[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree 12-8-1997 by Ord. No. 1355 (Ch. 868 of the 1982 Code). Amendments
noted where applicable.]
A.
Purpose.
(1)
Pursuant to the authority granted to home rule municipalities of
the Commonwealth of Pennsylvania to prohibit nuisances; to promote
the health, welfare, cleanliness, comfort and safety of their citizens;
and to regulate the time of opening and closing and the conduct of
places of public entertainment, amusement and recreation, the Borough
of Green Tree enacts this chapter to minimize and control the adverse
secondary effects of sexually oriented businesses and thereby protect
the health, safety and welfare of its citizens; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of blight.
(2)
Council of the Borough of Green Tree has determined that licensing
is a legitimate and reasonable means of accountability to ensure that
operators of sexually oriented businesses comply with reasonable regulations
and to ensure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
(3)
Council of the Borough of Green Tree does not intend this chapter
to suppress any speech activities protected by the First Amendment
but to enact a content-neutral chapter which addresses the secondary
effects of sexually oriented businesses.
B.
Legislative findings. Council hereby finds that:
(1)
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, the presence of discarded sexually oriented materials
on public and private property, sexual harassment, obscenity, prostitution
and other illegal sexual activities, crime and neighborhood deterioration.
(2)
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 Borough. 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.
(3)
Removal of doors on viewing booths and requiring sufficient lighting
on premises with viewing booths advance a substantial governmental
interest in discouraging the illegal and unsanitary sexual activity
occurring in adult theaters.
(4)
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.
(5)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of sexually
oriented businesses will help limit and control the adverse secondary
effects of such businesses.
(6)
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.
(7)
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.
(8)
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 which leads to the transmission of sexually transmitted diseases.
(9)
The general welfare, health and safety of the citizens of the Borough
will be promoted by the enactment of this chapter.
(10)
Limitation of operating hours of sexually oriented businesses
to 11:00 a.m. to 11:00 p.m., prevailing time, 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.
As used in this chapter, the following words and phrases shall
have the meanings indicated, unless the context clearly indicates
a different meaning:
As defined in § 420-9(1).
As defined in § 420-9.
As defined in § 420-9.
As defined in § 420-9.
As defined in § 420-9.
As defined in § 420-9.
As defined in § 420-9.
As defined in § 420-9.
As defined in § 420-9.
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 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 person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
As defined in § 420-9.
Includes any of the following:
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 to any other
existing sexually oriented business or to a non-sexually oriented
business; or
The relocation of any sexually oriented business.
For purposes of this chapter only, means having general knowledge
of, or reason to know, or a belief in, or ground for belief in, which
warrants further inspection or inquiry, or both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person; and
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.
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.
As defined in § 420-9.
As defined in § 420-9.
As defined in § 420-9.
As defined in § 420-9.
As defined in § 420-9.
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.
As defined in § 420-9.
Any of the following offenses: Prostitution or the promotion
of prostitution; the dissemination of obscenity; sale, distribution
or display of harmful material to a minor; a sexual performance by
a child; the 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;
distribution of a controlled substance; or any similar offenses to
those described above under the criminal or penal code of other states
or countries,
For which:
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
Less than five years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or a combination of misdemeanor offenses occurring
within any twenty-four-month period.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
As defined in § 420-9.
Includes 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; or
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing films, movies, videos
or visual reproductions of any kind depicting or describing specified
sexual activities or specified anatomical areas, 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 is unlawful:
(1)
For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the Borough of
Green Tree pursuant to this chapter;
(2)
For any person who operates a sexually oriented business to employ
a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the Borough of Green Tree
pursuant to this chapter;
(3)
For any person to obtain employment with a sexually oriented business
without having secured a sexually oriented business employee license
pursuant to this chapter;
(4)
Beginning on the 16th day after the enactment of this chapter, for
any person to continue to operate any sexually oriented business in
operation at the time of enactment of this chapter without a valid
sexually oriented business license pursuant to this chapter;
(5)
Beginning on the 16th day after the enactment of this chapter, for
any person who operates 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 Borough pursuant to this chapter;
or
(6)
Beginning on the 16th day after the enactment of this chapter, for
any person to obtain employment with a sexually oriented business
in operation at the time of the enactment of this chapter without
having secured a sexually oriented business employee license pursuant
to this chapter.
B.
An application for a license must be made on a form provided by the
Borough of Green Tree.
C.
All applicants must be qualified according to the provisions of this
chapter. The application may request and the applicant shall provide
such information (including fingerprints) as to enable the Borough
of Green Tree to determine whether or not 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 the applicant. If the person who wishes to operate a sexually oriented
business is other than an individual, each individual who has a twenty-percent
or greater interest in the business must sign the application for
a license as an 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 or her legal name
and any aliases and submit proof that he or she is at least 18 years
of age;
(b)
A partnership, the partnership shall state its complete name,
the names of all partners and whether the partnership is general or
limited, and shall provide a copy of the partnership agreement, if
any; and
(c)
A corporation, the corporation shall state its complete name,
the date of its incorporation, the names and capacities of all officers,
directors and principal stockholders, the name of the registered corporate
agent and the address of the registered office for service of process,
and shall provide evidence that the corporation is in good standing
under the laws of its state of incorporation and is qualified and
authorized to conduct business in Pennsylvania.
(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 or a person residing with the applicant has
been convicted of a specified criminal activity, as defined in this
chapter, and if so, the specified criminal activity involved and the
date, place and jurisdiction of each.
(4)
Whether the applicant or a person residing with the applicant has
had a previous license under this chapter or another similar sexually
oriented business ordinance from another municipality, state or county
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 or a person residing with 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 or a person residing with the applicant holds
any other licenses under this chapter or other similar sexually oriented
business ordinance from another municipality, state or county 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 business,
which description shall thoroughly demonstrate compliance and/or intended
compliance with all of the provisions of this chapter.
(7)
The location of the proposed sexually oriented business, including
a legal description of the property, the street address and telephone
number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant.
(10)
The applicant's driver's permit number, social security
number and his or her state or federally issued tax identification
number.
(11)
A sketch or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the business.
The sketch or diagram need not be professionally prepared, but it
must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
(12)
A current certificate and straight-line drawing prepared within
30 days prior to application by a registered land surveyor, depicting
the property lines and the property to be certified.
(13)
If an applicant wishes to operate a sexually oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in Subsection E(11) hereof and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(14)
The application form shall inform the applicant that separate
applications are required for any necessary zoning permits, subdivision
and land development approvals or building and occupancy permits and
that the applicant may apply for such permits and approvals by contacting
the Borough Manager or the Code Enforcement Officer and that Department
of Labor and Industry approval is required.
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
Borough of Green Tree the following information:
(1)
The applicant's name or any other names (including "stage" names)
or aliases used by the individual;
(2)
The applicant's age, date and place of birth;
(3)
The applicant's height, weight, hair and eye color;
(4)
The applicant's present residence address and telephone number;
(5)
The applicant's present business address and telephone number;
(6)
The date, issuing state and number of the applicant's driver's
license or other identification card information;
(7)
The applicant's 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 of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by
any police department. Any fees for the photographs and fingerprints
shall be paid by the applicant.
(2)
A statement detailing the license history of the applicant for the
five years immediately preceding the date of the filing of the application,
including whether or not such applicant previously operated or is
seeking to operate, in this or any other county, municipality, state
or country, any business, or has ever had a license, permit or authorization
to do business denied, revoked or suspended, or had any professional
or vocational license or permit denied, revoked or suspended. In the
event of any such denial, revocation or suspension, the name of the
business and the name of the issuing or denying jurisdiction shall
be stated, and the reason for the denial, revocation or suspension
shall be described in full. A copy of any order of denial, revocation
or suspension shall be attached to the application.
(3)
A statement as to whether or not the applicant has been convicted
of a specified criminal activity, as defined in this chapter, and
if so, the specified criminal activity involved and the date, place
and jurisdiction of each.
A.
Upon the filing of any application in a fully completed form for
a sexually oriented business license or for a sexually oriented business
employee license, the application shall be referred to the Borough
Manager for review and investigation. The Borough Manager shall utilize
any available resources, through the Pennsylvania State Police, the
Commonwealth of Pennsylvania and/or other law enforcement agencies,
as may be necessary to complete the review and investigation required
by this chapter. Within 30 days from the date the completed application
is filed, the Borough Manager shall issue a license, unless it is
determined by the Borough Manager that one or more of the following
findings are true:
(1)
The 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.
(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 sexually oriented business employee license is to be used for
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 employee license revoked by the Borough within two years of the date of the current application. Denial, suspension or revocation of a license issued pursuant to this paragraph shall be subject to appeal as set forth in § 265-9.
(6)
The required application, investigation and license fees have not
been paid.
(7)
An applicant's license to operate a sexually oriented business,
issued by any jurisdiction, has been revoked within the preceding
12 months.
(8)
The proposed sexually oriented business is in violation of or is
not in compliance with any of the provisions of this chapter.
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 Borough that the applicant has not been convicted of any specified criminal activity, as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 265-5.
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 and the specific classification
of sexually oriented use for which the license is issued. Licenses
for sexually oriented businesses shall state that the sexually oriented
business shall not commence until all necessary zoning, subdivision
and land development and/or building code approvals and Department
of Labor and Industry approvals are obtained. All licenses shall be
posted in a conspicuous place at or near the entrance to the sexually
oriented business so that they may be easily read at any time.
D.
Applications for building and occupancy permits shall be processed
and either denied or approved within 30 days of receipt of a complete
application by the Borough.
E.
A sexually oriented business license shall be issued for the specific
classification of the sexually oriented use which is permitted by
ordinance and applied for.
G.
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to Council of the Borough of Green Tree. Council shall then hold a local agency law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of Council of the Borough of Green Tree may be taken to court subject to § 265-9E.
A.
Every application for a sexually oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee in
an amount of $700 or such other amount as may be set by resolution
of the Council of the Borough of Green Tree.
B.
In addition to the application and investigation fee required above,
every sexually oriented business that is granted a license (new or
renewal) shall pay to the Borough an annual nonrefundable license
fee within 30 days of license issuance or renewal in the amount of
$300 or such other amount as may be set by resolution of Council of
the Borough of Green Tree.
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 a nonrefundable application and investigation
fee in an amount of $700 or such other amount as may be set by resolution
of the Council of the Borough of Green Tree.
D.
In addition to the application and investigation fee required above,
every sexually oriented business employee who is granted a license
(new or renewal) shall pay to the Borough an annual nonrefundable
license fee within 30 days of license issuance or renewal in the amount
of $300 or such other amount as may be set by resolution of Council
of the Borough of Green Tree.
E.
All license applications and fees shall be submitted to the office
of the Borough Manager and thereafter reviewed, investigated and approved
or denied as set forth herein.
A.
An applicant or licensee shall permit authorized Borough officials
and their agents or consultants to inspect the premises of a sexually
oriented business for the purpose of ensuring compliance with the
law at any time such premises are occupied or open for business.
B.
A person who operates a sexually oriented business, or his or her
agent or employee, commits a violation of this chapter if he or she
refuses to permit such lawful inspection of the premises at any time
they are occupied or open for business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 265-3. 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 Borough denies renewal of a license, the applicant shall
not be issued a license for one year from the date of denial. If,
subsequent to denial, the Borough finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the denial became final.
The Borough Manager shall suspend a license for a period not
to exceed 30 days if it is determined that a licensee or an employee
of a licensee has:
A.
The Borough shall revoke a license if a cause of suspension, as set forth in § 265-8, occurs and the license has been suspended within the preceding 12 months.
B.
The Borough shall revoke a license if the Borough Manager 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; or
(6)
A licensee is delinquent in payment to the Borough for any licensing
fees past due.
C.
When the Borough 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 the revocation became
effective. If, subsequent to the revocation, the Borough finds that
the basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
D.
All license application, renewal, suspension or revocation decisions
shall be sent in writing to the applicant or licensee at the address
set forth in the license. All such decisions which deny, suspend or
revoke a permit shall state specifically the requirement of this chapter
that is 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 Local Agency Law to the Council of the Borough
of Green Tree. Council will then hold a Local Agency Law hearing 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. Any
such appeal must be filed, in writing, with the Borough Manager within
10 days from the date of mailing of the decision appealed from. Failure
to file said appeal with the Borough Manager within 10 days from the
date of the mailing of the decision appealed from shall be deemed
a conclusive determination as to the issues or matters addressed by
the written decision. In the case of a denial of a 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:
E.
Any person aggrieved by a decision of Council of the Borough of Green
Tree may appeal to a court of competent jurisdiction. The Borough
shall, upon filing of such appeal, consent to any reasonable request
for an expedited hearing presented by the license applicant or licensee
to the court. The Borough shall certify any record to the court within
20 days of any request by the court to do so.
A licensee shall not transfer his or 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.
A person who operates viewing booths or causes them to be operated
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 managers' 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 Borough 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)
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.
(4)
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 have 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. 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.
(5)
It shall be the duty of the licensee to ensure that the view area specified in Subsection A(4) hereof 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 in the application filed pursuant to Subsection A(1) hereof as an area in which patrons will not be permitted.
(6)
No viewing room may be occupied by more than one person at any time.
(7)
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.
(8)
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.
(9)
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
(10)
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(11)
The licensee shall, during each business day, regularly inspect
the walls between the viewing booths to determine if any openings
or holes exist.
(12)
The licensee shall cause all floor coverings in viewing booths
to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13)
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.
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 in or on the
premises of a nude model studio. It is a defense to prosecution under
this subsection if the person under 18 years was in a rest room not
open to public view or not visible to any other person.
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 in an area of a nude model studio premises which can be
viewed from the public right-of-way.
D.
A nude model studio shall not place or permit a bed, sofa or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
A.
Public place defined.
(1)
It shall be a violation of this chapter for a person to knowingly
and intentionally, in a public place:
(2)
For purposes of this chapter, "public place" includes all outdoor
areas owned by or open to the general public and all buildings and
enclosed places 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 rooms 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 the exercise of
free speech or free expression in the form of artistic and theatrical
performances. It is the intention of the Borough of Green Tree 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.
B.
It shall be a violation of this chapter for a person to knowingly
or intentionally, in a sexually oriented business, appear in a seminude
condition, unless the person is an employee who, while seminude, shall
be at least 10 feet from any patron or customer and on a stage at
least two feet above the floor.
C.
It shall be a violation of this chapter for an employee, while seminude
in a sexually oriented business, to solicit any pay or gratuity from
any patron or customer or for any patron or customer to pay or give
any gratuity to any employee while said employee is seminude in a
sexually oriented business.
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
11:00 a.m., Monday through Saturday, or after 11:00 p.m., Monday through
Saturday, prevailing time. Sexually oriented businesses shall be closed
at all times on Sundays and legal holidays.
A.
It is a defense to a prosecution under § 265-14 that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school licensed by the Commonwealth of Pennsylvania
or by a college, junior college or university supported entirely or
partly by taxation;
(2)
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation; and
(3)
In a structure:
(a)
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing;
(b)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(c)
Where no more than one nude model is on the premises at any
one time.
A.
Any person, firm or corporation who or which violates or permits
the violation of any provision of this chapter, or the rules and regulations
approved and adopted under authority of this chapter, shall pay a
fine not exceeding $1,000 for each violation. Whenever such person
shall have been officially notified by the Borough that he is committing
a violation of this chapter or such rules and regulations, each day
that he or she shall continue such violation after such notification
shall constitute a separate violation punishable by a like fine. Any
person who violates or permits the violation of this chapter shall
pay, in addition to the fine set forth above, all court costs and
reasonable attorney's fees incurred by the Borough in connection
with any civil enforcement proceedings brought to enforce this chapter.
B.
The Borough may commence civil enforcement proceedings to assess
fines for violations of this chapter. In addition to such civil enforcement
proceedings, the Borough may commence, at any time, appropriate actions
in equity or otherwise to prevent, restrain, correct, enjoin or abate
violations of this chapter.
