[HISTORY: Adopted by the Board of Supervisors of the Township of
Lawrence 2-6-2007 by Ord. No. 2007-02.
Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 79.
Zoning — See Ch. 125.
A.
Purpose. Pursuant to the authority granted in the Second
Class Township Code[1] to prohibit nuisances; and to promote the health, cleanliness,
comfort and safety of the citizens of Lawrence Township; and places of public
entertainment, amusement and recreation, Lawrence Township enacts this chapter
to minimize and control the adverse effects of adult entertainment businesses
and thereby protect the health, safety and welfare of its citizens; protect
the citizens' property values and character of surrounding neighborhoods;
and deter the spread of blight.
[1]
Editor's Note: See 53 P.S. § 65 101 et seq.
B.
Findings. The Board of Supervisors finds:
(1)
Adult entertainment businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(2)
A reasonable licensing procedure is an appropriate mechanism
to place the burden of the reasonable regulation on the owners and the operators
of the adult entertainment business. Further, such a licensing procedure will
place a heretofore nonexistent incentive on the operators to see that the
adult entertainment 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 Township. It is appropriate to require reasonable assurances that the
licensee is the actual operator of the adult entertainment business, fully
in possession and control of the premises and activities occurring therein.
(3)
Removal of doors on adult booths and requiring sufficient
lighting on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring in
adult theaters.
(4)
Requiring licensees of adult entertainment 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 in such establishments.
(5)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance of the
adult entertainment business, where such information is substantially related
to the significant governmental interest in the operation of such uses, will
aid in preventing the spread of sexually transmitted diseases.
(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 an adult use 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
adult uses 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 Township will be promoted by the enactment of this chapter.
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
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 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, video cassettes or video reproductions, slides, 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 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, adult novelty or adult video store.
Such other business purposes will not serve to exempt such commercial establishments
from being categorized as an adult bookstore, adult novelty store 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 are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas.
A nightclub, bar, restaurant 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; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions 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 pictures, video cassettes, 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 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 or contracted basis, whether or not the person is
denominated an employee, independent contractor, agent or otherwise and whether
or not said person is paid a salary, wage or compensation by the operator
of said 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.
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
The relocation of any sexually oriented business.
Having general knowledge of, or reason to know, or a 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 persons;
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 an adult entertainment
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 an adult
entertainment business.
The showing of the human male or female genitals, pubic area, vulva,
anus, anal cleft or cleavage with less than a fully opaque covering, the showing
of the 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 discernibly turgid
state.
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
The state of dress in which clothing partially or opaquely covers
specified anatomical areas.
A business or commercial enterprise that, as one of its 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 discerniby turgid state, even if completely covered.
Any of the following offenses: prostitution or promotion of prostitution;
dissemination of obscenity; 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 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 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:
The increase in floor area occupied by the business by more than
25%, as the floor area exists on date of licensing.
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.
A.
It is unlawful:
(1)
For any person to operate an adult entertainment business
without a valid adult entertainment business license issued by the Township
pursuant to this chapter;
(2)
For any person who operates an adult entertainment business
to employ a person to work for the adult entertainment business who is not
licensed as an adult entertainment business employee by the Township pursuant
to this chapter; or
(3)
For any person to obtain employment with an adult entertainment
business without having secured an adult entertainment business employee license
pursuant to this chapter.
B.
Application for a license must be made on a form provided
by the Township.
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) as to enable the Township to determine
whether the applicant meets the qualifications established in this chapter.
D.
If a person who wishes to operate an adult entertainment
business is an individual, the person must sign the application for a license
as applicant. If a person who wishes to operate an adult entertainment business
is other than an individual, each individual who has a twenty-percent 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 an adult entertainment
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 state its complete
name, and the names 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 address of the registered office for service of process.
(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
adult entertainment business ordinance from another municipality or county
denied, suspended or revoked, including the name and location of the adult
entertainment 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 a person residing with the applicant has been a partner in a
partnership or an officer, director or principal stockholder of a corporation
that is licensed under this chapter whose license has previously been denied,
suspended or revoked, including the name and location of the adult entertainment
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 adult entertainment
business ordinance from another municipality or county and, if so, the names
and locations of such other licensed businesses.
(6)
The specific classification of adult entertainment use
license for which the applicant is filing.
(7)
The location of the proposed adult entertainment 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's permit number, Social Security
number, and or 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 certification and straight-line drawing, prepared
by a registered land surveyor within 30 days prior to application, depicting
the property lines, the property to be certified and any of the following:
(a)
Located within 1,000 feet of the property to be certified:
[1]
Any church, synagogue, mosque, temple or building which
is used primarily for religious activities;
[2]
Any public or private educational facility, including
but not limited to child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools, secondary
schools, continuation schools, special education schools, junior colleges,
and universities; school includes the school grounds but does not include
the facilities used primarily for another purpose and only incidentally as
a school;
[3]
Any licensed premises, licensed pursuant to the alcoholic
beverage control regulations of the Commonwealth of Pennsylvania;
[4]
Any other adult entertainment use;
(b)
Located within 800 feet: the boundary of any property
used for residential purposes;
(c)
Located within 500 feet: any public park or recreational
area which has been designated for park or recreational activities, including
but not limited to park, playground, nature trails, swimming pool, reservoir,
athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness
areas, or other similar public land within the Township which is under the
control, operation, or management of the Township park and recreation authorities;
(13)
If an applicant wishes to operate an adult entertainment business, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall also comply with the application requirements set forth in § 31-12.
F.
Before any applicant may be issued an adult entertainment
business employee license, the applicant shall submit, on a form to be provided
by the Township, the following information:
(1)
The applicant's name or any other name (including stage
names) or aliases used by the individual;
(2)
Age, and date and place of birth;
(3)
Height, weight and 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 an adult entertainment
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 fees 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 country, 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 such 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.
H.
Any and all adult entertainment businesses in operation
within the Township as of the effective date of this chapter must apply for
the required licenses and pay any applicable license fees under this chapter
within six months of the effective date of said chapter and, furthermore,
must come into full compliance with this chapter within one year of the effective
date of said chapter.
A.
Upon the filing of said application in a fully completed
form for an adult entertainment business employee license, the Township shall
issue a temporary license to said applicant. The application shall then be
referred to the appropriate Township official and/or consultant for an investigation
to be made on such information as is contained on the application. The application
process shall be completed within 30 days from the date the completed application
is filed. After the investigation, the Township shall issue a license, unless
it is determined by a preponderance of the evidence 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 question or
request 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 adult entertainment business employee license is
to be used for employment in a business prohibited by local or state law,
statute, rule or regulation, or prohibited by a particular provision of this
chapter; or
(5)
The applicant has had an adult entertainment business employee license revoked by the Township within two years of the date of the current application. If the adult entertainment business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 31-9.
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 Township 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. The renewal of the license shall be subject to the payment of the fee set forth in § 31-5.
C.
Within 30 days after receipt of a complete adult entertainment
business application, the Township shall approve or deny the issuance of a
license to an applicant. The Township shall approve the issuance of a license
to an applicant unless it is determined by a preponderance of the evidence
that one or more of the following findings is true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or a person with whom the applicant is residing
is overdue in payment to the Township of taxes, fees, fines, or penalties
assessed against or imposed upon him/her in relation to any business.
(3)
An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question or
request for information on the application form.
(4)
An applicant or a person with whom the applicant is residing
has been denied a license by the Township to operate an adult entertainment
business within the preceding 12 months or whose license to operate an adult
entertainment business has been revoked within the preceding 12 months.
(5)
An applicant or a person with whom the applicant is residing
has been convicted of a specified criminal activity defined in this chapter.
(6)
The premises to be used for the adult entertainment business
has not been approved by the Fire Marshal and the building official as being
in compliance with applicable laws and ordinances.
(7)
The license fee required by this chapter has not been
paid.
(8)
An applicant of the proposed establishment is in violation
of or is not in compliance with any of the provisions of this chapter.
D.
The license, if granted shall state on its face the name
of the person or persons to whom it is granted, the expiration date, the address
of the adult entertainment business and the specific classification of adult
entertainment use for which the license is issued. All licenses shall be posted
in a conspicuous place at or near the entrance to the adult entertainment
business so that they may be easily read at any time.
E.
The Fire Marshal and the building official shall complete
their certification that the premises is in compliance or not in compliance
within 20 days of receipt of the application by the Township.
F.
An adult entertainment business license shall be issued
for the specific classification of adult entertainment use as permitted by
ordinance and applied for.
A.
Every application for an adult entertainment business
license (whether for a new license or for renewal of an existing license)
shall be accompanied by a nonrefundable application and investigation fee
of $500.
B.
In addition to the application and investigation fee
required above, every adult entertainment business that is granted a license
(new or renewal) shall pay the Township an annual nonrefundable license fee
of $200, payable upon license issuance or renewal.
C.
Every application for an adult entertainment 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 of $50.
D.
All license applications and fees shall be submitted
to Lawrence Township, Clearfield County, Municipal Office.
A.
An applicant or licensee shall permit representatives
of the Township, including the Fire Marshal, Zoning Officer, or other official
and/or consultant to inspect the premises of an adult entertainment 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 an adult entertainment business
or his/her agent or employee commits a violation of this chapter if he/she
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 § 31-3. 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 Township 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 Township 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 Township shall suspend a license for a period of not to exceed 30
days if it determines that a license or an employee of a licensee has:
A.
The Township shall revoke a license if a cause of suspension in § 31-8 occurs and the license has been suspended within the preceding 12 months.
B.
The Township shall revoke a license if it 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 adult entertainment
business during a period of time when 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 licensed premises; or
(6)
A licensee is delinquent in payment to the Township,
county or state for any taxes or fees past due.
C.
When the Township revokes a license, the revocation shall
continue for one year, and the licenses shall not be issued an adult entertainment
business license for one year from the date the revocation became effective.
If, subsequent to revocation, the Township 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.
After denial of an application, or denial of a renewal
of an application, or suspension or revocation of any license, the applicant
or licensee may seek prompt judicial review of such administrative action
in any court of competent jurisdiction. The administrative act shall be promptly
reviewed by the court.
A licensee shall not transfer his/her license to another, nor shall
a licensee operate an adult entertainment business under the authority of
a license at any place other than the address designated in the application.
A.
A person commits a violation of this chapter if the person
operates or causes to be operated an adult entertainment business:
(1)
Within 1,000 feet of:
(a)
A church, synagogue, mosque, temple or building which
is used primarily for religious worship and related religious activities.
(b)
A public or private educational facility, including but
not limited to child day-care facilities, nursery schools, preschools, kindergartens,
elementary schools, private schools, intermediate schools, junior high schools,
middle schools, high schools, special education schools, junior colleges,
and universities; school includes the school grounds but does not include
the facilities used primarily for another purpose and only incidentally as
a school;
(c)
A licensed premises, licensed pursuant to the alcoholic
beverage control regulations of the Commonwealth of Pennsylvania;
(d)
Any other adult entertainment use; or
(2)
Within 800 feet of the boundary of any property used
for residential purposes; or
(3)
Within 500 feet of:
(a)
A public park or recreational area which has been designated
for park or recreational activities, including but not limited to a park,
playground, nature trail, swimming pool, reservoir, athletic field, basketball
or tennis courts, pedestrian/bicycle paths, wilderness area, or other similar
public land within the Township which is under the control, operation or management
of the Township park and recreation authorities; or
(b)
An entertainment business which is oriented primarily
towards children or family entertainment.
B.
A person commits a violation of this chapter if that
person causes or permits the operation, establishment, substantial enlargement,
or transfer of ownership or control of an adult entertainment business within
1,000 feet of another adult entertainment use.
C.
A person commits a violation of this chapter if that
person causes or permits the operation, establishment, or maintenance of more
than one adult entertainment business in the same building, structure, or
portion thereof, or the increase of floor area of any adult entertainment
business in any building, structure, or portion thereof, containing another
adult entertainment business.
D.
For the purpose of Subsection A of this § 31-11, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult entertainment business is conducted, to the nearest property line of the premises of a use listed in Subsection A. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this § 31-11.
E.
For the purpose of Subsection B of this § 31-11, the distance between any two adult entertainment businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
A.
A person who operates or causes to be operated an adult
entertainment business which exhibits on the premises, in a viewing room or
booth of less than 150 square feet of floor space, a film, video cassette,
live entertainment, or other video reproduction which depicts specified sexual
activities or specified anatomical areas shall comply with the following requirements:
(1)
Upon application for an adult entertainment 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 the interior of the premises to an accuracy
of plus or minus six inches. The Township 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)
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Township.
(4)
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.
(5)
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 restrooms. Restrooms 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.
(6)
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all time, 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)
No viewing room may be occupied by more than one person
at any time.
(8)
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.
(9)
It shall be the duty of the licensees to ensure that
the illumination described above is maintained at all times that any patron
is present in the premises.
(10)
No license shall allow openings of any kind to exist
between viewing rooms or booths.
(11)
No person shall make or attempt to make an opening of
any kind between viewing booths or rooms.
(12)
The licensee shall, during each business day, regularly
inspect the walls between the viewing booths to determine if any openings
or holes exist.
(13)
The licensee shall cause all floor coverings in viewing
booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14)
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.
It shall be a violation of this chapter for a person
who knowingly and intentionally, in an adult entertainment business, appears
in a state of nudity or depicts specified sexual activities.
B.
It shall be a violation of this chapter for a person
who knowingly or intentionally in an adult entertainment 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 stage at least
two feet from the floor.
C.
It shall be a violation of this chapter for an employee,
while seminude in an adult entertainment 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 an adult entertainment
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 an adult entertainment
business.
No adult entertainment business may remain open at any time between
the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and 1:00 a.m.
and 12:00 noon on Sundays.
Any person, partnership or corporation who or which has violated any
provision of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township, pay a judgment of not more
than $500 plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant to the
applicable rule of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the District Justice determining that
there has been a violation further determines that there was a good-faith
basis for the person, partnership or corporation violating the ordinance to
have believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice, and
thereafter each day that a violation continues shall constitute a respective
violation.
