[HISTORY: Adopted by the Borough Council
of the Borough of Indiana 7-7-1998 by Ord. No. 1732. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 460.
A.
Purpose.
(1)
Pursuant to the authority granted in the Borough Code
to prohibit nuisances; and to promote the health, welfare, cleanliness,
comfort and, safety of the citizens of Indiana Borough; and to regulate
the time of opening and closing, and the conduct of places of public
entertainment, amusement and recreation, the Borough of Indiana enacts
this chapter to minimize and control the adverse secondary effects
of sexually oriented businesses and thereby protect the health, safety
and welfare of its citizens; protect the citizens from increased crime;
preserve the quality of life; preserve the property values and character
of surrounding neighborhoods; and deter the spread of blight.
(2)
The Borough Council has determined that licensing
is a legitimate and reasonable means of accountability to insure the
operators of sexually oriented businesses comply with reasonable regulations
and to insure that operators do not knowingly allow their establishments
to be used as places for illegal sexual activity or solicitation.
(3)
The Borough Council does not intend this chapter to
suppress speech activities protected by the First Amendment, but to
enact a content-neutral ordinance which addresses the secondary effects
of sexually oriented businesses.
B.
Legislative findings. The Borough Council finds:
(1)
Sexually oriented businesses have adverse secondary
effects that should be regulated to protect the public health, safety
and welfare. These secondary effects include, but are not limited
to, the spread of communicable diseases, performance of sexual acts
in public places, presence of discarded sexually oriented materials
on public and private property, sexual harassment, obscenity, prostitution,
and other illegal sexual activities, crime, and neighborhood deterioration.[1]
(2)
A reasonable licensing procedure is an appropriate
mechanism to place the burden of reasonable regulations on the owners
and the operators of the sexually oriented businesses. Further, such
a licensing procedure will place a heretofore nonexistent incentive
on the operators to see that their sexually oriented business is run
in a manner consistent with the health, safety and welfare of its
patrons and employees, as well as the citizens of the Borough. It
is appropriate to require reasonable assurance that the licensee is
the actual operator of the sexually oriented businesses, fully in
possession and control of the premises and activities occurring therein.
(3)
Removal of doors on viewing booths and requiring sufficient
lighting on premises with viewing booths advances a substantial governmental
interest in discouraging the illegal and unsanitary sexual activity
occurring in adult theaters.
(4)
Requiring licensees of sexually oriented businesses
to keep information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working at such establishments.
(5)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance
of the sexually oriented business will help limit and control the
adverse secondary effects of such businesses.
(6)
It is desirable in the prevention of the spread of
communicable diseases to obtain a limited amount of information regarding
certain employees who may engage in the conduct which this chapter
is designed to prevent or who are likely to be witnesses to such activity.
(7)
The fact that an applicant for a sexually oriented
business license has been convicted of a sexually related crime leads
to the rational assumption that the applicant is likely to engage
in that conduct in contravention of this chapter.
(8)
The barring of such individuals from the management
of sexually oriented businesses for a period of years serves as a
deterrent to and prevents conduct which leads to the transmission
of sexually transmitted diseases.
(9)
The general welfare, health, and safety of the citizens
of the Borough will be promoted by the enactment of this chapter.
(10)
Limitation of operating hours of sexually oriented
businesses to 10:00 a.m. to 10:00 p.m., Monday through Saturday, and
closure of such businesses on Sundays and holidays reduces the adverse
secondary effects of such businesses, including particularly, but
not limited to, late-night noise levels, crime, and sexually offensive
materials and activities in public areas, and promotes the public
health, safety, and welfare.
As used in this chapter, the following words
and phrases shall have the meanings indicated unless the context clearly
indicates a different meaning:
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video, or laser disc players,
or other image-producing devices are maintained, not located within
viewing booths, 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.
A commercial establishment which, as one of its substantial
business activities, offers for sale or rental for any from of consideration
any one or more of the following:
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes or
video reproductions, slides, CD-ROM discs or other computer software,
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; or
Instruments, devices, or paraphernalia which
are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant, or other commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity;
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 or visual presentations of any
other kind which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion picture, videocassettes, slides, or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A theater, concert hall, dance hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or seminudity, or live performances which are
characterized by the exposure of specified anatomical areas or by
specified sexual activities.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time, or contract basis, whether
or not the person is denominated as employee, independent contractor
agent or otherwise and whether or not the person is paid a salary,
wage, or other compensation by the operator of the business. Employee
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises, or for the
delivery of goods to the premises.
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 furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually
oriented business as a new business;
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
The addition of any sexually oriented business
to any other existing sexually oriented business or to a nonsexually
oriented business; or
The relocation of any sexually oriented business.
Having general knowledge of, or reason to know, or 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;
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.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
Any place where a person who appears seminude, in a state
of nudity, or who displays specified anatomical areas and is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. "Nude model studio" shall not include a proprietary
school licensed by the State of Pennsylvania or a college, junior
college, or university supported entirely or in part by public taxation;
a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college;
or in a structure:
That no sign visible from the exterior of the
structure and no other advertising that indicates a nude or seminude
person is available for viewing; and
Where in order to participate in a class, a
student must enroll at least three days in advance of the class; and
Where no more than one nude or seminude model
is on the premises at any one time.
The showing of the human male or female genitals, public
area, vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of female breast with less than a fully opaque
covering of any part of the nipple, or the showing of the covered
male genitals in a discernible turgid state.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The state of dress in which clothing partially or nonopaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of is principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
Any of the following offenses:
Prostitution or promotion of prostitution; dissemination
of obscenity; sale, distribution, or 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.
Any of the following:
Of a sexually oriented business means and 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, will, or other
similar legal device which transfer 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 enclosures which are available for viewing:
Films, movies, videos, or visual reproductions of any kind depicting
or describing 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 a sexually oriented business
without a valid sexually oriented business license issued by the Borough
pursuant to this chapter;
(2)
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;
(3)
For any person to obtain employment with a sexually
oriented business without having secured a sexually oriented business
employee license pursuant to this chapter;
(4)
Upon 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;
(5)
Upon 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 license must be made on a form
provided by this 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) 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 sate 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 state the sexually oriented business' fictitious name and 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 person residing with the
applicant has been partner in a partnership or an officer, director,
or principal stockholder of 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 specified classifications 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 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 the property to be certified.
(13)
If an applicant wishes to operate a sexually oriented business which includes viewing booth, then the applicant shall also comply with the application requirements set forth in § 365-11 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booth.
(14)
The application form shall inform the applicant
that:
(a)
Separate applications are required by 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 Code Director of Code Enforcement; and
(b)
Department of Labor and Industry approval is required.
F.
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 of the following information:
(1)
The applicant's name or any other name including "stage"
names, or aliases used by the individual;
(2)
Age, date and place of birth;
(3)
Height, weight, hair and eye color;
(4)
Present residence address and telephone number;
(5)
Present business address and telephone number;
(6)
Date, issuing state and number of driver's license
or other identification card information;
(7)
Social Security number; and
(8)
Proof that the individual is at least 18 years of
age.
G.
Attached to the application form for a sexually oriented
business employee license as provided above shall be the following:
(1)
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 fee for the photographs and fingerprints
shall be paid by the applicant.
(2)
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 county 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 denial, revocation, or suspension,
state the name, 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.
(3)
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 applicant shall then be referred to
the Borough Code Enforcement Officer for review investigation. The
Borough Code Enforcement Officer shall utilize any available resources
through the Pennsylvania State Police, the Commonwealth of Pennsylvania,
and/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 questions
or requests 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 sate
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 issues is immediately deemed null and void. Denial, suspension, or revocation of license issued pursuant to this subsection shall be subject to appeal as set forth in § 365-9;
(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; or
(8)
The proposed sexually oriented business is in violation
of or is not in compliance with any of the provision of this chapter.
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. This renewal of the license shall be subject to the payment of the fee as set forth in § 365-5.
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 specified
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 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 after a
complete application is filed with 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 granting or denial of
a license may appeal in writing within 10 days from the date of issuance
to the Borough Council. The Borough Council shall then make a determination
at the next regularly scheduled meeting of Borough Council occurring
at least 10 days thereafter. Any party who is aggrieved by the determination
of Borough Council shall have the right to appeal the decision to
the Court of Common Pleas of Indiana County, Pennsylvania, providing
the appeal is taken within 30 days after Borough Council issues its
decision.
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 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
Borough Council.
D.
All license applications and fees shall be submitted
to the office of the Borough Secretary/Treasurer 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 insuring 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 § 365-3. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 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 licensee or an employee of a licensee has:
A.
The Borough Code Enforcement Officer shall revoke a license if a cause of suspension in § 365-8 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 with 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; or
(6)
A licensee is delinquent to the Borough for any licensing
fees past due.
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 for revocation of any license, the applicant or
licensee may appeal pursuant to the local agency law 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/Treasurer
within 10 days from the date of mailing of the decision appeal from.
Failure to file said appeal with the Borough Secretary/Treasurer within
10 days from the date of 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 or 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.
E.
Any person aggrieved by a decision of the Borough
Council may appeal to the Court of Common Pleas of Indiana County,
Pennsylvania. 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.
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 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 certifies 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 obstructed view from the manager's station
of every area of the premises to which any patron is permitted access
for any purpose excluding rest rooms. Rest rooms 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 a 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 five
footcandles as measured at the floor level.
(8)
It shall be the duty of the licensees to ensure that
the illumination described above as maintained at all times 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 commits a violation of this chapter if the
person acts as an escort or agrees to act as an escort for any person
under the age of 18 years.
C.
A person commits 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 place violations.
(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; or
(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 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
who, knowingly or intentionally, in a sexually oriented business,
appears in a seminude condition unless the person is an employee who
while seminude shall be at least 10 feet from any patron or customer
and on a state at least two feet from the floor.
C.
It shall be a violation of this chapter for an employee,
while 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 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.
No sexually oriented business shall be open
for business before 10:00 a.m., Monday through Saturday, or after
10:00 p.m., Monday through Saturday. Sexually oriented businesses
shall be closed at all times Sundays and legal holidays.
A.
It is a defense to prosecution under § 365-14 that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school licensed by the Commonwealth
of Pennsylvania, a college, junior college, or university supported
entirely or partly by taxation; and
(2)
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
(3)
In a structure:
(a)
Which has no sign visible from the exterior
of the structure advertising that indicates a nude person is available
for viewing; and
(b)
In order to participate in a class a student
must enroll at least three days in advance of the class; and
(c)
No more than one nude model is on the premises
at any time.
A.
Any person, firm, or corporation who violates or permits
the violation of the provisions of this chapter or the rules and regulations
approved and hereinafter adopted shall be punishable by a fine of
not more than $300 and/or imprisonment for not more than 90 days for
each violation. Whenever such person shall have been officially notified
by the Borough that person 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 attorneys' fees incurred by the Borough in connection with
any civil enforcement proceedings brought to enforce this chapter.[1]
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.
