A.
Evidence that a room with a bed in a hotel, motel, or a 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.
B.
A person commits a violation of this chapter if, as the person in
control of a room with a bed in a hotel, motel, or similar commercial
establishment that does not have a sexually oriented license, he rents
or subrents a sleeping room to a person and, within 10 hours from
the time the room is rented, he rents or subrents the same sleeping
room again.
C.
For the purpose of this section, the terms "rent" or "subrent" mean
the act of permitting a room to be occupied for any form of consideration.
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,
video cassette, compact disc, live entertainment, or other video reproduction
which depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
(1)
Upon application for a sexually oriented license, the application
shall be accompanied by a diagram, prepared and sealed by either a
registered architect or professional engineer, 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 permit will
be conspicuously posted, if granted. The diagram shall be to scale
and show the floor layout with all dimensions, a north arrow and surrounding
streets. 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.
(2)
No alteration in the configuration or location of a manager's
station may be made without the prior written approval of the Township.
(3)
It is the duty of the adult licensee of the premises to ensure that
at least one licensed adult 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 a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms 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 by § 57-18 must be by direct line of sight from the manager's station.
(5)
It shall be the duty of the adult licensee to ensure that the view area specified in this section remains unobstructed by any doors, false or tinted windows, mirrors, 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 filed pursuant to §§ 57-3 through 57-6.
(6)
No viewing room may be occupied by more than one patron 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 5.0 footcandles
as measured at the floor level.
(8)
It shall be the duty of the adult licensee to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
(9)
No adult licensee shall allow openings of any kind to exist between
viewing rooms or booths.
(10)
No patron shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(11)
The adult licensee shall, during each business day, regularly
inspect the walls between the viewing booths to determine if any openings
or holes exist.
(12)
The adult licensee shall cause all floor coverings in viewing
booths to be nonporous, easily cleanable surfaces, with no rugs or
carpeting.
(13)
The adult 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.
B.
A person having a duty under this article commits a violation of
this chapter if he knowingly fails to fulfill that duty.
A.
A nude model studio shall not, knowing or unknowingly, employ any
person under the age of 18 years.
B.
A person under the age of 18 years commits an offense 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 restroom not open to public
view or visible to any other person.
C.
A person commits an offense 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.
It shall be a violation of this chapter for a person who knowingly
and intentionally, in a sexually oriented business, appears in a state
of nudity or depicts specified sexual activities.
B.
It shall be a violation of this chapter for a person who knowingly
or intentionally in a sexually oriented business appears in a seminude
condition unless the person is an adult employee who, while seminude,
shall be at least 10 feet from any patron or customer and on a stage
at least two feet from the floor.
C.
It shall be a violation of this chapter for an adult 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 adult employee, while said adult employee
is seminude in a sexually oriented business.
D.
It shall be a violation of this chapter for an adult employee, while
seminude, to touch a customer or the clothing of a customer.
A person commits a violation of this chapter if the person,
knowingly or unknowingly, allows a person under the age of 18 years
on the premises of a sexually oriented business.
All outdoor trash containers shall be kept locked or shall be
kept in locked enclosures. This requirement shall apply to all sexually
oriented businesses, and any failure to comply with the provisions
of this section shall constitute a violation of this chapter.
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 12:00 a.m. and 8:00 a.m.
on weekdays and Saturdays, and 12:00 a.m. and 12:00 noon on Sundays.
It is a defense to prosecution under § 57-20 that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a propriety school, licensed by the Commonwealth of Pennsylvania
or 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 transferrable to a college, junior college,
or university supported entirely or partly by taxation; or
C.
In a structure:
A person or legal entity who violates any provision of this
chapter shall be guilty of a summary offense, and upon conviction
thereof before a District Justice, shall be subject to a fine of not
less than $300 and not more than $1,000, and shall be required to
pay the costs of prosecution (including reasonable legal fees). Each
violation shall be considered a separate and distinct offense. Further,
each day of continued violation or noncompliance shall be considered
as a separate offense. In addition to the foregoing, the Township
may take such other lawful action in any court of competent jurisdiction
as is necessary to prevent or remedy any violation of this chapter.
Such other lawful actions shall include, but shall not be limited
to, an equitable action for injunctive relief or an action at law
for damages.
