It is unlawful for:
A.
Any person to operate a sexually oriented business without a valid
sexually oriented business license issued by the Township pursuant
to this chapter.
B.
Any person who operates a sexually oriented business to employ a
person to work for the sexually oriented business who is not licensed
as an adult employee by the Township pursuant to this chapter.
C.
Any person to obtain employment with a sexually oriented business
without having secured an adult employee license pursuant to this
chapter.
D.
The substantial enlargement of any adult or sexually oriented business.
An application for a license must be made on a form provided
by the Township.
A.
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 Township
to determine whether the applicant meets the qualifications established
in this chapter.
B.
If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as an applicant. If a 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 §§ 57-4 and 57-7, and each applicant shall be considered an adult licensee if a license is granted.
C.
The completed application for a sexually oriented business license
shall contain the following information and shall be accompanied by
the following documents:
(1)
If the applicant is:
(a)
An individual, the individual shall state his/her legal name
and any aliases and submit proof that he/she is at least 18 years
of age or older;
(b)
A partnership, the partnership shall state its complete name,
and the names of all partners, whether the partnership is general
or limited, and a copy of the partnership agreement, if any; or
(c)
A corporation, the corporation shall state its complete name,
the date of its incorporation, evidence that the corporation is in
good standing under the laws of its state of incorporation, the names
of all officers, directors and principal stockholders, and the name
of the registered corporate agent and the address of the registered
office for service of process.
(2)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he or she must state
the sexually oriented business's fictitious name and submit the
required registration documents.
(3)
Whether the applicant, 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, 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 other similar sexually
oriented business license from another governmental entity 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 oriented business
license from another governmental entity and, if so, the names and
locations of such other licensed businesses.
(6)
The single classification of license for which the applicant is filing.
(7)
The location of the proposed sexually oriented business, including
a legal description of the property, street address, Township block
and unit numbers and telephone number(s).
(8)
A diagram showing the configuration and footprint of the premises,
including a statement of total floor space occupied by the business.
The diagram shall be prepared and sealed by either a registered architect
or a professional engineer.
(9)
A current certificate and straight-line drawing prepared within 60 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified and the property lines of any established religious institution or place of worship, school, day-care center or public park or recreation area within 1,000 feet of the property to be certified. For purposes of this section and Chapter 350, Zoning, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(10)
The applicant's mailing address and residential address.
(11)
The applicant's driver's license number, social security
number, and/or his/her state or federally issued tax identification
number.
(12)
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, compact discs, slides, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall also comply with the application requirements set forth in § 57-18.
(13)
A signed statement by the applicant declaring that all data and documents
submitted by the applicant to the Township in support of the application
are true and correct.
A.
The applicant's name or any other name (including stage names)
or aliases used by the individual;
B.
Age, date and place of birth;
C.
Height, weight, hair and eye color;
D.
Present residence address and telephone number;
E.
Present business address and telephone number;
F.
Date, issuing state and number of driver's permit or other identification
card information;
G.
Social security number;
H.
Proof that the individual is at least 18 years of age; and
I.
A signed statement by the applicant declaring that all data and documents
submitted by the applicant to the Township in support of the application
are true and correct.
Attached to the application form for either a sexually oriented
business license or an adult employee license, as provided above,
shall be the following:
A.
A color photograph of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by
the Police Department. Any fees for the photographs and fingerprints
shall be paid by the applicant.
B.
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 such applicant previously operated or is seeking
to operate, in this or any other Township, county, state, or country,
a sexually oriented business, and if said applicant 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, state the name, the name of the issuing or denying
jurisdiction, and describe in full the reason for the denial, revocation,
or suspension. A copy of any order of denial, revocation, or suspension
shall be attached to the application.
C.
A declaration stating whether the applicant has been convicted of
any specified criminal activity as defined in this chapter and, if
so, the specified criminal activity involved, and the date, place
and jurisdiction of each.
Within 60 days after receipt of a completed sexually oriented
business application, the Township shall approve or deny the issuance
of a license to an applicant. The Township shall approve the issuance
of a license to an applicant unless it is determined by a preponderance
of evidence that one or more of the following findings is true:
A.
An applicant is under 18 years of age;
B.
An applicant or a person with whom the applicant is residing is delinquent
in payment to the Township of taxes, fees, fines, or penalties assessed
against or imposed upon him/her in relation to any business.
C.
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.
D.
An applicant or a person with whom the applicant is residing has
been denied a license by the Township to operate a sexually oriented
business within the preceding 12 months or whose license to operate
a sexually oriented business has been revoked within the preceding
12 months.
E.
An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity as defined in this Chapter 57.
F.
The premises to be used for the sexually oriented business has not
been approved by the Public Works, Building and Zoning Department
and the Fire Marshal as being in compliance with applicable laws and
ordinances. Any such review shall be completed within 60 days of receipt
of an application by the Township.
G.
The license fee required by this chapter has not been paid.
H.
An applicant of the proposed adult establishment is in violation
of or is not in compliance with any of the provisions of this chapter.
Upon the filing of said application for an adult employee license,
the Township shall issue a temporary license to said applicant. The
application shall then be referred to the appropriate Township departments
for an investigation to be made on such information as is contained
on the application. The application process shall be completed within
60 days from the date the completed application is filed. After the
investigation, the Township shall issue a license, unless it is determined
by a preponderance of evidence that one or more of the following findings
is true:
A.
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;
B.
The applicant is under the age of 18 years;
C.
The applicant has been convicted of a specified criminal activity
as defined in this chapter;
D.
The adult 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; or
E.
The applicant has had an adult employee license revoked by the Township within two years of the date of the current application. If the sexually oriented business adult employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 57-15.
A.
A license granted pursuant to this chapter shall be subject to annual
renewal upon the written application of the applicant and a finding
by the Township that the applicant has not been convicted of any specified
criminal activity as defined in this chapter or committed any act
during the existence of the previous license, which would be grounds
to deny the initial license application.
C.
An applicant or adult licensee shall permit representatives of the
Building and Zoning Department, Fire Marshal, Police Department, or
other Township departments or agencies to inspect the premises of
a sexually oriented business for the purpose of insuring compliance
with the law at any time it is occupied or open for business.
D.
A person who operates a sexually oriented business or the person's
agent or adult employee commits a violation of this chapter if he
refuses to permit such lawful inspection of the premises at any time
it is open for business.
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 classification for which the license is issued pursuant to § 57-2. 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.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 57-4. Application for renewal shall be made at least 60 days and not more than 90 days before the expiration date. If the application for renewal has not been received by the Township by the 59th day before the expiration date thereof, the license shall automatically expire at the one-year anniversary of the issuance of the license.
If the Township denies renewal of a license, an applicant shall
not be issued a license for one year from the date of denial. If,
subsequent to denial, the Township 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 denial became final.
The Township shall suspend a license for a period not to exceed
60 days if it determines that an adult licensee or an adult employee
has:
The Township shall revoke a license if a cause for suspension per § 57-13 occurs and the license has been suspended within the preceding 12 months. The Township shall revoke a license if it determines that:
A.
An adult licensee gave false or misleading information in the material
submitted during the application process;
B.
An adult licensee has knowingly allowed possession, use, or sale
of controlled substances on the premises;
C.
An adult licensee has knowingly allowed prostitution on the premises;
D.
An adult licensee knowingly operates the sexually oriented business
during the period of time when the adult licensee's license was
suspended;
E.
Except in the case of an adult motel, an adult 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
F.
An adult licensee is delinquent in payment to the Township, county,
or commonwealth for any taxes, fees, fine or judgments past due.
If the Township revokes a license, the revocation shall continue
for one year, and the adult licensee shall not be issued a sexually
oriented business license for one year from the date the revocation
became effective. If, subsequent to revocation, the Township 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. However, after denial
of an application, or denial of a renewal of an application, or suspension
or revocation of any license, the applicant or adult licensee may
seek prompt judicial review of such administrative action in any court
of competent jurisdiction. The applicant shall reimburse the Township
for all legal fees incurred by the Township in defending its actions.
An adult licensee shall not transfer its license to another,
nor shall an adult licensee operate a sexually oriented business under
the authority of a license at any place other than the address designated
in the application. In the case of multiple buildings on the premises,
the sexually oriented business shall not take place in any other building
than that designated on the application.
