No judgment shall be imposed until the date of the determination
of a violation by the District Justice. If the violator neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant to the
applicable Rules of Civil Procedure. Each day that a violation continues shall
constitute a separate offense. In addition, any such person or persons who
operates or causes to be operated a sexually oriented business without a valid
permit or in violation of this chapter is subject to an action in equity to
restrain the violation or violations.