[Adopted 9-14-1998 by Ord. No. 98-17]
A.
Purpose.
(1)
Pursuant to the authority granted in the Second Class
Township Code to prohibit nuisances; to promote the health, cleanliness,
comfort and safety of the citizens of Uwchlan Township; and to regulate
the time of opening and closing and the conduct of places of public
entertainment, amusement and recreation, the Township of Uwchlan enacts
this article to minimize and control the adverse effects of adult
entertainment business uses (also referred to hereinafter occasionally
as “adult entertainment 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 Board of Supervisors has determined that locational
criteria alone can not adequately protect the health, safety and general
welfare of the people of the Township and that licensing is a legitimate
and reasonable means of accountability to ensure that operators of
adult entertainment businesses comply with reasonable regulations
and to ensure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
(3)
The Board of Supervisors does not intend this article
to suppress any speech activities protected by the First Amendment
but to enact a content-neutral article which addresses the secondary
effects of adult entertainment businesses.
B.
Findings.
(1)
The Board of Supervisors finds and it adopts by reference
the adverse secondary effects of adult entertainment businesses presented
in hearings and in reports and adopted as part of Township Ordinance
No. 98-14, enacted September 14, 1998.[1]
[1]
Editor's Note: Ordinance No. 98-14 is included
in the Township Zoning Ordinance.
(2)
The finding noted in Subsection B(1) above raises substantial governmental concerns as do the following legislative findings:
(a)
Adult entertainment businesses have operational
characteristics which should be reasonably regulated in order to protect
those substantial governmental concerns.
(b)
A reasonable licensing procedure is an appropriate
mechanism to place the burden of that reasonable regulation on the
owners and the operators of the adult entertainment businesses. 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.
(c)
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.
(d)
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.
(e)
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.
(f)
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
article is designed to prevent or who are likely to be witnesses to
such activity.
(g)
The fact that an applicant for a license to
operate an adult entertainment business 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 article.
(h)
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.
(i)
The general welfare, health and safety of the
citizens of the Township will be promoted by the enactment of this
article.
A.
The defined terms in Uwchlan Township Ordinance No.
98-14, enacted September 14, 1998,[1] are hereby adopted by reference and include the definitions
of adult arcade; adult bookstore, adult novelty store or adult video
store; adult cabaret; adult motion-picture theater; adult theater;
employee; escort; escort agency; establishment; massage parlor, nude
model studio; nudity or a state of nudity; person; seminude or in
a seminude condition; sexual encounter center; sexually oriented business;
specified anatomical areas; specified sexual activities; and substantial
enlargement; provided, however, that any adult entertainment use existing
and in lawful operation within the Township of Uwchlan on the date
of enactment of this article shall be entitled, within 60 days of
said enactment, to register said use with the Township Zoning Officer
as a lawful preexisting use, and, as so registered, said use shall
not be subject to the provisions of this article.
[1]
Editor's Note: Ordinance No. 98-14 is included
in the Township Zoning Ordinance.
B.
KNOWINGLY
(1)
(2)
LICENSEE
SPECIFIED CRIMINAL ACTIVITY
(1)
(2)
(a)
(b)
(c)
(3)
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ENTERTAINMENT BUSINESS
(1)
(2)
(3)
As used in this article, the following words and phrases
shall have the meanings indicated, unless the context clearly indicates
a different meaning:
General knowledge of, or reason to know, or a belief or grounds
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 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,
the person in whose name a license has been issued authorizing employment
in an adult entertainment business.
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 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.
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 article;
(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 article; 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 article.
B.
An application for a license must be made on a form
provided by the Township, which shall include authorization to release
the information contained therein to other agencies and/or departments
for verification, investigation, and supplementation.
C.
All applicants must be qualified according to the
provisions of this article. 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 article.
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 [including, in the case of any name change: the former
name, date and jurisdiction of the order effectuating the change and
the reason(s) for the change] 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 stockholders controlling
20% or more of the outstanding shares, 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 adult entertainment
business under a name other than that of the applicant, he or she
must state the adult entertainment 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 article, and, if so, the specified criminal activity
involved, and 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 article 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
article 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 article 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 date, issuing state, and permit number of
the applicant's driver's license, social security number, and his
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. NOTE: All requirements of the Uwchlan Township
Zoning Ordinance, Subdivision and Land Development Ordinance, the
Building Code,[1] the Firesafety Code,[2] and all other applicable codes, ordinances, and regulations
must be met in addition to the requirements of this article before
the issuance of any building or other permit.
(12)
A certified straight-line drawing, prepared
within 30 days prior to application by a registered land surveyor,
depicting the property lines of the property to be certified and:
(a)
Any of the following located within 400 feet
of the property to be certified:
[1]
A church, synagogue, mosque, temple or building
which is used regularly for religious worship and related religious
activities.
[2]
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, 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.
[3]
A licensed premises licensed pursuant to the
alcoholic beverage control regulations of the Commonwealth of Pennsylvania.
[4]
Any other adult entertainment use.
(b)
Any of the following located within 800 feet
of the property to be certified:
[1]
A boundary of a residential district, as defined
in the Uwchlan Township Zoning Code or any property devoted to a residential
us.
(c)
Any of the following located within 500 feet
of the property to be certified:
[1]
A public park or recreational area which has
been designated for park or recreational activities, including but
not limited to parks, playgrounds, nature trails, swimming pools,
reservoirs, athletic fields, 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 a Township,
county, state, or United States park and recreation authority.
[2]
An entertainment business which is oriented
primarily towards children and family entertainment.
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
any former or "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
and 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 the Township's 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,
the name of the issuing or denying jurisdiction and a description
in full of the reason for the denial, revocation, or suspension shall
be provided. 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 article, and,
if so, the specified criminal activity involved and the date, place
and jurisdiction of each.
H.
Each application form issued pursuant to this section
shall require notarization of all signatures thereto and shall contain
the continuing obligation on the part of the applicant to immediately
notify the issuer in the event that any of the information submitted
in support of the application should change or no longer represent
the full and complete truth.
A.
Upon the filing of said application in a fully completed
form for an adult entertainment business employee license or an adult
entertainment business license, the application shall 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.
This investigation may include such further interview with the applicant(s)
as the investigator may require to resolve any inconsistencies discovered
during the investigation within the application itself or with respect
to the information contained in the application and other information
revealed by the investigation.
(1)
The application process shall be completed within
45 days from the date the completed application is filed. After the
investigation, the Township shall issue an adult entertainment business
employee license, unless it is determined by a preponderance of the
evidence that one or more of the following findings is true:
(a)
The applicant has failed to provide information
reasonably necessary for issuance of the license, has failed to provide
valid documentation when required, or has falsely answered a question
or request for information on the application form;
(b)
The applicant or a person with whom 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 or property;
(c)
The applicant is under the age of 18 years;
(d)
The applicant has been convicted of a specified
criminal activity, as defined in this article;
(e)
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 article;
(f)
The applicant has had an adult entertainment
business employee license revoked by the Township within two years
of the date of the current application;
(g)
The license fee required by this article has
not been paid; and/or
(h)
The applicant or the proposed establishment
is in violation of or is not in compliance with any of the provisions
of this article.
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 article, 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 as set forth in § 77-13 hereinbelow.
C.
Within 45 days after receipt of a complete adult entertainment
business license application, the Township shall approve or deny the
issuance of a license to an applicant.
(1)
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:
(a)
An applicant is under 18 years of age;
(b)
An applicant or a person with whom 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 or property;
(c)
An applicant has failed to provide information
reasonably necessary for issuance of the license, has failed to provide
valid documentation where required, or has falsely answered a question
or request for information on the application form;
(d)
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 his/her
license to operate an adult entertainment business has been revoked
within the preceding 12 months;
(e)
An applicant or a person with whom the applicant
is residing has been convicted of a specified criminal activity, as
defined in this article;
(f)
The premises to be used for the adult entertainment
business is in violation of the locational criteria contained in this
article or has not been approved by the Fire Marshal and the Building
Official as being in compliance with all applicable codes, regulations,
and ordinances;
(g)
The license fee required by this article has
not been paid; and/or
(h)
An applicant or the proposed establishment is
in violation of or is not in compliance with any of the provisions
of this article.
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.
If requested to do so by the investigator, the Fire
Marshal and the Building Official shall determine whether the premises
is in compliance or not in compliance and shall so certify to the
investigator within 30 days of receipt of the investigator's request.
F.
An adult entertainment business license shall issue
for the specific classification of adult entertainment use as permitted
by ordinance and for which proper application has been made.
The applicable fees for initial and renewal
license applications for adult entertainment businesses and employees
shall be as promulgated from time to time by the Uwchlan Township
Board of Supervisors by resolution. All license applications and fees
shall be submitted to the Township Manager.
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 ensuring compliance with the law.
B.
A person who operates an adult entertainment business
or his agent or employee commits a violation of this article if he
refuses to permit such lawful inspection of the premises.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 77-11 above. Application for renewal shall be made at least 60 days before the expiration date; and when made less than 60 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.
A.
The Township may suspend or revoke a license, at the
discretion of the Board of Supervisors, if it determines that:
(1)
A licensee or an employee of a licensee has violated
or is not in compliance with any provision of this article;
(2)
A licensee or an employee of a licensee has refused
to allow an inspection of the adult entertainment business premises
as authorized by this article;
(3)
A licensee or an employee of a licensee has knowingly
permitted gambling by any person on the adult entertainment business
premises;
(4)
A licensee gave false or misleading information in
the material submitted during the application process;
(5)
A licensee has knowingly allowed possession, use,
or sale of controlled substances on the premises;
(6)
A licensee has knowingly allowed or repeatedly permitted,
with or without knowledge, prostitution on the premises;
(7)
A licensee knowingly operated the adult entertainment
business during a period of time when the licensee's license was suspended;
(8)
A licensee has knowingly allowed or repeatedly permitted,
with or without knowledge, any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sex act to occur in or on
the licensed premises; or
(9)
A licensee is delinquent in payment to the Township,
county or state of any taxes or fees past due.
B.
When the Township revokes a license, the revocation
shall continue for one year, and the licensee shall not be issued
an adult entertainment business license for one year from the date
the revocation became effective.
C.
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 judicial review of such administrative
action in any court of competent jurisdiction. The administrative
action shall be reviewed by the court as the decision of a local governmental
agency.
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 article if that
person operates or causes to be operated an adult entertainment business
in any zoning district other than PI Planned Industrial District,
as defined and described in the Uwchlan Township Zoning Ordinance.
B.
A person commits a violation of this article if the
person operates or causes to be operated an adult entertainment business:
(1)
Within 400 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, 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.
(c)
A licensed premises licensed pursuant to the
alcoholic beverage control regulations of the Commonwealth of Pennsylvania.
(d)
Any other adult entertainment use.
(2)
Within 800 feet of a boundary of a residential district,
as defined in the Township Zoning Code or a property devoted to a
residential use.
(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 parks, playgrounds, nature trails, swimming pools,
reservoirs, athletic fields, 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 a Township,
county, state, or United States park and recreation authority.
(b)
An entertainment business which is oriented
primarily towards children or family entertainment.
C.
A person commits a violation of this article 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.
D.
A person commits a violation of this article 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.
E.
For the purpose of Subsection B of this section, 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 B of this section. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
F.
For purposes of Subsection C of this section, 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 nude model studio shall not employ any person under
the age of 18 years.
B.
A person under the age of 18 years commits a violation
of this article if the person appears seminude or in a state of nudity
in or on the premises of a nude model studio. It is a defense to prosecution
under this subsection if the person under 18 years was in a rest room
not open to public view or visible to any other person.
C.
A person commits a violation of this article 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.
A.
It shall be a violation of this article 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 article for a person
to knowingly or intentionally appear in an adult entertainment business
in a seminude condition unless the person is an employee who, while
seminude, shall be at least two feet from any patron.
C.
It shall be a violation of this article 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 article
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.
It is a defense to prosecution under § 77-21 above that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the Commonwealth
of Pennsylvania, or a college, junior college, or university supported
entirely or partly by taxation;
B.
By a private college or university which maintains
and operates educational programs in which credits are transferable
to a college, junior college, or university supported entirely or
partly by taxation; or
C.
In a structure which has no sign visible from the
exterior of the structure and no other advertising that indicates
a nude person is available for viewing.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution, and
reasonable attorneys' fees. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense.
