[HISTORY: Adopted by the City Council of the City of DuBois 5-12-1997 by Ord. No.
1576 (Ch. 10, Part 4, of the 1995 Code). Amendments
noted where applicable.]
It is the intent of this chapter to regulate sexually oriented
businesses to promote the health, safety and general welfare of the
citizens of the City and to establish reasonable and uniform regulations
to reduce the deleterious adverse secondary effects from such sexually
oriented businesses. 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 sexually oriented
materials. Similarly, it is not the intent nor effect of this chapter
to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment, or to deny access by the distributors
and exhibitors of sexually oriented entertainment to their intended
market. Neither is it the intent nor effect of the chapter to condone
or legitimize the distribution of obscene material.
For purposes of this chapter, the words and phrases defined
hereunder shall have the meanings therein respectively ascribed to
them unless a different meaning is clearly indicated by the context.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which regularly excludes minors
from the premises or a section thereof because of the sexually explicit
nature of the items sold, rented or displayed therein and which, as
a substantial or significant portion of its business, offers for sale
or rental, for any form of consideration, any one or more of the following:
A commercial establishment which regularly features live
performances or activities, which are characterized by the exposure
of specified anatomical areas or by specified sexual activities and
which emphasize and seek, through the conduct of one or more dancers
or performers, to arouse or excite the sexual desires of its patrons
for the purpose of advancing the economic welfare of a commercial
establishment or business enterprise. Nothing in the definition of
"adult cabaret" shall be construed to apply to the presentation, showing
or performance of any play, drama or ballet in any theater, concert
hall, fine arts academy, school, institution of higher education or
other similar establishment, intended as a form of expression of opinion
or communication of ideas or information, that a reasonable person
would find when taken as a whole has serious literary, artistic, political
or scientific value even if the performance may include the exposure
of specified anatomical areas or specified sexual activities.
A hotel, motel or similar commercial establishment, which:
Offers accommodations to the public for any form of consideration,
provides patrons with closed circuit television transmissions, 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, not intended as a
form of expression of opinion or communication of ideas or information
that a reasonable person would find when taken as a whole has serious
literary, artistic, political or scientific value, and has a sign
visible from the public right-of-way which advertises the availability
of this adult type of photographic reproductions.
As a regular course and practice of business, offers a sleeping
room for rent for a period of time that is less than 10 hours.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
The Codes Enforcement Officer of the City of DuBois or such
person or persons as may be designated by the City Codes Enforcement
Officer.
The City Manager of the City of DuBois or such person or
persons as may be designated by the City Manager.
An individual working or performing services for any sexually
oriented business, including any independent contractor who provides
services on behalf of any sexually oriented business to the patrons
of such business.
Any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of any existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The addition of any sexually oriented business to any other
existing sexually oriented business.
The relocation of any sexually oriented business.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual or individuals
listed as an applicant on the application for a sexually oriented
business license.
Shall exclude any wood, plywood, composition board or other
porous material.
Shall mean:
To cause to function or to put or keep in operation. "Operator"
means any person on the premises of a sexually oriented business who
is authorized to exercise overall operational control of the business
or who causes to function or keeps in operation the business. A person
may be found to be operating or causing to be operated a sexually
oriented business, whether or not that person is an owner, part owner
or licensee of the business.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
An adult arcade, adult bookstore, adult cabaret, adult motel,
adult entertainment out-call services in the form of nude dancing
or exhibition, or any combination of such businesses.
Shall have the same meaning as "sexual conduct," as defined
in 18 Pa.C.S.A. § 5903(e)(3), as amended.
Transfer of ownership or control of a sexually oriented business
shall mean any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device,
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
The room, booth or area where a patron of a sexually oriented
business would ordinarily be positioned while watching a film, videocassette
or other video reproduction.
Sexually oriented business shall be classified as follows:
A.
It shall be unlawful for any person to operate a sexually oriented business or conduct such services in the City of DuBois without a valid sexually oriented business license issued by the City of DuBois for the particular type of business or to employ a person who is not licensed as a sexually oriented business employee, as provided by Subsection B of this section, or who is not authorized to work or perform services pursuant to Subsection C of this section.
B.
Except as provided in Subsection C of this section, it shall be unlawful for any person to be an employee of a sexually oriented business or to conduct such services in the City of DuBois without a valid license. The provisions of this subsection shall not apply to an employee of an adult bookstore, unless such bookstores are operated in combination with one or more businesses classified in § 346-3A, C or D.
C.
An applicant, upon receipt by the City Codes Enforcement Officer of his or her application for a sexually oriented business employee license, may work or perform services without an employee license until such time as the license is granted or the decision to deny the license becomes final, pursuant to § 346-11 of this chapter. Upon receipt of the applicant's completed application for an employee's license, the City Codes Enforcement Officer shall issue the applicant a temporary work permit. The applicant shall keep the temporary work permit on his or her person or on the premises where the applicant is then working or performing services and produce such permit for inspection upon request by a law enforcement officer or other authorized City official.
D.
An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the City Codes Enforcement Officer an application made on a form prescribed by the City Manager and provided by the City Codes Enforcement Officer. The applicant shall be qualified according to the provisions of this chapter. The application shall be signed under oath by the applicant and notarized. The application shall include, but not be limited to, the information called for in Subsection D(1) to (8) as follows:
(1)
The full true name and any other names used in the preceding five
years.
(2)
Current residential address, business address and telephone numbers.
(3)
If the application is for a sexually oriented business license, the
name, business location, business mailing address and phone number
of the proposed sexually oriented business.
(4)
Written proof of age, in the form of a birth certificate, current
Pennsylvania driver's license with picture, or other picture
identification document issued by a governmental agency.
(5)
Two identical, passport quality photographs of the applicant, approximately
two inches by two inches in size, taken within the preceding month.
(6)
The issuing jurisdiction and the effective dates of any license or
permit relating to a sexually oriented business, whether any such
license or permit has been denied, revoked or suspended and, if so,
the reason or reasons therefor.
(7)
All criminal charges, complaints, information or indictments in the
preceding 10 years which resulted in the conviction or a plea of guilty
or no contest for any offense described in 18 Pa.C.S.A. Chapter 31,
59 or 63.
(8)
If the application is for sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process. The information provided pursuant to Subsection D(1) to (8) of this section shall be supplemented in writing by certified mail, return receipt requested, to the City Codes Enforcement Officer within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
(9)
The application for a sexually oriented business license shall be accompanied by 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 shall 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. Applicants who are required to comply with § 346-14 of this chapter shall submit a diagram meeting the requirements of § 346-14.
(10)
If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under § 346-5 of this chapter, and each applicant shall be considered a licensee if a license is granted.
(11)
A person whose possesses a valid video-center license or theater
license is not exempt from the requirement of obtaining a sexually
oriented business license. A person who operates a sexually oriented
business and possesses a video-center license or theater license shall
comply with the requirements and provisions of this chapter when applicable.
(12)
The information provided by an applicant in connection with
the application for a license under this chapter shall be maintained
by the City Codes Enforcement Officer on a confidential basis, except
that such information may be disclosed to other governmental agencies
in connection with a law enforcement or public safety function, or
as may otherwise be required by law.
A.
The City Codes Enforcement Officer shall approve or deny the issuance
of a license to an applicant for a sexually oriented business license
or sexually oriented business employee license within 30 days after
receipt of an application. The City Codes Enforcement Officer shall
approve the issuance of a license unless one or more of the following
is found to be true:
(1)
An applicant is less than 18 years of age.
(2)
An applicant or an applicant's spouse is delinquent in the payment
to the City of taxes, fees, fines or penalties assessed against or
imposed upon the applicant or the applicant's spouse in relation
to a sexually oriented business or arising out of any other business
activity owned or operated by the applicant or the applicant's
spouse and licensed by the City.
(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 or an applicant's spouse has been convicted of
a violation of a provision of this chapter, other than an offense
of operating a sexually oriented business without a license, within
two years immediately preceding the application. The fact that a conviction
is being appealed shall have no effect.
(5)
The license application fee required by this section has not been
paid.
(6)
An applicant of the proposed establishment is in violation of or
is not in compliance with any portion of any ordinance of the City
of DuBois.
(7)
An applicant or an applicant's spouse:
(a)
Has been convicted of any offense in violation of 18 Pa.C.S.A.
Chapter 31, 59 or 63 in this state or any offense committed outside
this state which, if committed in this state, would constitute an
offense in violation of 18 Pa.C.S.A. Chapter 31, 59 or 63.
(b)
For which:
[1]
Less than 10 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 felony offense,
or is of a misdemeanor offense involving moral turpitude.
[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 or misdemeanor
offense not involving moral turpitude.
[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.
B.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or applicant's spouse.
C.
An applicant who has been convicted or whose spouse has been convicted of an offense listed in § 346-5A(7)(a) for which the time period required has elapsed
D.
The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the number of the license
issued to that applicant, the expiration date and, if the license
is for a sexually oriented business, the address of the sexually oriented
business. A sexually oriented business employee license shall contain
a photograph of the licensee. The sexually oriented business license
shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that it may be easily read at any
time. A sexually oriented business employee shall keep the employee's
license on his or her person or on the premises where the licensee
is then working or performing and shall produce such license for inspection
upon request by a law enforcement officer or other authorized City
official.
The nonrefundable application fees for a sexually oriented business
license or a sexually oriented business employee license shall be
set by the City Manager at an amount determined by the City Manager
as sufficient to pay the cost of administering this program.
A.
An applicant, operator or licensee shall permit law enforcement officers,
and any other federal, state, county or City agency in the performance
of any function connected with the enforcement of this chapter normally
and regularly conducted by such agencies, to inspect the premises
of a sexually oriented business for the purpose of ensuring compliance
with this chapter at any time it is occupied or open for business.
B.
It shall be unlawful for a licensee, operator or employee of a sexually oriented business to refuse to permit a law enforcement officer or any agency enumerated in Subsection A of this section to inspect the premises at any time the premises are occupied or open for business.
C.
The provisions of this section do not apply to areas of an adult
motel which are currently being rented by a customer for use as a
permanent or temporary habitation.
Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in §§ 346-4 and 346-6 of this chapter. Application for renewal should 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.
The City Codes Enforcement Officer, upon the direction of the
City Manager, shall suspend a sexually oriented business license for
a period not to exceed 30 days if the City Manager determines that
the licensee or an employee of the licensee has:
A.
Violated or is not in compliance with any ordinance of the City of
DuBois.
B.
Has been on the sexually oriented business premises while in an intoxicated
or disorderly condition.
C.
Refused to allow an inspection of the sexually oriented business
premises.
D.
Knowingly permitted gambling by any person on the sexually oriented
business premises.
A.
The City Codes Enforcement Officer, upon the direction of the City Manager, shall revoke a sexually oriented business license if a cause of suspension in § 346-9 occurs and the license has been suspended within the preceding 12 months.
B.
The City Codes Enforcement Officer shall revoke a sexually oriented
business license, upon direction of the City Manager, if the City
Manager determines that:
(1)
A licensee gave false or misleading information in the application.
(2)
A licensee or an employee has knowingly allowed possession, use or
sale of controlled substances on the premises.
(3)
A licensee or an employee has knowingly allowed prostitution on the
premises.
(4)
A licensee or an employee knowingly operated the sexually oriented
business during a period of time when the licensee's license
was suspended.
(5)
A licensee has been convicted of an offense listed in § 346-5A(7)(a) for which the time period required in § 346-5A(7)(b) has not elapsed.
(6)
On two or more occasions within a twelve-month period, a person or persons, while in or on the license premises, committed an offense listed in § 346-5A(7)(a), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed.
(7)
A licensee or an employee has knowingly allowed any sexual activity
to occur in or on the licensed premises. The term "sexual activity"
shall have the same meaning as "sexual conduct" as it is defined in
18 Pa.C.S.A. § 5903(e)(3).
(8)
A licensee is delinquent in payment to the City of taxes or fees
related to the sexually oriented business or arising out of any other
business activity owned or operated by the licensee and licensed by
the City of DuBois.
C.
The fact that a conviction is being appealed shall have no effect
on the revocation of the license.
D.
Subsection B(7) of this section does not apply to adult motels as grounds for revoking the license, unless the licensee or employee knowingly allowed sexual activity to occur in a public place or within public view.
E.
When the City Codes Enforcement Officer revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date revocation becomes effective. If subsequent to revocation the City Manager finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license by the City Codes Enforcement Officer if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under Subsection B(5) of this section, an applicant may not be granted another license until the appropriate number of years required under § 346-5A(7)(b) has elapsed.
A.
If the City Manager determines that probable grounds exist for denial,
suspension or revocation of a license under this chapter, the City
Manager shall advise the Codes Enforcement Officer, and the Codes
Enforcement Officer shall notify the applicant or licensee (respondent),
in writing, of the intent to deny, suspend or revoke the license,
including the grounds therefor, by personal delivery or by certified
mail. The notification shall be directed to the most current business
address on file with the City Codes Enforcement Officer. Within 10
working days of receipt of such notice, the respondent may provide
to the City Codes Enforcement Officer, in writing, a response, which
shall include a statement of reasons why the license or permit should
not be denied, suspended or revoked. If a response is not received
by the City Codes Enforcement Officer in the time stated or, if after
review, the City Manager finds that grounds exist for denial, suspension
or revocation, then such action shall become final, and notice of
such final action sent to the applicant or licensee. Such notice shall
include a statement advising the applicant or licensee of the right
to appeal such decision to a court of competent jurisdiction. If the
City Manager finds that no grounds exist for denial, suspension or
revocation of a license, then the City Manager shall cause the City
Codes Enforcement Officer to withdraw the intent to deny, suspend
or revoke the license, and the City Codes Enforcement Officer shall
so notify the respondent, in writing, by delivery or by certified
mail of such action.
B.
When a decision to deny, suspend or revoke a license becomes final,
the applicant or licensee whose application for a license has been
denied or whose license has been suspended or revoked shall have the
right to appeal such action to a court of competent jurisdiction.
A licensee shall not transfer his 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.
Evidence that a sleeping room in a hotel, motel or similar commercial
establishment has been rented and vacated two or more times in a period
of time that is less than 10 hours creates a rebuttable presumption
that the establishment is an adult motel, as that term is defined
in this chapter.
B.
It shall be unlawful for a person who is in control of a sleeping
room in a hotel, motel or similar commercial establishment that does
not have a sexually oriented business to rent or subrent a sleeping
room to a person and, within 10 hours from the time the room is rented,
rent or subrent the same sleeping room again.
A.
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room of less than 150 square feet of floor space, a film,
videocassette or other video reproduction which depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
(1)
Each application for a sexually oriented business license shall contain
a diagram of the premises, showing the location of all managers' stations,
viewing rooms, overhead lighting fixtures, video cameras and monitors
installed for monitoring purposes and rest rooms, and shall designate
all portions of the premises in which patrons will not be permitted.
Rest rooms shall not contain video-reproduction equipment. 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 shall be oriented to the north or to some designated
street or object and shall 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 City Codes Enforcement Officer 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 or viewing room may be made without the prior approval of
the City Manager.
(4)
It shall be the duty of the operation, and of any employees present on the premises, 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.
(5)
The interior 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 one footcandle
as measured at the floor level. It shall be the duty of the operator,
and of any employees present on the premises, to ensure that the illumination
described above is maintained at all times that the premises is occupied
or open for business.
(6)
It shall be the duty of the operator, and of any employees present
on the premises, to ensure that no sexual activity occurs in or on
the licensed premises.
(7)
It shall be the duty of the operator, and of any employees present
on the premises, to ensure that not more than one person is present
in a viewing room at any time. No person shall enter a viewing room
that is occupied by another person.
(8)
It shall be the duty of the operator, and of any employees present
on the premises, to ensure no openings of any kind exist between viewing
rooms. No person shall make an attempt to make an opening of any kind
between viewing booths.
(9)
It shall be the duty of the operator, or of any employee who discovers
two or more patrons in a viewing room or discovers any person making
or attempting to make an opening of any kind between viewing room,
to immediately escort such person from the premises.
(10)
It shall be the duty of the operator or of any employee, who
discovers an opening of any kind between viewing rooms, to immediately
secure such rooms and prevent entry into them by any patron until
such time as the wall between the rooms has been repaired to remove
the opening. Removal and repairing openings between viewing rooms
shall be in a manner that is as structurally substantial as the original
wall construction.
(11)
It shall be the duty of the operator, during each business day,
to regularly inspect the walls between viewing rooms for openings
of any kind.
(12)
It shall be the duty of the operator and of any employee on
the premises to initiate and enforce a "no loitering" policy in viewing
rooms.
(13)
It shall be the duty of the operator to post conspicuous signs
in well-lighted entry areas of the business, stating all of the following:
(a)
That no loitering is permitted in viewing rooms.
(b)
That the occupancy of viewing rooms is limited to one person.
(c)
That sexual activity on the premises is prohibited.
(d)
That the making of openings between viewing rooms is prohibited.
(e)
That violators will be required to leave the premises.
(14)
It shall be the duty of the operator to ensure that floor coverings
in viewing rooms are nonporous, easily cleanable surfaces, with no
rugs or carpeting.
(15)
It shall be the duty of the operator to ensure that all wall
surfaces and seating surfaces in viewing rooms, or any room or area
providing patron privacy, are constructed of or permanently covered
by nonporous, easily cleanable material.
(16)
It shall be the duty of the operator to ensure that premises
are clean and sanitary at all times. Cleaning procedures shall include
all of the following:
(a)
The operator shall maintain a regular cleaning schedule, documented
by appropriate logs, and shall employ sufficient personnel to assure
the establishment is clean.
(b)
The operator shall provide an employee to check all areas for
garbage, trash, body fluids and excrement and to remove and clean
all areas with a disinfectant. All solid waste generated by the business
shall be collected from the premises for disposal at a lawful solid
waste disposal facility at least twice each week. Prior to collection,
solid waste shall be stored in a manner that prevents access by animals
or members of the public and which will not facilitate the creation
of a health nuisance.
(c)
Thorough cleaning of the entire interior of any room providing
patron privacy shall be done using a disinfectant. Cleaning shall
include floors, walls, doors, seating, monitors, video cameras and
windows and other surfaces.
(17)
It shall be the duty of the operator to ensure any seating within
a viewing room is designed so as to accommodate one person only.
(18)
It shall be the duty of the operator to provide in a conspicuous
place on the premises free information relating to the prevention
of sexually transmitted diseases, including AIDS.
(19)
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, including the interior of each viewing
room, but excluding rest rooms, to which any patron is permitted access
for any purpose. A manager's station shall not exceed 32 square
feet of floor area. If the premises has two or more managers' 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 managers' stations. The view required in
this subsection must be by direct line of sight from the manager's
station. It is the duty of the operator to ensure that at least one
employee is on duty and situated in each manager's station at
all times that any patron is on the premises. It shall be the duty
of the operator, and it shall also be the duty of any employees present
on the premises, to ensure that the view area specified in this subsection
remains unobstructed by any doors, curtains, walls, merchandise, display
racks or other materials or enclosures at all times that any patron
is present on the premises.
B.
It shall be unlawful for a person having a duty under this section
to knowingly fail to fulfill that duty.
A.
It shall be the duty of the operator of a sexually oriented business
to:
(1)
Initiate and enforce a "no loitering" policy within the external
boundaries of the real property upon which the sexually oriented business
is located.
(2)
Post conspicuous signs stating that no loitering is permitted on
such property.
(3)
Designate one or more employees to monitor the activities of persons
on such property by visually inspecting such property at least once
every 30 minutes or inspecting such property by use of video cameras
and monitors.
(4)
Provide adequate lighting of the exterior premises to provide for
visual inspection or video monitoring to prohibit loitering. The video
cameras and monitors shall operate continuously at all times that
the premises is open for business. The monitors shall be installed
within a manager's station.
B.
It shall be unlawful for a person having a duty under this section
to knowingly fail to fulfill that duty.
[Amended 3-23-1998 by Ord. No. 1586]
A person who violates any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000
plus costs, or imprisonment for any term not exceeding 90 days, or
both. Every day that a violation of this chapter continues shall constitute
a separate offense.
The provisions of this chapter shall apply to the activities
of all persons and sexually oriented businesses described herein,
whether such business or activities were established or commenced
before, on or after the effective date of this chapter.
A sexually oriented business which features persons who appear
in a state of nudity or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities shall be operated in accordance with the following regulations,
and it is unlawful for a licensee or operator to knowingly fail to
ensure compliance with the following regulations:
A.
A person shall not appear in a state of nudity or engage in a live
performance which is characterized by the exposure of specified anatomical
areas or by specified sexual activities except upon a stage elevated
at least 18 inches above floor level. All parts of the stage, or a
clearly designated area thereof within which the person appears in
a state of nudity or performs, shall be a distance of at least three
feet from all parts of a clearly designated area in which patrons
may be present. The stage or designated area thereof shall be separated
from the area in which patrons may be located by a barrier or railing
the top of which is at least three feet above floor level. No person
appearing in a state of nudity or engaging in such live performances
or a patron may extend any part of his or her body over or beyond
the barrier or railing.
B.
An employee may not touch the breast, buttocks or genitals of the
patron nor may a patron touch the breast, buttocks or genitals of
an employee.
C.
A patron may not place any money on the person or in or on the costume
of an employee.
D.
A person below the age of 18 years may not observe or appear in a
state of nudity or in such live performances on the premises of a
sexually oriented business.
E.
A sign in a form to be prescribed by the City Manager and summarizing the provisions of Subsections A, C and D of this section shall be distributed by the City Codes Enforcement Officer and shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.
The City Council of the City of DuBois declares this chapter
to be an emergency measure necessary for the preservation of the public
peace, health and safety, and it shall go into effect on passage.
The reason for the necessity for immediate effect is the need to limit
the negative secondary effects of urban blight, increased crime, diminution
of property values on existing business and surrounding residences.
