[Adopted 2-18-1999 by Ord. No. 371]
As used in this article, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained, not located within
viewing booths, 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, ADULT NOVELTY STORE OR ADULT VIDEO STORE
A commercial establishment which, as one of its substantial
business activities, offers for sale or rental for any form of consideration
any one or more of the following:
A.
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides,
CD ROM discs or other computer software, or other visual representations
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
B.
Instruments, devices or paraphernalia which is designed for
use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or other commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity or seminudity.
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions or visual presentations of any other kind which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminudity or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
EMPLOYEE
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 or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "Employee"
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises or for the
delivery of goods to the premises.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who or which furnishes,
offers to furnish or advertises to furnish escorts as one of his/her
or its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business.
B.
The conversion of an 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 or to a non-sexually-oriented
business.
D.
The relocation of any sexually oriented business.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
or both:
A.
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person.
B.
The age of the 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.
LICENSEE
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.
NUDE MODEL STUDIO
Any place where a person appears seminude, or in a state
of nudity, or displays specified anatomical areas and is provided
to be observed, sketched, drawn, painted, sculptured, photographed
or similarly depicted by other persons who pay money or any form of
consideration. "Nude model studio" shall not include a proprietary
school licensed by the Commonwealth of Pennsylvania or a college,
junior college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation, or in a structure:
A.
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing.
B.
Where in order to participate in a class a student must enroll
at least three days in advance of the class.
C.
Where no more than one nude or seminude model is on the premises
at any one time.
NUDITY OR A STATE OF NUDITY
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 discernibly turgid state.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
A.
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display of harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; engaging in organized criminal activity; sexual assault;
molestation of a child; gambling; or distribution of a controlled
substance; or any similar offenses to those described above under
the criminal or penal code of other states or countries;
B.
For which:
(1)
Less than two years has elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(2)
Less than five years has elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(3)
Less than five years has elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any twenty-four-month period.
C.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation or sodomy; or
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes 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 BOOTHS
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing:
A.
Films, movies, videos, or visual reproductions of any kind depicting
or describing specified sexual activities or specified anatomical
areas; or
B.
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.
The Township Chief of Police shall suspend a license for a period
not to exceed 30 days if he/she determines that a licensee or an employee
of a licensee has:
A. Violated or is not in compliance with any provision of this article.
B. Refused to allow an inspection of the sexually oriented business
premises as authorized by this article.
C. Knowingly permitted gambling by any person on the sexually oriented
business premises.
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 person who operates viewing booths or causes them to be operated
shall comply with the following requirements:
A. 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 license will
be conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The Township
may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that
the configuration of the premises has not been altered since it was
prepared.
B. The application shall be sworn to be true and correct by the applicant.
C. 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 all times that any patron is present inside the premises.
D. The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the 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. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required
in this subsection must be by direct line of sight from the manager's
station. In addition, all viewing booths shall have at least one side
fully open so that all of the area inside the booth is open to the
view of persons in the public area of the establishment.
E. It shall be the duty of the licensees to ensure that the viewing area specified in Subsection
D 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 pursuant to Subsection
A of this section.
F. No viewing room may be occupied by more than one person at any time.
G. The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five footcandles
as measured at the floor level.
H. It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
I. No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
J. No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
K. The licensee shall, during each business day, regularly inspect the
walls between the viewing booths to determine if any openings or holes
exist.
L. The licensee shall cause all floor coverings in viewing booths to
be nonporous, easily cleanable surfaces, with no rugs or carpeting.
M. 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.
A person commits a violation of this article 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
10:00 a.m., Monday through Saturday, or after 10:00 p.m., Monday through
Saturday. Sexually oriented businesses shall be closed at all times
on Sundays and legal holidays.
It is a defense to prosecution under §
122-14 that a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licensed by the Commonwealth of Pennsylvania,
a college, junior college or university supported entirely or partly
by taxation.
B. By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation.
C. In a structure:
(1) Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing.
(2) Where, in order to participate in a class, a student must enroll
at least three days in advance of the class.
(3) Where no more than one nude model is on the premises at any one time.
[Adopted 5-28-1985 by Ord. No. 307; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any person to disseminate and/or promote
and/or display publicly lewd material in the Township of Rochester.
A person shall be guilty of the offense of disseminating and/or promoting
and/or displaying publicly lewd material if, knowing its content and
character, he or she:
A. Disseminates or causes to be disseminated any lewd material in or
from a public place or vehicle, or for valuable consideration; or
has in his/her possession any lewd material with intent to so disseminate;
or knowingly allows the use of any business, building, vehicle or
place owned, leased, conducted or managed by him/her for such dissemination
of lewd material;
B. Sells an admission ticket or pass to premises where there is being
exhibited or is about to be exhibited lewd material or a performance
which contains lewd material;
C. Admits, by accepting a ticket or pass, a person to premises where
there is being exhibited or is about to be exhibited material or a
performance which contains lewd material;
D. Produces, presents, directs, or knowingly allows the use of any business,
building, vehicle or place owned, leased, conducted or managed by
him/her to be used for a performance which contains lewd material;
E. Participates in the portion of a live performance before an audience
which makes the performance contain lewd material; or
F. Panders, displays publicly, or disseminates door to door any lewd
material, or causes such pandering, public display or door-to-door
dissemination.
Any person who shall violate this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 plus costs
and, in default of payment, to imprisonment for a term not to exceed
30 days. Each day a violation of this article continues shall constitute
a separate offense.
The Solicitor of the Township of Rochester may institute proceedings
in equity in the Court of Common Pleas of Beaver County for the purpose
of enjoining any violation or potential violation of this article.