[Adopted 3-10-1999 by Ord. No. 513]
A.
Purpose.
(1)
Pursuant to the authority granted in the Borough Code
to prohibit nuisances; to promote the health, cleanliness, comfort and safety
of the citizens of the Borough of Freedom; to define and prohibit disorderly
practices; to regulate buildings and to regulate the time of opening and closing
and the conduct of places of public entertainment, amusement and recreation,
the Borough of Freedom enacts this article to minimize and control the adverse
secondary effects of sexually oriented businesses and thereby protect the
health, safety and welfare of its citizens; protect the citizens from increased
crime; preserve the quality of life; preserve the property values and character
of surrounding neighborhoods; and deter the spread of blight.
(2)
The Borough Council has determined that locational criteria
alone does not adequately protect the health, safety and general welfare of
the people of the borough and that licensing is a legitimate and reasonable
means of accountability to ensure that operators of sexually oriented 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.
B.
Legislative findings.
(1)
Sexually oriented businesses have adverse secondary effects,
which secondary effects should be regulated to protect the public health,
safety and welfare. These secondary effects include, but are not limited to,
the spread of communicable diseases, performance of sexual acts in public
places, presence of discarded sexually oriented materials on public and private
property, sexual harassment, obscenity, prostitution and other illegal sexual
activities, crime and neighborhood deterioration.
(2)
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and the operators
of the sexually oriented businesses. Further, such a licensing procedure will
place a heretofore nonexistent incentive on the operators to see that the
sexually oriented business is run in a manner consistent with the health,
safety and welfare of its patrons and employees, as well as the citizens of
the borough. It is appropriate to require reasonable assurances that the licensee
is the actual operator of the sexually' oriented business, fully in possession
and control of the premises and activities occurring therein.
(3)
Removal of doors on viewing booths and requiring sufficient
lighting on premises with viewing booths advances a substantial governmental
interest in discouraging the illegal and unsanitary sexual activity occurring
in adult theaters.
(4)
Requiring licensees of sexually oriented businesses to
keep information regarding current employees and certain past employees will
help reduce the incidents 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
sexually oriented business limits the adverse secondary effects of such businesses.
(6)
It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this article is designated to prevent
or who are likely to be witnesses to such activity.
(7)
The fact that an applicant for a sexually oriented business
license has been convicted of a sexually related crime leads to the rational
assumption that the applicant is likely to engage in that conduct in contravention
of this article.
(8)
The barring of such individuals from the management of
sexually oriented businesses for a period of years serves as a deterrent to
and prevents conduct which leads to the transmission of sexually transmitted
diseases.
(9)
The general welfare, health and safety of the citizens
of the borough will be promoted by the enactment of this article.
(10)
Limitation of operating hours of sexually oriented businesses
to 10:00 a.m. to 10:00 p.m., Mondays through Saturday, and closure of such
businesses on Sundays and holidays reduces the adverse secondary effects of
such businesses, including particularly, but not limited to, late night noise
levels, crime and sexually offensive materials and activities in public areas
and promotes the public health, safety and welfare.
As used in this article, 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 whereon coin-operated,
slug-operated or for any form of consideration or electronically, electrically
or mechanically controlled still or motion picture machines, projectors, video
or lager disc players or other image-producing devices are maintained, not
located within viewing booths, to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual activities
or specified anatomical areas.
A commercial establishment which, as one of its substantial business
activities, offers for sale or rental for any 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, CD
ROM discs or other computer software or other visual representations which
are characterized by the depiction or description of specified sexual activities
or specified anatomical areas.
Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities.
A nightclub, bar, restaurant or other commercial establishment which
regularly features:
Persons who appear in a state of nudity or seminudity.
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
Films, motion pictures, video cassettes, slides or other photographic
reproductions or visual presentations of any other kind which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions
or visual presentations of any kind are regularly shown which are characterized.
by the depiction or description of specified sexual activities or specified
anatomical areas.
A theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity or seminudity
or live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
A person who performs any service on the premises of a sexually oriented
business on a full-time, part-time or contract basis, whether or not the person
is denominated an employee, independent contractor, agent or otherwise and
whether or not said person is paid a salary, wage or other 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.
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, or any sexually oriented business.
The addition of any sexually oriented business to any other existing
sexually oriented business or to a nonsexually oriented business.
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, or both of:
The character and content of any material or performance described herein
which is reasonably susceptible of examination by a licensee or person.
The age of the minor; provided, however, that an honest mistake shall
constitute an excuse from liability hereunder if the licensee or person made
a reasonable bona fide attempt to ascertain the true age of such minor.
A person in whose name a license to operate a sexually oriented business
has been issued, as well as the individual listed as an applicant on the application
for a license; and, in the case of an employee, a person in whose name a license
has been issued authorizing employment in a sexually oriented business.
Any place where a person who appears seminude, in a state of nudity
or who displays specified anatomical areas and is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted by
other persons who pay money or any form of consideration. Nude model studio
shall not include a proprietary school licensed by the Commonwealth of Pennsylvania
or a college, junior 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 in a structure:
That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or seminude person is available for viewing.
Where, in order to participate in a class, a student must enroll at
least three days in advance of the class.
Where no more than one nude or seminude model is on the premises at
any one time.
The showing of the human male or female genitals, 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 discernably turgid
state.
An individual, proprietorship, partnership, corporation, association
or other legal entity.
The state of dress in which the clothing partially or nonopaquely
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 discernably turgid state, even if completely covered.
Any of the following offenses:
Prostitution or promotion of prostitution; dessemination 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:
Fewer 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;
Fewer 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
Fewer 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 an applicant or a person residing
with the applicant.
Any of the following:
Of a sexually oriented business 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.
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.
Booths, stalls, partitioned portions of a room, rooms or other enclosures
which are available for viewing films, movies, videos or visual reproductions
of any kind depicting or describing specified sexual activities or specified
anatomical areas, or persons who appear in a state of nudity or seminudity
or who offer performances or presentations characterized by the exposure of
specified anatomical areas or by specified sexual activities.
A.
It is unlawful:
(1)
For any person to operate a sexually oriented business
without a valid sexually oriented business license issued by the borough pursuant
to this article.
(2)
For any person who operates a sexually oriented business
to employ a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the borough pursuant to this article.
(3)
For any person to obtain employment with a sexually oriented
business without having secured a sexually oriented business employee license
pursuant to this article.
(4)
For any person to continue to operate any sexually oriented
business in operation at the time of enactment of this article without a valid
sexually oriented business license pursuant to this article.
(5)
For any person who operates a sexually oriented business
in operation at the time of enactment of this article to employ a person to
work for the sexually oriented business who is not licensed as a sexually
oriented business employee by the borough pursuant to this article.
B.
An application for a license must be made on a form provided
by the borough.
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 borough to determine
whether the applicant meets the qualifications established in this article.
D.
If a person who wishes to operate a sexually oriented
business is an individual, the person must sign the application for a license
as an applicant. If a person who wishes to operate a sexually oriented 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 subsection, and each
applicant shall be considered a licensee if a license is granted.
E.
The completed application for a sexually oriented business
license shall contain the following information and shall be accompanied by
the following documents:
(1)
If the applicant is:
(a)
An individual, the individual shall state his/her legal
name and any aliases and submit proof that he/she is at least 18 years of
age.
(b)
A partnership, the partnership shall state its complete
name, and the name of all partners, whether the partnership is general or
limited and a copy of the partnership agreement, if any.
(c)
A corporation, the corporation shall state its complete
name, the date of its incorporation, evidence that the corporation is in good
standing under the laws of its state of incorporation and qualified and authorized
to conduct business in Pennsylvania, the names and capacity of all officers,
directors and principal stockholders, and the name of the registered corporate
agent and the address of the registered office for service of process.
(2)
If the applicant intends to operate the sexually oriented
business under a name other than that of the applicant, he/she must state
the sexually oriented business fictitious name and submit the required registration
documents.
(3)
Whether the applicant or a person residing with the applicant
has been convicted of a specified criminal activity as defined in this article
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 article or other similar sexually oriented
business ordinance from another municipality, state or county denied, suspended
or revoked, including the name and location of the sexually oriented business
for which the permit was denied, suspended or revoked, as well as the date
of the denial, suspension or revocation, and whether the applicant or 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 sexually oriented business for which
the permit was denied, suspended or revoked, as well as the date of denial,
suspension or revocation.
(5)
Whether the applicant or a person residing with the applicant
holds any other licenses under this article or other similar sexually oriented
business ordinance from another municipality, state or county and, if so,
the names and locations of such other licensed businesses.
(6)
The specific classification of sexually oriented use
for which the applicant is filing.
(7)
The location of the proposed sexually oriented business,
including a legal description of the property, street address and telephone
number(s), if any.
(8)
The applicant's mailing address 'and residential
address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's permit number, Social
Security number and his/her state or federally issued tax identification number.
(11)
A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the business.
The sketch or diagram need not be professionally prepared, but it must be
drawn to a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six inches.
(12)
A current certificate and straight-line drawing prepared
within 30 days prior to application by a registered land surveyor depicting
the property lines of the property to be certified.
(13)
If an applicant wishes to operate a sexually oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 140-28 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(14)
The application form shall inform the applicant that
separate applications are required for any necessary zoning permits, subdivision
and land development approvals or building and occupancy permits and that
the applicant may apply for such permits by contacting the Borough Building
Officer and that Department of Labor and Industry approval is required.
F.
Before the applicant may be issued a sexually oriented
business employee license, the applicant shall submit on a form to be provided
by the borough the following information:
(1)
The applicant's name or any other name, including
stage names, or aliases used by the individual.
(2)
Age, date and place of birth.
(3)
Height, weight, hair and eye color.
(4)
Present residence address and telephone number.
(5)
Present business address and telephone number.
(6)
Date, issuing state and number of driver's license
or other identification card information.
(7)
Social Security number.
(8)
Proof that the individual is at least 18 years of age.
G.
Attached to the application form for a sexually oriented
business employee license, as provided above, shall be the following:
(1)
A color photograph of the applicant clearly showing the
applicant's face and the applicant's fingerprints on a form provided
by any police department. Any 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 or denial, revocation or suspension shall be attached
to the application.
(3)
A statement as to whether the applicant has been convicted
of a specified criminal activity defined in this article and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each.
A.
Upon the filing of said application in a fully completed
form for a sexually oriented business license or for a sexually oriented business
employee license, the application shall then be referred to the Borough Chief
of Police for review and investigation. Reference to the Borough Chief of
Police herein shall include any designee of the Chief of Police. The Borough
Chief of Police shall utilize any available resources through the Pennsylvania
State Police, the Commonwealth of Pennsylvania and/or other law enforcement
agencies as may be necessary to complete the review and investigation required
by this article. Within 30 days from the date the completed application is
filed, the Chief of Police shall issue a license, unless it is determined
by the Chief of Police 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.
(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 article.
(4)
The sexually oriented 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.
(5)
The applicant has had a sexually oriented business employee license revoked by the borough within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously 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 § 140-26.
(6)
The required application, investigation and license fee
have not been paid.
(7)
An applicant's license to operate a sexually oriented
business, issued by any jurisdiction, has been revoked within the preceding
12 months.
(8)
The proposed sexually oriented business 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 Borough Chief of Police 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 § 140-22.
C.
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 sexually oriented business and the specific classification
of sexually oriented use for which the license is issued. Licenses for sexually
oriented businesses shall state that the sexually oriented business shall
not commence until all necessary zoning, subdivision and land development,
and/or building code approvals and Department of Labor and Industry approvals
are obtained. All licenses shall be posted in a conspicuous place at or near
the entrance to the sexually oriented business so that they may be easily
read at any time.
D.
Applications for building and occupancy permits shall
be processed and either denied or approved within 30 days of a complete application
by the borough.
E.
A sexually oriented business license shall issue for
the specific classification of sexually oriented use as permitted by ordinance
and applied for.
G.
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Borough Council. The Borough Council shall then hold a Local Agency Law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Borough Council may be taken to court subject to § 140-26E of this article.
A.
Every application for a sexually oriented business license
(whether for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee in an amount
set by resolution of the Borough Council.
B.
In addition to the application and investigation fee
required above, every sexually oriented business that is granted a license
(new or renewal) shall pay to the borough an annual nonrefundable license
fee in an amount set by resolution, of the Borough Council within 30 days
of license issuance or renewal.
C.
Every application for a sexually oriented business employee
license (whether for a new license or for renewal of an existing license)
shall be accompanied by an annual nonrefundable application, investigation
and license fee in an amount set by resolution of the Borough Council.
D.
All license applications and fees shall be submitted
to the office of the Borough Secretary, and thereafter, the application shall
be forwarded to the Borough Chief of Police for review and investigation and
approval or denial.
A.
An applicant or licensee shall permit authorized borough
officials and their agents or consultants to inspect the premises of a sexually
oriented business for the purpose of ensuring compliance with the law at any
time it is occupied or open for business.
B.
A person who operates a sexually oriented business or
his agent or employee commits a violation of this article if he refuses to
permit such lawful inspection of a 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 § 140-20. Application for renewal shall be made at least 30 days before the expiration date, and, when made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
B.
When the borough denies renewal of a license, the applicant
shall not be issued a license for one year from the date of denial. If, subsequent
to denial, the borough finds that the basis for denial of the renewal license
has been corrected or abated, the applicant may be granted a license if at
least 90 days have elapsed since the date denial became final.
The Borough Chief Police shall suspend a license for a period not to
exceed 30 days if he determines that a licensee or an employee of a licensee
has:
A.
The Borough Chief of Police shall revoke a license if a cause of suspension in § 140-25 occurs and the license has been suspended within the preceding 12 months.
B.
The Borough Chief of Police shall revoke a license if
he determines that:
(1)
A licensee gave false or misleading information in the
material submitted during the application process.
(2)
A licensee has knowingly allowed possession, use or sale
of controlled substances on the premises.
(3)
A licensee has knowingly allowed prostitution on the
premises.
(4)
A licensee knowingly operated the sexually oriented business
during a period of time 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.
(6)
A licensee is delinquent in payment to the borough for
any licensing fees past due.
C.
When the borough revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the borough finds that the basis for the revocation has been corrected or abated, the revocation may be dissolved if at least 90 days have elapsed since the date the revocation became effective and the basis for the revocation was not a basis set forth in Subsection B.
D.
All license application, renewal,, suspension or revocation
decisions shall be sent in writing to the applicant or licensee. All such
decisions which deny, suspend or revoke a permit shall state specifically
the ordinance requirement not met and any other basis for the decision. After
denial of an application or denial of a renewal of an application or after
suspension or revocation of any license, the applicant or licensee may appeal
pursuant to the Local Agency Law[1] to Borough Council. Any such appeal must be filed, in writing,
with the Borough Secretary within 10 days from the date of mailing of the
decision appealed from. Failure to file said appeal with the Borough Secretary
within 10 days from the date of the mailing of the decision appealed from
shall be deemed a conclusive determination as to the issues of matters addressed
by the written decision. The Borough council will then hold a Local Agency
Law hearing within 20 days from the date the appeal is filed and will render
a written decision within 10 days from the date such hearing concludes. In
the case of a denial of a license renewal or in the case of a license suspension
or revocation, the licensee may continue to operate to the same extent as
immediately prior to the suspension or revocation until the earlier of: the
expiration of the ten-day appeal period without filing of an appeal; or the
date of a decision dismissing any appeal.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
E.
Any person aggrieved by a decision of the Borough Council
may appeal to a court of competent jurisdiction. The Borough shall, upon filing
of such appeal, consent to any request by a license applicant or licensee
to the court to give expedited review to such appeal. The borough shall certify
any record to the court within 20 days of any request by the court to do so.
A licensee shall not transfer his/her license to another, nor shall
a licensee operate a sexually oriented business under the authority of a license
at any place other than the address designated in the application.
A person who operates viewing booths or causes them to be operated shall
comply with the following requirements:
A.
Upon application for a sexually oriented license, the
application shall be accompanied by a diagram of the premises showing a plan
thereof specifying the location of one or more manager's stations and
the location of all overhead lighting fixtures and designating any portion
of the premises in which patrons will not be permitted. A manager's station
may not exceed 32 square feet of floor area. The diagram shall also designate
the place at which the permit will be conspicuously posted, if granted. A
professionally prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram should be oriented
to the north or to some designated street or object and should be drawn to
a designated scale or with marked dimensions sufficient to show the various
internal dimensions of all areas of the interior of the premises to an accuracy
of plus or minus six inches. The borough may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the premises has not been
altered since it was prepared.
B.
The application shall be sworn to be true and correct
by the applicant.
C.
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.
D.
The interior of the premises shall be configured in such
a manner that there is an unobstructed view from the 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. In addition, all viewing booths shall have
at least one side fully open so that all of the area inside the booth is open
to the view of persons in the public area of the establishment.
E.
It shall be the duty of the licensees to ensure that the viewing area specified in Subsection D remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application pursuant to Subsection A of this section.
F.
No viewing room may be occupied by more than one person
at any time.
G.
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 foot candles
as measured at the floor level.
H.
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.
I.
No licensee shall allow openings of any kind to exist
between viewing rooms or booths.
J.
No person shall make or attempt to make an opening of
any kind between viewing booths or rooms.
K.
The licensee shall, during each business day, regularly
inspect the walls between the viewing booths to determine if any openings
or holes exist.
L.
The licensee shall cause all floor coverings in viewing
booth to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
M.
The licensee shall cause all wall surfaces and ceiling
surfaces in viewing booths to be constructed of or permanently covered by
nonporous, easily cleanable material. No wood, plywood, composition board
or other porous material shall be used within 48 inches of the floor.
A.
A nude model studio shall not employ Any person under
the age of 18 years.
B.
A person 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 was in a restroom 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.
D.
A nude model studio shall not place or permit a bed,
sofa or mattress in any room on the premises, except that a sofa may be placed
in a reception room open to the public.
A.
It shall be a violation of this article for a person
to knowingly and intentionally, in a public place:
B.
For purposes of this article, "public place" includes
all outdoor areas owned by or open to the general public and all buildings
and enclosed places owned by or open to the general public, including such
places of entertainment, taverns, restaurants, clubs, theaters, dance halls,
banquet halls, party rooms or halls limited to specific members, restricted
to adults or to patrons invited to attend, whether or not an admission charge
is levied. This section shall not apply to.
(1)
Any child under 10 years of age.
(2)
Any individual exposing a breast in the process of breastfeeding
an infant under two years of age.
(3)
The exercise of free speech or free expression in the
form of artistic and theatrical performances. It is the intention of the borough
that this section be construed, enforced and interpreted in such a manner
as will cause the least possible expression, due process, equal protection
or other fundamental rights.
C.
It shall be a violation of this article for a person
who knowingly or intentionally in a sexually oriented business appears in
a seminude condition unless the person is an employee who, while seminude,
shall be at least 10 feet from any patron or customer and on a stage at least
two feet from the floor.
D.
It shall be a violation of this article for any employee,
while seminude in a sexually oriented business, to solicit any pay or gratuity
from any patron or customer or for any patron or customer to pay or give any
gratuity to any employee while said employee is seminude in a sexually oriented
business.
A person commits a violation of this article if the person knowingly
allows a person under the age of 18 years on the premises of a sexually oriented
business.
No sexually oriented business shall be open for business before 10:00
a.m., Monday through Saturday, or after 10:00 p.m., Monday through Saturday.
Sexually oriented businesses shall be closed at all times on Sundays and legal
holidays.
It is a defense to prosecution under § 140-30 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, a college, junior college or university supported entirely
or partly by taxation.
B.
By a private college or university which maintains and
operates educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation.
C.
In a structure:
(1)
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available for viewing.
(2)
Where, in order to participate in a class, a student
must enroll at least three days in advance of the class.
(3)
Where no more than one nude model is on the premises
at any one time.
A.
Any person, firm or corporation who violates or permits
the violation of any provision of this article or the rules and regulations
approved and hereinafter adopted shall pay a fine not exceeding $1,000 for
each violation. Whenever such person shall have been officially notified by
the borough that he is committing a violation of this article or the rules
and regulations approved and hereinafter adopted, each day that he shall continue
such violation after such notification shall constitute a separate violation
punishable by a like fine. Any person who violates or permits the violation
of this article shall pay, in addition to the fine set forth above, all court
costs and reasonable attorney's fees incurred by the borough in connection
with any civil enforcement proceedings brought to enforce this article.
B.
The borough may commence civil enforcement
proceedings to assess fines for violations of this article. In addition to
such civil enforcement proceedings, the borough may commence, at any time,
appropriate actions in equity or otherwise to prevent, restrain, correct,
enjoin or abate violations of this article.
