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, and to establish reasonable
and uniform regulations regarding sexually oriented businesses within
the Borough. 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 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 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 electronically, electrically or mechanically
controlled still or motion machines, projectors, or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time where the images so displayed by distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
ADULT BUSINESS 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:
(1)
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.
(2)
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 areas 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:
A.
Persons who appear in the state of nudity; or
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 and provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions which are categorized 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 any single sleeping room 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
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 sexual activities or specified anatomical areas.
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.
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
Any individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
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 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.
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 seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video bookstore
or adult video store, adult cabaret, adult motel, adult motion-picture
theater, adult theater, escort agency, nude model studio or sexual
encounter center.
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, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
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.
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 is $500. Said fee may hereafter be amended by ordinance or
resolution of the Borough Council of the Borough of Emsworth.
The Zoning Officer shall suspend a permit for
a period not to exceed 30 days if he determines that a permittee or
an employee of a permittee has:
A. Violated or is not in compliance with any section
of this chapter.
B. Engaged in excessive use of alcoholic beverages while
on the sexually oriented business premises (or engaged in the use
of illegal narcotics).
C. Refused to allow an inspection of the sexually oriented
business premises as authorized by this chapter.
D. Knowingly permitted gambling by any person on the
sexually oriented business premises.
E. Failed to man managers' stations and/or maintain viewing
rooms as set forth hereinafter.
A permittee shall not transfer his permit to
another person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
It is a defense to prosecution under §
54-5 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, 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.
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.
(3) Where no more than one nude model is on the premises
at any one time.
A person, corporation or other entity 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 or a suit for injunction as well as citations for violations
of this chapter pursuant hereto. Upon conviction thereof by any District
Justice or other court of competent jurisdiction, he shall be sentenced
to pay a fine of not more than $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
not to exceed 30 days; and whoever fails to correct any violation
within 90 days from the date of said conviction shall be subject to
revocation of any and all applicable permits and approvals issued
by the Borough.
Any existing business that would qualify under
this chapter shall have one month from the time of enactment to come
into compliance with this chapter.
Any sexually oriented business may only conduct
operations between the hours of 8:00 a.m. to 1:00 a.m. on Mondays
through Saturdays, and between the hours of 12:00 noon to 1:00 a.m.
on Sundays, and at no other times.