It is the intent of this chapter to regulate adult-oriented businesses
in order to promote the health, safety, and welfare of the public, and to
establish reasonable and uniform regulations to prevent the deleterious location
and concentration of adult-oriented businesses within the Township. The provisions
of this chapter have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including adult-oriented
materials. Similarly, it is not the intent nor effect of this chapter to restrict
or deny access by adults to adult-oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of adult-oriented
entertainment to their intended market.
Unless otherwise expressly stated, the following words and phrases shall
be construed throughout this chapter to have the meanings indicated below:
ADULT ARCADE
Any place to which the public is permitted or invited wherein 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 for monetary consideration 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.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment that, as one of its principal business
purposes, offers for sale or rental for any form of consideration any one
or more of the following:
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, video cassettes or video reproductions, slides, or
other visual representations that depict or describe specified sexual activities
or specified anatomical areas; or
B.
Instruments, devices, or paraphernalia that 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 adult bookstore
or adult video store. Such other business purposes will not serve to exempt
such commercial establishments from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes is
the offering for sale or rental for consideration the specified materials
that depict or describe specified sexual activities or specified anatomical
areas. A principal business purpose need not be a primary use of an establishment
so long as it is a significant use based upon the visible inventory or commercial
activity of the establishment.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity or seminude; or
B.
Live performances which are characterized by the exposure of specified
sexual activities or specified anatomical areas; or
C.
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel, or similar commercial establishment which:
A.
Offers bedroom accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions, 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, and has a sign visible from the
public right-of-way which advertises the availability of this adult type of
photographic reproductions.
B.
Offers a sleeping room for rent for a period of time that is less than
24 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 24 hours.
ADULT MOTION-PICTURE THEATER
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.
ADULT-ORIENTED BUSINESS
An adult arcade, adult cabaret, adult motel, adult motion-picture
theater, adult theater, escort agency, nude model studio, or sexual encounter
center.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment
which regularly features persons who appear in a state of nudity or seminude,
or live performances which are characterized by the exposure of specified
sexual activities or specified anatomical areas.
DIRECTOR
The Chief of Police and such employees of the Police Department as
he may designate to perform the duties of the Director under this chapter
including but not limited to any member of the Police Department or the trained
Code Enforcement Officer and or Zoning Officer, Fire Chief or combination
thereof.
EMPLOYEE
A person who performs any service on the premises of an adult-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.
ESCORT
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.
ESCORT AGENCY
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.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any adult-oriented business as a new
business;
B.
The conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business;
C.
The additions of any adult-oriented business to any other existing adult-oriented
business; or
D.
The relocation of any adult-oriented business.
E.
A sexually-oriented business or premises on which the sexually-oriented
business is located.
LICENSED DAY-CARE CENTER
A facility licensed by the Commonwealth of Pennsylvania, whether
situated within the Township or not, that provides care, training, education,
custody, treatment or supervision for more than 12 children under 14 years
of age, where such children are not related by blood, marriage or adoption
to the owner or operator of the facility, for less than 24 hours a day, regardless
of whether or not the facility is operated for a profit or charges for the
services it offers.
LICENSEE
A person in whose name a license to operate an adult-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 an adult-oriented business.
NUDE MODEL STUDIO
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 supported entirely or in part
by public taxation; a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partly by taxation; or in a structure:
A.
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;
and
B.
Where in order to participate in a class a student must enroll at least
three days in advance of the class; and
C.
Where no more than one nude or seminude model is on the premises at
any time.
NUDITY or A STATE OF NUDITY
The showing of the human bare buttock, anus, human male or female
genitals, pubic area, vulva, 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.
PERSON
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
PREMISES
The real property upon which the sexually-oriented business is located,
and all appurtenances thereto and buildings thereon, including, but not limited
to, the sexually-oriented business, the grounds, private walkways, and parking
lots and/or parking garages adjacent thereto, under the ownership, control,
or supervision of the licensee, as described in the application for a business
license pursuant to this chapter.
SEMINUDE or IN A SEMINUDE CONDITION
The showing of the female breast below a horizontal line across the
top of the areola at its highest point or the showing of the male or female
buttocks. This definition shall include the entire lower portion of the human
female breast, but shall not include any portion of the cleavage of the human
female breast exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other wearing apparel provided the areola is not exposed in whole or in
part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
B.
Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or seminude.
SPECIFIED ANATOMICAL AREAS
A.
The human male genitals in a discernibly turgid state, even if completely
and opaquely covered; or
B.
Less than completely and opaquely covered human genitals, pubic region,
buttocks, or a female breast below a point immediately above the top of the
areola.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
A.
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;
B.
For which:
(1)
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;
(2)
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
(3)
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.
C.
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.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, masturbation, or sodomy; or
C.
Excretory functions as part of or in connection with any of the activities
set forth in A through B above.
SUBSTANTIAL ENLARGEMENT
The increase in the floor areas occupied by an adult-oriented business
by more than 25%, as the floor areas exist on the date this chapter takes
effect.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
A.
The sale, lease, or sublease of an adult-oriented business;
B.
The transfer of securities which constitute a controlling interest in
the adult-oriented business, whether by sale, exchange, or similar means;
or
C.
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.
Adult-oriented businesses are classified as follows:
B. Adult bookstores or adult video stores;
E. Adult motion-picture theaters;
I. Sexual encounter centers.
An applicant or licensee shall permit representatives of the Police
Department, Health Department, Fire Marshal, Code Enforcement Department,
or other Township departments or agencies to inspect the premises of an adult-oriented
business for the purpose of insuring compliance with the law, at any time
it is occupied or open for business.
A licensee shall not transfer his/her license to another, nor shall
a licensee operate an adult-oriented business under the authority of a license
at any place other than the address designated in the application.
No person may knowingly allow a person under the age of 18 years on
the premises of an adult-oriented business.
Any person or persons, firm or corporations who or which shall fail to comply with any of the provisions of this chapter, including the procuring of a license to operate an adult-oriented business within the Township of Independence, shall be subject to the appropriate penalties set forth in Chapter
1, General Provisions, Article
II. A person who operates or causes to be operated an adult-oriented business without a valid license or otherwise in violation of this chapter is subject to a suit for injunction as well as prosecution for the violations set forth above.