[HISTORY: Adopted by the Board of Supervisors of the Township of
Jackson 3-2-2004 by Ord. No. 145-04. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning (adult-oriented facilities) — See Ch. 133.
A.
Purpose.
(1)
Pursuant to the authority granted in the Second Class
Township Code to promote the health, safety, morals, and general welfare of
the inhabitants of Jackson Township (hereinafter "Township"), to regulate
and inspect the use and occupancy of buildings, to regulate places of public
entertainment, amusement, and recreation, and to prevent and prohibit public
nuisances due to adverse secondary effects, the Township enacts this chapter
to minimize and control the adverse secondary effects of sexually oriented
businesses, including adult bookstores, adult cabarets, and adult theaters,
and thereby to protect the health, safety, and welfare of its citizens, protect
the citizens' property values and the character of surrounding neighborhoods,
and deter the spread of blight.
(2)
The Township has determined that licensing is a legitimate
and reasonable means of accountability to insure that operators of sexually
oriented businesses comply with reasonable regulations and to insure that
operators do not knowingly allow their establishments to be used as places
of illegal sexual activity or solicitation.
(3)
The Township does not intend this chapter to suppress
any speech activities protected by the First Amendment but to enact a content-neutral
ordinance, which addresses the secondary effects of sexually oriented businesses.
It is not the intent of the Township in enacting this legislation to deny
any person rights of speech protected by the Constitution of the United States
or the Constitution of the Commonwealth of Pennsylvania, or both, nor is it
the intent of the Township to impose any additional limitations or restrictions
on the contents of any communicative materials, including sexually oriented
films, videotapes, books, or other materials. Further, by enacting this legislation
the Township does not intend to deny or restrict the rights of any adult to
obtain or view, or both, any sexually oriented materials or conduct protected
by the Constitution of the United States or the Constitution of the Commonwealth
of Pennsylvania, or both, nor does it intend to restrict or deny any constitutionally
protected rights that distributors or exhibitors of sexually oriented materials
have to sell, distribute, or exhibit these materials.
B.
The Township Board of Supervisors finds as follows:
(1)
Law enforcement personnel have determined, and statistics
and studies performed in a substantial number of communities in this commonwealth
and in the United States indicate, that 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, decreased property values, and
neighborhood deterioration.
(2)
Based on evidence concerning the adverse secondary effects
of adult uses on the community in findings incorporated in the cases of City
of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. Amer. Mini
Theatres, 426 U.S. 41 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560
(1991) and on other information available to the Township, the Township finds
as follows:
(a)
Sexually oriented businesses lend themselves to ancillary
unlawful and unhealthy activities that are presently uncontrolled by the operators
of the establishments.
(b)
Certain employees of adult cabarets engage in higher
incidence of certain types of illicit sexual behavior than employees of other
establishments.
(c)
Sexual acts, including masturbation, and oral and anal
sex, occur at sexually oriented businesses, especially those which provide
private or semiprivate booths or cubicles for viewing films, videos, or live
sex shows. Furthermore, adult bookstores tend to attract customers who engage
in unprotected, high-risk sexual activities.
(d)
Offering and providing such space encourages such activities,
which creates unhealthy conditions.
(e)
Persons frequent certain adult theaters and other sexually
oriented businesses for the purpose of engaging in sexual activities within
the premises of such sexually oriented businesses.
(f)
At least 50 communicable diseases may be spread by activities
occurring in sexually oriented businesses, including but not limited to syphilis,
gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes,
hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.
(g)
The Surgeon General of the United States in his report
of October 22, 1986, has advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug abuse, exposure
to infected blood and blood components, and from an infected mother to her
newborn child.
(h)
According to the best scientific evidence, AIDS and HIV
infection, as well as syphilis and gonorrhea, are principally transmitted
by sexual acts.
(i)
Sanitary conditions in some sexually oriented businesses
are unhealthy, in part, because the activities conducted there are unhealthy,
and, in part, because of the unregulated nature of the activities and the
failure of the owners and the operators of the facilities to self-regulate
those activities and maintain those facilities.
(j)
Numerous studies and reports have determined that semen
is found in the areas of sexually oriented businesses where persons view sexually
oriented films.
(k)
Numerous studies have indicated that sexually oriented
businesses have a substantial negative impact on property values and cause
neighborhood blight.
(3)
Sexually oriented businesses have adverse secondary effects,
which secondary effects should be regulated to protect the public health,
safety, and welfare.
(4)
Sexually oriented businesses have operational characteristics
that should be reasonably regulated in order to protect those substantial
governmental concerns.
(5)
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and the operators
of 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 Township. 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.
(6)
Removal of doors on adult booths and requiring sufficient
lighting on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring in
adult facilities.
(7)
Requiring licensees of sexually oriented businesses to
keep information regarding current employees and certain past employees will
help reduce the incidence of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing minors
from working in such establishments.
(8)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance of the
sexually oriented business, where such information is substantially related
to the significant governmental interest in the operation of such uses, will
aid in preventing the spread of sexually transmitted diseases.
(9)
It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this chapter is designed to prevent or
who are likely to be witnesses to such activity.
(10)
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 chapter.
(11)
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 that leads to the transmission of sexually transmitted
diseases.
(12)
The general welfare, health and safety of the citizens
of the Township will be promoted by the enactment of this chapter.
(13)
The limitation of operating hours of sexually oriented
businesses from 8:00 a.m. to 10:00 p.m., Mondays through Saturdays, 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.
(14)
The reasonable regulation and supervision of sexually
oriented businesses tends to discourage sexual acts and prostitution and thereby
promotes the health, safety and welfare of patrons, clients and customers
of these businesses.
(15)
The continued unregulated operation of such sexually
oriented businesses would be detrimental to the general health, safety, and
welfare of the citizens of the Township.
C.
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion of the
public health, safety, comforts, convenience, and general welfare of the Township's
citizens. Where the provisions of any statute, other ordinance or regulation
impose greater restrictions than this chapter, the provisions of such statute,
other ordinance, or regulation shall be controlling. Where the provisions
of this chapter impose greater restrictions than those of any statute, other
ordinance or regulation, the provisions of this chapter shall be controlling
to the extent allowed by law. However, in no case shall the provisions of
this chapter be interpreted in such a manner as to violate the United States
Constitution or the Constitution of the Commonwealth of Pennsylvania.
As used in this chapter the following words and phrases shall have the
meanings indicated unless the context clearly indicates a different meaning:
An establishment in which 5% or more of the occupied sales or display
area offers for sale, for rent or lease, for loan or for view upon the premises,
pictures, photographs, drawings, prints, images, sculpture, still film, motion-picture
film, videotape or similar visual representations distinguished or characterized
by an emphasis on sexual conduct or sexually explicit nudity; or books, pamphlets,
magazines, printed matter or sound recordings containing explicit and detailed
descriptions or narrative accounts distinguished or characterized by an emphasis
on sexual conduct; or offers for sale sexual devices.
An establishment, club, tavern, restaurant, theater, or hall that
features live entertainment distinguished or characterized by an emphasis
on sexual conduct or sexually explicit nudity.
An exhibition of any adult-oriented motion pictures which are distinguished
and characterized by an emphasis on matter depicting, describing or relating
to specific sexual activities or specified anatomical areas; or
A live performance, display or dance of any type, which has, as a significant
or substantial portion of the performance, any actual or simulated performance
of specified sexual activities or exhibition or viewing of specified anatomical
areas or persons in a state of nudity or seminudity; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A building or a room within a building used for presenting motion-picture
film, videotape, or similar visual representation of materials distinguished
or characterized by an emphasis on sexual conduct or sexually explicit nudity.
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, lessee,
lessee of a dance floor or space or otherwise, and whether or not said person
is paid a salary, wage, or compensation by the operator of the business. "Employee"
does not include a person exclusively on the premises for the 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, or who agrees or offers to privately model lingerie
or to privately perform a strip tease for another person.
A person or business association who furnishes, offers to furnish,
or advertise to furnish escorts as one of its business purposes for a fee,
tip, or other consideration.
The opening or commencement of any sexually oriented business as a new
business;
The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
The addition of any sexually oriented business or sexually oriented
use to any other existing sexually oriented use; or
The relocation of any sexually oriented business.
Having a general knowledge of, or reason to know, or a belief or
grounds for belief which warrants further inspection or inquiry of either:
The character and content of any material or performance described herein
which is reasonably susceptible of examination by a licensee or persons; or
The age of a 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 studios"
shall not include a proprietary school licensed by the Commonwealth of Pennsylvania;
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 where:
No sign visible from the exterior of the structure and no other advertising
indicates that a nude or seminude person is available for viewing; and
In order to participate in a class, a student must enroll at least three
days in advance of the class; and
No more than one nude or seminude model is in on the premises at 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 discernible turgid
state.
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
The state of dress in which clothing partially or opaquely covers
specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult bookstore, adult novelty store, adult video store, adult
cabaret, adult theater, escort agency, nude model studio, sexual encounter
center, or other commercial or not-for-profit establishment where adult entertainment
is presented for money or other forms of consideration.
Human genitals, pubic region, anus, buttocks, female breast(s) below
a point above the top of the areola, or human male genitals in a discernible
turgid state, even if completely covered.
Prostitution or promotion of prostitution; dissemination of obscenity;
sales, 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 the Commonwealth of Pennsylvania or 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 a misdemeanor offense; or
Less than five years have elapsed since the date of conviction or the
date of release from confinement for conviction, whichever is the later date,
if the conviction is 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.
The increase in floor areas occupied by a sexually oriented business
by more than 35%, as the floor areas exist on the date of licensing.
The sale, lease, or sublease of a sexually oriented business; or
The establishment or a trust, gift, or other similar legal device which
transfers the ownership or control of a sexually oriented business; or
Any change in the identity of the officers or directors of a corporation
operating a sexually oriented business.
Booths, stalls, partitioned portions of a room, rooms, or other enclosures
that are available for viewing:
Films, movies, videos, or visual reproductions of any kind depicting
or describing specified anatomical areas; or
A person 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 shall be unlawful:
(1)
For any person to establish and operate a sexually oriented
business after the effective date of this chapter without a valid sexually
oriented business license issued by the Township pursuant to this chapter;
(2)
For any person who establishes and operates a sexually
oriented business after the effective date of this chapter to employee a person
to work for the sexually oriented business who is not licensed as a sexually
oriented business employee by the Township pursuant to this chapter;
(3)
For any person to obtain employment with a sexually oriented
business after the effective date of this chapter without having secured a
sexually oriented business employee license pursuant to this chapter;
(4)
Beginning on the 180th day after enactment of this chapter,
for any person to continue to operate a sexually oriented business already
in operation on the effective date of this chapter without a valid sexually
oriented business license pursuant to this chapter;
(5)
Beginning on the 180th day after the effective date of
this chapter for any person operating a sexually oriented business in operation
at the time of the enactment of this chapter to employ a person to work for
the sexually oriented business who is not licensed as a sexually oriented
business employee by the Township pursuant to this chapter;
(6)
Beginning on the 180th day after the effective date of
this chapter for any person working as an employee of a sexually oriented
business on the effective date of this chapter to continue such employment
without having secured a sexually oriented business employee license pursuant
to this chapter.
B.
Application for a business or employee license must be
made on a form provided by the Township. For purposes of this chapter, the
responsibility for conducting any investigation, receiving and processing
any application, and issuing or denying any license required under this chapter
shall be the Township's Zoning Officer or other Township official so designated
by resolution of the Board of Supervisors.
C.
All applicants must be qualified according to the provisions
of this chapter. The application may request and the applicant shall provide
such information 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 a sexually oriented
business is an individual, the person must sign the application for a license
as applicant. If a person who wishes to operate a sexually oriented business
is other than an individual, each individual who has a 20% or greater interest
in the business must sign the application for a license as applicant. Each
applicant must be qualified under the following section and each applicant
shall be considered a licensee if a license is granted.
E.
The completed application for 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 names of all partners, whether the partnership is general or
limited, and a copy of the partnership agreement, if any;
(c)
A corporation, the corporation shall state its complete
name, the date of its incorporation, the type of classification of the corporation,
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 the name of the registered
corporate agent and 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 or she must state
the sexually 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 similar sexually oriented business ordinance from another
municipality, county, or jurisdiction 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 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 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 holds any other licenses under
this chapter or other similar sexually oriented business ordinance from another
municipality, county, or jurisdiction, 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, along with a detailed description of each
and every activity encompassed by the proposed sexually oriented use, which
description shall thoroughly demonstrate compliance and/or intended compliance
with all provisions of this chapter.
(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/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)
If an applicant wishes to operate a sexually 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 also comply with the application requirements set forth in § 36-12 of this chapter.
(14)
An infectious control plan to protect employees and the
public from bodily fluids of infectious contamination. A copy of the plan
shall be attached to the application and shall be OSHA (Occupational Safety
and Health Act) compliant.
F.
Before any applicant may be issued a sexually oriented
business employee license, the applicant shall submit on a form to be provided
by the Township the following information:
(1)
The applicant's name or any other name (including "stage"
names) or aliases used by the individual;
(2)
Age, 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; and
(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 clearly showing the applicant's face,
to be taken at the time the application is filed, which photograph shall be
used to complete the criminal background check required by this chapter.
(2)
A statement detailing the license history of the applicant
for 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, sate, or country any sexually oriented
business or has ever had a license, permit, or authorization to operate a
sexually oriented 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 of the issuing
or denying jurisdiction, and describe in full the reason for the denial, revocation,
or suspension. A copy of any order of denial, revocation, or suspension shall
be attached to the application.
(3)
A statement whether the applicant has been convicted
of a specified criminal activity as defined in this chapter and, if so, the
specified criminal activity involved, the date, place and jurisdiction of
each.
(4)
A statement acknowledging that the employee has reviewed
the infectious control plan adopted by the sexually oriented business.
H.
Any and all sexually oriented businesses in operation
within the Township, as of the effective date of this chapter, must apply
for the required licenses, and pay any applicable license fees under this
chapter within five months after the effective date of this chapter and furthermore
must come into full compliance with this chapter within six months after the
effective date of this chapter.
I.
To the extent permitted by law, all applications for
licenses required by this chapter, and materials submitted therewith, shall
be maintained by the Township in a confidential file.
A.
Upon the filing of a fully completed application form
for a sexually oriented business license or employee license, the Township
shall issue a temporary license to said applicant, which shall entitle the
applicant to operate the sexually oriented business or work as an employee.
The application shall then be referred to the Township Zoning Officer or other
Township official so designated by resolution of the Board of Supervisors
as the licensing administrator for purposes of this chapter for an investigation
to be made on such information as is contained on the application. The processing
and investigation of the application shall be completed within 30 days of
the date that the fully completed application is filed with the Township.
Any incomplete application shall be returned to the applicant, and the thirty-day
period for processing and investigation shall not commence until a fully completed
application has been filed. After the processing and investigation, the Township
shall issue a permanent license, unless it is determined by a preponderance
of the evidence that one or more of the following findings is true:
(1)
The applicant has falsely answered a question or request
for information on the application form.
(2)
The applicant is under the age of 18 years.
(3)
The applicant has been convicted of a specified criminal
activity as defined in this chapter.
(4)
The license is to be used for operation of a business
or employment in a business prohibited by local or state law, statute, rule
or regulation, or prohibited by a particular provision of this chapter.
(5)
The applicant has had a sexually oriented business license
or sexually oriented business employee license revoked by the Township or
any other jurisdiction within one year of the date of the current application.
(6)
The required application, investigation, and license
fees have not been paid.
(7)
The application demonstrates that the proposed sexually
oriented business is in violation of or is not in compliance with any provisions
of this chapter.
(8)
If the sexually oriented business license or sexually oriented business employee license is denied, the temporary license previously issued shall remain in effect during all appeals. Denial, nonrenewal, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 36-9.
B.
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Township that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous licensee that 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 § 36-5.
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 or employee and the specific
classification of sexually oriented use for which the license is issued. All
licenses shall be posted in a conspicuous place at or near the entrance of
the sexually oriented business so that they may be easily read at any time.
D.
Applications for license required by the Township under
this chapter shall be processed and either denied or approved within 30 days
after a complete application is filed with the Township. A letter notifying
the applicant of such denial or approval shall be mailed to the applicant
within 30 days of the submittal of a complete application. If the Township
fails to render a decision granting, denying or renewing a license required
by this chapter within 30 days after a complete application is filed with
the Township, the permanent license required by this chapter shall be deemed
to have been approved. This "deemed approval" rule shall apply to both applications
for sexually oriented business licenses and sexually oriented business employee
licenses.
E.
A sexually oriented business license shall be issued
for the specific classification of a sexually oriented use permitted by this
chapter and for which application has been made.
A.
Every application for a new sexually oriented business
license shall be accompanied by a nonrefundable application and investigation
fee in amount to be set by resolution of the Board of Supervisors.
B.
Every application for renewal of an existing sexually
oriented business license shall be accompanied by an annual nonrefundable
renewal license fee within 30 days of license renewal. Said fee shall be set
by resolution of the Board of Supervisors.
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. Said fee shall be set by resolution of the Board of Supervisors.
D.
All license applications and fees shall be submitted
to the office of the Township Secretary/Treasurer, and thereafter, the application
shall be forwarded to the Township Zoning Officer designated as licensing
administrator for review, investigation, and approval or denial.
Subject to the consent of an applicant or licensee, the Township Zoning
Officer or other Township official so designated by resolution of the Board
of Supervisors may inspect the premises of sexually oriented businesses for
purposes of ensuring compliance with this chapter during any time it is open
for business. In the event that the Township Zoning Officer or other Township
official so designated by resolution of the Board of Supervisors has probable
cause to believe that a sexually oriented business is operating in violation
of this chapter, he may inspect the premises of the sexually oriented business
for purposes of ensuring compliance with this chapter during any time it is
open for business.
A.
Each license issued under this chapter shall expire one year from the date of issuance and may be renewed only by making application as provided in § 36-3. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
B.
When the Township Zoning Officer or other Township official
so designated by resolution of the Board of Supervisors denies renewal of
a license, the applicant shall not be issued a new license for one year from
the date of denial. If, subsequent to denial, the Township Zoning Officer
or other Township official so designated by resolution of the Board of Supervisors
finds that the basis for denial of the renewal license has been corrected
and abated, the applicant may be granted a license if at least 90 days have
elapsed since the date denial became final.
A.
The Township Zoning Officer or other Township official
so designated by resolution of the Board of Supervisors 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 violated or is not in compliance with any provision
of this chapter.
B.
The Township Zoning Officer or other Township official so designated by resolution of the Board of Supervisors shall revoke a license if a cause of suspension in Subsection A occurs and the license has been suspended within the preceding 12 months.
C.
The Township Zoning Officer 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 Township,
county, or state for any taxes or fees past due; or
(7)
A licensee has failed to develop and follow an infectious
control plan to protect employees and the public.
D.
When the Township Zoning Officer or other Township official
so designated by resolution of the Board of Supervisors revokes the license,
the revocation shall continue for one year, and a licensee shall not be issued
a new sexually oriented business license for one year from the date the revocation
becomes effective.
A.
All license application denial, renewal, suspension,
or revocation decisions shall be sent in writing to the applicant or licensee.
All such decisions which deny, refuse to renew, suspend, or revoke a license
shall state specifically the chapter 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 procedures of the Local Agency Law (2 Pa.C.S.A. § 101
et seq.) to the Township Board of Supervisors, except as modified herein.
Any such appeal must be filed, in writing, with the Township Secretary, within
10 days from the date of the mailing of the decision appealed from and shall
specify, in detail, the basis for the appeal. Failure or refusal to file said
appeal or to specify the basis of said appeal shall be deemed a conclusive
determination as to the issues or matters addressed by the written decision.
If an appeal is timely filed, the Township Board of Supervisors will then
hold Local Agency Law hearing pursuant to 2 Pa.C.S.A. § 101 et seq.
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 or 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:
B.
Any person aggrieved by a decision of the Township Board
of Supervisors may appeal to a court of competent jurisdiction pursuant to
the Local Agency Law (2 Pa.C.S.A. § 101 et seq.) and 42 Pa.C.S.A.
§ 933(a)(2). The Township shall, upon filing of such appeal, consent
to any request by a licensee applicant or licensee to the court to give expedited
review of such appeal. The Township shall certify any record to the court
within 20 days after the appeal is filed. In the case of a denial of a license
or 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:
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 licensed sexually oriented business may not be substantially enlarged
without a new license.
A.
A person who operates or causes to be operated a sexually
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 a sexually 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 certified that the configuration of the premises has not been
altered since it was prepared.
(2)
The application shall be sworn to be true and correct
by the applicant.
(3)
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Township.
(4)
It is the duty of the licensee of the premises to ensure
that at least one licensed employee is on duty and situated in each manager's
station at any time 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 rest rooms. Rest rooms may not contain video reproduction equipment.
The view required by 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 quipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to which patrons
are permitted access at an illumination of not less than one footcandle as
measured at the floor level.
(9)
It shall be the duty of the licensees to ensure that
the illumination described above is maintained at all times that any patron
is present in the premises.
(10)
No 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 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.
(15)
A licensee shall brief all employees as to the approved
infectious control plan and OSHA regulations before and during employment
at intervals of no more than six months.
It shall be a violation of this chapter for a person to knowingly or
intentionally in a sexually oriented business appear in a seminude or nude
condition unless the person is an employee, licensed under this chapter, who,
while nude or seminude, shall be at least two feet from any patron or customer
and on a stage at least two feet from 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 chapter if the person appears seminude or in a state of nudity and/or
on the premises of a nude model studio.
C.
A person commits a violation of this chapter if the person
appears in a state of nudity, or knowingly allows another to appear in a state
of nudity on a nude model studio's premises, where said person 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.
B.
For purposes of this chapter, a "public place" includes
all outdoor areas owned by or open to the general public, including but not
limited to places of entertainment, taverns, restaurants, clubs, theaters,
dance halls, banquet halls, party rooms or halls limited to specific members
and party or halls restricted to adults or to patrons invited to attend, whether
or not an admission charge is levied. This section shall not apply to:
C.
It is the intention of the Township that this section
be construed, enforced and interpreted in such a manner as will cause the
least possible infringement on the constitutional rights of free speech, free
expression, due process, equal protection or other fundamental rights.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually oriented
business.
No sexually oriented business shall be open for business before 8:00
a.m., Monday through Saturday, or after 10:00 p.m., Monday through Saturday.
A sexually oriented business shall be closed at all times on Sundays and federal-
and state-recognized holidays.
A.
For a violation of any provision of this chapter, enforcement
shall be brought before a District Justice in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure. Upon conviction thereof, a violator shall be subject to a criminal
fine not to exceed $1,000 per violation, plus costs, or a term of imprisonment
to the extent allowed by law for the punishment of summary offenses, or to
a term of imprisonment for the failure to pay a fine pursuant to the Pennsylvania
Rules of Criminal Procedure. A separate offense shall arise for each day or
portion thereof in which a violation is found to exist for each section of
this chapter which is found to have been violated.
B.
The Township may enforce any violation of this chapter
through an equity action brought in the Court of Common Pleas of York County.
