[Added 5-1-1991 by Ord. No. 1447]
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-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-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.
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.
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
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.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in the state of nudity;
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.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, 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;
Offers sleeping rooms for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
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.
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.
The Borough of Lansdale.
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 additions of any sexually oriented business
to any other existing sexually oriented business; or
The relocation of any sexually oriented business.
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.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast
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.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
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.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following;
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on May 1, 1991.
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, 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:
A.Â
Any person who operates a sexually oriented business
without a valid permit issued by the Borough is guilty of a violation
of this chapter of the Borough Code.
B.Â
An application for a permit to operate a sexually
oriented business must be made on a form provided by the Zoning Officer
of the Borough. The application must be accompanied by 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 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.
C.Â
The applicant must be qualified according to the provisions
of this chapter, and the premises must be inspected and found to be
in compliance with the laws by the Code Enforcement Department, the
Fire Marshal and the Zoning Officer.
D.Â
If a person who wishes to operate a sexually oriented
business is an individual, he must sign the application for a permit
as applicant. If the person who wishes to operate a sexually oriented
business is other than an individual, each individual who has ten-percent
or greater interest in the business must sign the application for
a permit as applicant. If a corporation is listed as owner of a sexually
oriented business or as the entity which wishes to operate such a
business, each individual having a direct or indirect interest of
10% or greater in the corporation must sign the application for a
permit as applicant.
E.Â
The fact that a person possesses other types of Borough
permits does not exempt the person from the requirement of obtaining
a sexually oriented business permit.
A.Â
The Borough Zoning Officer shall approve the issuance
of a permit to an applicant within 30 days after receipt of an application
unless he finds one or more of the following to be true:
(1)Â
An applicant is under 18 years of age.
(2)Â
An applicant or an applicant's spouse is overdue
in his payment to the Borough of taxes, fees, fines or penalties assessed
against him or imposed upon him in relation to a sexually oriented
business.
(3)Â
An applicant has failed to provide information
reasonably necessary for issuance of the permit or has falsely answered
a question or request for information on the application form.
(4)Â
An applicant is residing with a person who has
been denied a permit by the Borough to operate a sexually oriented
business within the preceding 12 months, or residing with a person
whose license to operate a sexually oriented business has been revoked
within the preceding 12 months.
(5)Â
The premises to be used for the sexually oriented
business have been reviewed and have been disapproved by either the
Code Enforcement Department, the Fire Marshal or the Zoning Officer
as not being in compliance with applicable laws and ordinances.
(6)Â
The permit fee required by this article has
not been paid.
(7)Â
An applicant of the proposed establishment is
in violation of or is not in compliance with any of the provisions
of this article.
(8)Â
An applicant, if an individual; any individual
holding a direct or indirect interest of more than 10% of the corporation;
or any of the officers and directors, if the applicant is a corporation;
or any of the partners, including limited partners, if the applicant
is a partnership; or the manager or other person in charge of the
operation of the business has been convicted of an offense involving
sexual misconduct within the Commonwealth of Pennsylvania or convicted
of any offense in any jurisdiction other than the Commonwealth of
Pennsylvania that would have constituted an offense involving sexual
misconduct if committed within the Commonwealth of Pennsylvania.
B.Â
The permit, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date and the addresses of the sexually oriented business. The permit
shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that it may be easily read at any
time.
C.Â
The Code Enforcement Department, the Fire Marshal
and the Zoning Officer shall complete their certification that the
premises is in compliance within 20 days of receipt of the application
by the Zoning Officer. The certification shall be promptly presented
to the Zoning Officer.
The annual fee for a sexually oriented business
permit is as set by resolution of the Borough Council.
A.Â
An applicant or permittee shall permit representatives
of the Police Department, Fire Marshal, Zoning Officer, Code Enforcement
Department or other Borough departments or agencies to inspect the
premises of a sexually oriented business for the purpose of ensuring
compliance with the law at any time that the sexually oriented business
is occupied or open for business.
B.Â
A person who operates a sexually oriented business
or his agent or employee violates this chapter of the Borough Code
if he refuses to permit such lawful inspection of the premises at
any time it is occupied or open for business.
A.Â
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 405-2804. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
B.Â
After the Borough Zoning Officer denies renewal of
a license, the applicant shall not be issued a permit for one year
from the date of denial, except that after 90 days have elapsed since
the date of denial, the applicant may be granted a permit if the Zoning
Officer finds that the basis for denial of the renewal permit has
been corrected or abated.
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.Â
Violated or is not in compliance with any section
of this article.
B.Â
Engaged in excessive use of alcoholic beverages while
on the sexually oriented business premises.
C.Â
Refused to allow an inspection of the sexually oriented
business premises as authorized by this article.
D.Â
Knowingly permitted gambling by any person on the
sexually oriented business premises.
A.Â
The Zoning Officer shall revoke a permit if a cause of suspension set forth in § 405-2808 occurs and the permit has been suspended within the preceding 12 months.
B.Â
The Zoning Officer shall revoke a permit if he determines
that:
(2)Â
A permittee gave false or misleading information
in the material submitted to the Borough during the application process.
(3)Â
A permittee or an employee of a permittee has
knowingly allowed possession, use or sale of controlled substances
on the premises.
(4)Â
A permittee or an employee of a permittee has
knowingly allowed prostitution on the premises.
(5)Â
A permittee or an employee of a permittee knowingly
operated the sexually oriented business during a period of time when
the permittee's permit was suspended.
(6)Â
A permittee or an employee of a permittee knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation
or other sexual conduct to occur in or on the permitted premises.
(7)Â
A permittee is delinquent in payment to the
Borough or state for any taxes due or fees past due.
C.Â
When the Zoning Officer revokes a permit, the revocation
shall continue for one year, and the permittee shall not be issued
a sexually oriented business permit for one year from the date revocation
became effective. If, subsequent to revocation, the Zoning Officer
finds the basis for the revocation has been corrected or abated, the
applicant may be granted a permit if at least 90 days have elapsed
since the date the revocation became effective.
D.Â
After denial of an application, or denial of a renewal
of an application, or suspension or revocation of a permit, the applicant
or licensee or permittee may seek prompt judicial review of such administrative
action in any court of competent jurisdiction. The administrative
action shall be promptly reviewed by the court.
A permittee shall not transfer his permit to
another person, nor shall a permittee operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
A.Â
A person is guilty of a violation of this chapter
if he operates or causes to be operated a sexually oriented business
outside of a district in which a sexually oriented business is a permitted
use. No sexually oriented businesses shall be located outside a district
in which a sexually oriented business is a permitted use.
B.Â
A person is guilty of a violation of this chapter
if he operates or causes to be operated a sexually oriented business
within 400 feet of a:
C.Â
A person is guilty of a violation of this chapter
if he causes or permits the operation, establishment, substantial
enlargement or transfer of ownership or control of a sexually oriented
business within 400 feet of another sexually oriented business.
D.Â
A person is guilty of a violation of this chapter
if he causes or permits the operation, establishment or maintenance
of more than one sexually oriented business in the same building,
structure or portion thereof; or the increase of floor areas of any
sexually oriented business in any building, structure or portion thereof
containing another sexually oriented business.
E.Â
For the purpose of this article, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as a part of the premises where a sexually oriented business
is conducted to the nearest property line of the premises of a church,
public or private preelementary, elementary or secondary school, public
library, child-care facility or nursery school or to the nearest boundary
of an affected public park or residential district.
F.Â
For the purpose of Subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
G.Â
Any sexually oriented business lawfully operating on May 1, 1991, that is in violation of Subsections A through F of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 400 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established businesses is nonconforming.
H.Â
A sexually oriented business lawfully operating as
a conforming use is not rendered a nonconforming use by the location,
subsequent to the grant or renewal of the sexually oriented business
permit, of a church, public or private preelementary, elementary or
secondary school, public library, child-care facility, nursery school,
public park or residential district within 400 feet of the sexually
oriented business. This provision applies only to the renewal of a
valid permit and does not apply when an application for a permit is
submitted after a permit has expired or has been revoked.
A.Â
A person who operates or causes to be operated a sexually
oriented business, other than an adult motel, which exhibits on the
premises in a viewing room of less than 150 square feet of floor space
a film or videocassette or other video or other image production or
reproduction which depicts specified sexual activities or specified
anatomical areas shall comply with the following requirements:
(1)Â
The application for a permit to operate a sexually
oriented business 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 Zoning Officer 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)Â
The application shall be sworn to be true and
correct by the applicant.
(3)Â
No alteration in the configuration or location
of a manager's station may be made without the prior approval of the
Zoning Officer or his designee.
(4)Â
It is the duty of the owners and operator of
the premises to ensure that at least one employee is on duty and situated
in each manager's station at all times that any patron is present
inside the premises.
(5)Â
The interior of the premises shall be configured
in such a manner that there is an unobstructed view from a 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 station. The view required in this
subsection must be a direct line of sight from the manager's station.
(6)Â
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the view area specified in Subsection A(5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and 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.
(7)Â
No viewing room may be occupied by more than
one person at any time.
(8)Â
The premises shall be equipped with an overhead
lighting fixture of sufficient intensity to illuminate every place
to which patrons are permitted access at an illumination of not less
than 1.0 footcandle as measured at the floor level.
(9)Â
It shall be the duty of the owners and operator,
and it shall also be the duty of any agents and employees present
in the premises, to ensure that the illumination described above is
maintained at all times that any person is present in the premises.
It is a defense to prosecution under §§ 405-2804 and 405-2811 that a person appearing in a state of nudity did so in a modeling class operated:
A.Â
By a proprietary school, licensed by the Commonwealth
of Pennsylvania, or a college, junior college or university supported
entirely or partly by taxation;
B.Â
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.Â
In a structure:
(1)Â
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)Â
Where, in order to participate in a class, a
student must enroll at least three days in advance of the class; and
(3)Â
Where no more than one nude model is on the
premises at any one time.
