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.
ADULT ARCADE
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.
ADULT BOOKSTORE
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.
Books, magazines, periodicals or other printed matter, which
depict or describe specified sexual activities or specified anatomical
areas.
B.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities or specified anatomical
areas.
ADULT CABARET
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.
ADULT MOTEL
A hotel, motel or similar commercial establishment, which:
A.
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.
B.
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.
C.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
CITY MANAGER or MANAGER
The City Manager of the City of DuBois or such person or
persons as may be designated by the City Manager.
EMPLOYEE
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.
ESTABLISHED or ESTABLISHMENT
Any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business.
B.
The conversion of any existing business, whether or not a sexually
oriented business, to any sexually oriented business.
C.
The addition of any sexually oriented business to any other
existing sexually oriented business.
D.
The relocation of any sexually oriented business.
LICENSEE
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.
NONPOROUS
Shall exclude any wood, plywood, composition board or other
porous material.
NUDITY or A STATE OF NUDITY
Shall mean:
A.
The appearance of the cleft of the buttocks, anus, male genitals,
female genitals or areola of the female breast.
B.
A state of dress which fails to opaquely cover the cleft of
the buttocks, anus, male genitals, female genitals or areola of the
female breast.
OPERATE or CAUSE TO BE OPERATED
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.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
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.
SEXUALLY ORIENTED BUSINESS
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.
SPECIFIED ANATOMICAL AREAS
A.
Human genitals in a state of sexual arousal.
B.
The appearance of the cleft of the buttocks, anus, male or female
genitals or areola of the female breast.
C.
A state of dress which fails to opaquely cover the cleft of
the buttocks, anus, male or female genitals or areola of the female
breast.
SPECIFIED SEXUAL ACTIVITY
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
Transfer of ownership or control of a sexually oriented business
shall mean any of the following:
A.
The sale, lease or sublease of the business.
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
C.
The establishment of a trust, gift or other similar legal device,
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
VIEWING ROOM
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:
E. Any combination or classifications set forth in Subsections
A through
D of this section.
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.
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 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.
[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.