[HISTORY: Adopted by the Board of Supervisors of the Township of
Independence 1-6-2003 by Ord. No. 1-2003.
Amendments noted where applicable.]
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:
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.
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:
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
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.
A nightclub, bar, restaurant, 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; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A hotel, motel, or similar commercial establishment which:
Offers 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.
Offers a sleeping room for rent for a period of time that is less than
24 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 24 hours.
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.
An adult arcade, adult cabaret, adult motel, adult motion-picture
theater, adult theater, escort agency, nude model studio, or sexual encounter
center.
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.
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.
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.
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 adult-oriented business as a new
business;
The conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business;
The additions of any adult-oriented business to any other existing adult-oriented
business; or
The relocation of any adult-oriented business.
A sexually-oriented business or premises on which the sexually-oriented
business is located.
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.
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.
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:
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
Where in order to participate in a class a student must enroll at least
three days in advance of the class; and
Where no more than one nude or seminude model is on the premises at
any time.
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.
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
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.
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.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
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.
Any of the following:
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, masturbation, or sodomy; or
Excretory functions as part of or in connection with any of the activities
set forth in A through B above.
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.
Includes any of the following:
The sale, lease, or sublease of an adult-oriented business;
The transfer of securities which constitute a controlling interest in
the adult-oriented 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.
Adult-oriented businesses are classified as follows:
A.
A valid adult-oriented business license issued by the
Township pursuant to this chapter is required for any person to operate an
adult-oriented business as issued by the Director.
B.
An 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-oriented business is an individual, the person must sign the application for license as applicant. If a person who wishes to operate an adult-oriented business is other than an individual, each individual who has a ten-percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 50-5 and each applicant shall be considered a licensee if a license is granted.
E.
The completed application for an adult-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, telephone number and any aliases and submit proof that he/she is 18
years of age;
(b)
A partnership, the partnership shall state its complete
name, and the names of all partners and their addresses and telephone numbers,
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, the names and addresses,
telephone numbers 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 adult-oriented
business under a name other than that of the applicant, he or she must state
the adult-oriented business's fictitious name and submit the required registration
documents.
(3)
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.
(4)
Whether the applicant has had a previous license under
this chapter or other similarly adult-oriented business ordinances from another
municipality or jurisdiction denied, suspended, or revoked, including the
name and location of the adult-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 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-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 holds any other licenses under
this chapter or other similar adult-oriented business code or regulation from
another municipality or jurisdiction and, if so, the names and locations of
such other licensed businesses.
(6)
The single classification of license for which the applicant
is filing.
(7)
The location of the proposed adult-oriented business,
including a legal description of the property, street address, and telephone
number(s), if any.
(8)
The applicant's mailing address, telephone number and
residential address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's license 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 certificate and straight-line drawing prepared
within 30 days prior to application by a registered land surveyor or registered
civil engineer depicting the property lines and the structures containing
any existing adult-oriented businesses within 1,000 feet of the property to
be certified; the property lines of any established religious institution
or place of worship, school, or public park or recreation area within 1,000
feet of the property to be certified. For purposes of this section, a use
shall be considered existing or established if it is in existence at the time
an application is submitted.
(13)
If an applicant wishes to operate an adult-oriented 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 comply with the application requirements
set forth in this chapter.
(14)
If the establishment is not in operation, the expected
startup date (which shall be expressed in number of days from the date of
issuance of the business license). If the expected startup date is to be more
than 10 days following the date of issuance of the business license, then
a detailed explanation of the construction, repair or remodeling work or other
cause of the expected delay and a statement of the owner's time schedule and
plan for accomplishing the same;
(15)
If the establishment is a foreign corporation, a certified
copy of the certificate of authority to transact business in this state, together
with all amendments thereto;
(16)
If the establishment is a limited partnership formed
under the laws of the Commonwealth of Pennsylvania, a certified copy of the
certificate of limited partnership, together with all amendments thereto;
(17)
If the establishment is a foreign limited partnership,
a certified copy of the certificate of limited partnership and the qualification
documents, together with all amendments thereto;
(18)
Proof of the current fee ownership of the tract of land
on which the establishment is to be situated in the form of a copy of the
recorded deed;
(19)
If the persons identified as the fee owner(s) of the
tract of land are not also the owners of the establishment, then the lease,
purchase contract, purchase option contract, lease option contract or other
document(s) evidencing the legally enforceable right of the owners or proposed
owners of the establishment to have or obtain the use and possession of the
tract or portion thereof that is to be used for the establishment for the
purpose of the operation of the establishment;
(20)
A current certificate and straight-line drawing prepared
within 30 days prior to application by a registered land surveyor or registered
civil engineer depicting the property lines and the structures containing
any existing sexually-oriented businesses within 1,000 feet of the property
to be certified; the property lines of any established religious institution/synagogue,
school, public park or recreation area, or family-oriented entertainment business
within 1,500 feet of the property to be certified. For purposes of this section,
a use shall be considered existing or established if it is in existence at
the time an application is submitted;
(21)
Any of items
E(2) through (8) above shall not be required for a renewal application if
the applicant states that the documents previously furnished the Director
with the original application or previous renewals thereof remain correct
and current.
(22)
Applications for an employee license to work and/or perform
services in a sexually-oriented business, whether original or renewal, must
be made to the Director by the person to whom the employee license shall issue.
Each application for an employee license shall be accompanied by payment of
the application fee in full. Application forms shall be supplied by the Director.
Applications must be submitted to the office of the Director or the Director's
designee during regular working hours. Each applicant shall be required to
give the following information on the application form:
(a)
The applicant's given name, and any other names by which
the applicant is or has been known, including stage names and/or aliases;
(b)
Age, and date and place of birth;
(c)
Height, weight, hair color, and eye color;
(d)
Present residence address and telephone number;
(e)
Present business address and telephone number;
(f)
Date, issuing state, and number of photo driver's license,
or other state issued identification card information;
(g)
Social security number; and
(h)
Proof that the individual is at least 18 years old.
(i)
Attached to the application form for a license 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
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, in this or any other Township, county, state,
or country, has ever had any 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(s) under which the license was sought
and/or issued, the name(s) of the issuing or denying jurisdiction, and describe
in full the reason(s) for the denial, revocation, or suspension. A copy of
any order of denial, revocation, or suspension shall be attached to the application.
(23)
Every application for a license shall contain a statement
under oath that:
(24)
A separate application and business license shall be required for each sexually-oriented business classification as set forth in § 50-3.
(25)
The fact that a person possesses other types of state
or Township permits and/or licenses does not exempt him from the requirement
of obtaining a sexually-oriented business or employee license.
A.
Within 90 days after receipt of a completed adult-oriented
business license 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 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 has been denied a license by the Township
to operate an adult-oriented business within the preceding 12 months or whose
license to operate an adult-oriented business has been revoked within the
preceding 12 months.
(5)
An applicant has been convicted of a specified criminal
activity defined in this chapter.
(6)
The premises to be used for the adult-oriented business
have not been approved by the Fire Marshal, Health Department, Zoning Officer
and the Code Enforcement Department as being in compliance with the applicable
laws and codes.
(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.
B.
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-oriented business, and the classification for which the license is issued pursuant to § 50-3. All licenses shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that they may be easily read at any time.
C.
The Township officials 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.
E.
An adult-oriented business license granted pursuant to this chapter 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 as set forth in § 50-6.
A.
Every application for an adult-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. Said fee
shall be as set from time to time by resolution of the Board of Supervisors.
B.
In addition to the application and investigation fee
required above, every adult-oriented business that is granted a license (new
or renewal) shall pay to the Township an annual nonrefundable license fee
of within 30 days of license issuance or renewal. Said fee shall be as set
from time to time by resolution of the Board of Supervisors.
C.
All license applications and fees shall be submitted
to the Code Enforcement Department of the Township.
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.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 50-4. 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 expiration of the license will not be affected.
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 shall suspend a license for a period not
to exceed 30 days if it determines that a licensee or an employee of a licensee
has:
(1)
Violated or is not in compliance with any section of
this chapter.
(2)
Refused to allow an inspection of the adult-oriented
business premises as authorized by this chapter.
(3)
Operated or performed services in a sexually-oriented
business while intoxicated by the use of alcoholic beverages or controlled
substances.
(4)
With knowledge, permitted gambling by any person on the
sexually-oriented business premises.
A.
The Township shall revoke a license if a cause of suspension in § 50-9 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-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; or
(6)
A licensee is delinquent in payment to the Township,
county, or state for any taxes or fees past due.
(7)
A licensee has, with knowledge, permitted a person under
18 years of age to enter the establishment; or
(8)
A licensee has attempted to sell his business license,
or has sold, assigned, or transferred ownership or control of the sexually-oriented
business to a nonlicensee;
(9)
A licensee has, with knowledge, permitted a person or
persons to engage in specified sexual activities on the premises of the sexually-oriented
business.
C.
When the Township revokes a license, the revocation shall
continue for one year, and the licensee shall not be issued an adult-oriented
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 action shall be
promptly reviewed by the court.
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.
A.
A person is guilty of a violation of Chapter 200, Zoning, of the Code of Independence Township if he/she or it operates or causes to be operated a sexually-oriented business outside of the district in which a sexually-oriented business is a permitted use as a special exception. No sexually-oriented businesses shall be located outside a district in which a sexually-oriented business is a permitted use. Sexually-oriented businesses as defined herein shall be permitted in the C-1 General Business Zoning District (C-1) as a special exception, subject to the provisions of this chapter.
B.
No adult-oriented business may be operated within 1,000
feet of:
(1)
A church, synagogue, mosque, temple, or building which
is used primarily for religious worship and related religious activities;
(2)
The following public or private educational/child-care
facilities: child day-care facility, nursery school, preschool, kindergarten,
elementary school, intermediate school, junior high school, middle school,
high school, vocational school, secondary school, special education school;
school includes the school grounds, but does not include facilities used primarily
for another purpose and only incidentally as a school;
(3)
A boundary of any residential district as defined in Chapter 200, Zoning, of the Code of Independence Township;
(4)
A public park or recreational area which has been designated
for park or recreational activities, including, but not limited to, a park,
whether owned or operated by the Commonwealth of Pennsylvania, County of Beaver,
or the Township, 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;
(5)
The property line of a lot devoted to a residential use as defined in the Chapter 200, Zoning, of the Code of Independence Township;
(6)
An entertainment business which is oriented primarily
towards children or family entertainment; or
C.
No adult-oriented business may be operated, established,
or substantially enlarged within 1,000 feet of another adult-oriented business.
D.
No adult-oriented business may be operated, established,
or maintained in any building, structure, or portion thereof containing another
adult-oriented 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-oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection B. 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-oriented 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.
G.
Any adult-oriented business lawfully operating that is in violation of Subsections A through G of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more adult-oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the adult-oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.
H.
An adult-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult-oriented business license, of a use listed in Subsection A of this section within 1,000 feet of the adult-oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.
A.
A person who operates or causes to be operated an adult-oriented
business which exhibits on the premises in a viewing room 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-oriented business 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 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 licensee 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 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 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 measure at the floor level.
(9)
It shall be the duty of the licensee to ensure that the
illumination described above is maintained at all times that any patron is
present in the premises.
(10)
No licensee 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 ceilings
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.
No person under the age of 18 years may appear 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 paragraph if the person under 18 years
was in a restroom not open to public view or visible to any other person.
C.
No person may appear in a state of nudity, or knowingly
allow 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.
E.
It is a defense to prosecution under this section that
a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school, licensed by the Commonwealth
of Pennsylvania; a college, junior college, or university supported entirely
or partly by taxation;
(2)
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
(3)
In a structure:
(a)
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude 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 model is on the premises
at any one time.
A.
No person may knowingly and intentionally, in an adult-oriented
business, appear in a state of nudity or depict specified sexual activities.
B.
No person may knowingly or intentionally, in an adult-oriented
business, appear 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.
No employee, while seminude in an adult-oriented business
may 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-oriented business.
D.
No employee, while seminude, may touch a customer or
the clothing of a customer.
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.
