[HISTORY: Adopted by the Borough Council of the Borough of
Ambridge 11-16-1998 by Ord. No. 1137. Amendments noted where applicable.]
A.
Purpose.
(1)
Pursuant to the authority granted in the Borough Code to prohibit
nuisances; to promote the health, cleanliness, comfort and safety
of the citizens of the Borough of Ambridge; to define and prohibit
disorderly practices; to regulate buildings and to regulate the time
of opening and closing and the conduct of places of public entertainment,
amusement and recreation, the Borough 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)
The Borough Council has determined that location criteria alone does
not adequately protect the health, safety and general welfare of the
people of the Borough and 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.[1]
B.
Legislative findings.
(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, presence of discarded sexually oriented materials
in public places and 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 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 requires that the licensee
is the actual operator of the sexually oriented business, fully in
possession and control of the premises and activities occurring therein.[2]
(3)
Removal of doors on viewing booths and requiring sufficient lighting
on premises with viewing booths advances a substantial governmental
interest in discouraging 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 incidents 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 the sexually
oriented business reduces 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 designated 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 10:00 a.m. to 10:00 p.m., 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:
Any place to which the public is permitted or invited whereon
coin-operated, slug-operated or for any form of consideration 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.
Commercial establishment which, as its substantial business
activity, offers for sale one of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video reproductions, slides, CD-ROM discs
or computer software or other representations which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A nightclub, bar, restaurant or other commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
Films, motion pictures, videocassettes, 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.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, 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.
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.
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.
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.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one its primary business
purposes for a fee, tip or other consideration.
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 nonsexually oriented business.
The relocation of any sexually oriented business.
Having general knowledge of, or reason to know, a belief
or grounds for belief which warrants further inspection or inquiry,
of both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person.
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.
Any place where a person who appears seminude, in a state
of nudity or who displays specified anatomical areas, 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:
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.
Where in order to participate in a class a student must enroll
at least three days in advance of the class.
Where no more than one nude or seminude model is on the premises
at any one time.
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.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The state of dress in which the clothing partially or nonopaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
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.
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.
Any of the following offenses: 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,
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.
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 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.
Any of the following:
Of a sexually oriented business, 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.
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: 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.
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 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 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)
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)
For any person who operates a sexually oriented business in operation
at the time of 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.
B.
An application for a license must be made on a form provided by the
Borough.
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
to determine whether 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 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 applicant. Each applicant must be qualified under the
following subsection, 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 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.
(b)
A partnership; the partnership shall state its complete name
and the name of all partners, whether the partnership is general or
limited, and a copy of the partnership agreement, if any.
(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 and qualified
and authorized to conduct business in Pennsylvania, the names and
capacity 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.
(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 conviction.
(4)
Whether the applicant, or a person residing with the applicant, had
a previous license under this chapter or other 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 the other licensed businesses.
(6)
The specific classification of sexually oriented use for which the
applicant is filing.
(7)
The location of the proposed sexually oriented business, including
a legal description of the property, street address and telephone
number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's permit number, social security
number and his/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 of 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 § 236-11 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: a) 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 by contacting the Borough
Building Officer; and b) that Department of Labor and Industry approval
is required.
F.
Before the applicant may be issued a sexually oriented business employee
license, the applicant shall submit on a form provided by the Borough
the following information:
(1)
The applicant's name or any other name, including "stage" names
or aliases, used by the individual.
(2)
Age, date and place of birth.
(3)
Height, weight, hair and eye color.
(4)
Present residence address and telephone number.
(5)
Present business address and telephone number.
(6)
Date, issuing state and number of driver's license other identification
card information.
(7)
Social security number.
(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 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, 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.
(3)
A statement as to whether 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.
A.
Upon the filing of said application in a fully completed form for
a sexually oriented business license or for a sexually oriented business
employee license, the application shall then be referred to the Borough
Chief of Police for review and investigation. Reference to the Borough
Chief of Police herein shall include any designee of the Chief of
Police. The Borough Chief of Police 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 Chief of Police
shall issue a license, unless it is determined by the Chief of Police
that one or more of the following findings is 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.
(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,
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. If the sexually oriented business 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 § 236-9.
(6)
The required application, investigation and license fee 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 Chief of Police 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 fees set forth in § 236-5.[1]
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.[2]
D.
Applications for building and occupancy permits shall be processed
and either denied or approved within 30 days of a complete application
by the Borough.
E.
A sexually oriented business license shall issue for the specific
classification of sexually oriented use as 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 the Borough Council. The Borough 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 the Borough Council may be taken to court, subject to § 236-9E of this chapter.
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 set by resolution of the Borough Council.[1]
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 in an amount set by resolution of the Borough Council within 30
days of license issuance or renewal.
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 an annual nonrefundable application, investigation
and license fee in an amount set by resolution of the Borough Council.
D.
All license applications and fees shall be submitted to the office
of the Borough Manager, and thereafter, the application shall be forwarded
to the Borough Chief of Police for review and investigation and approval
or denial.
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 it is occupied or open for business.
B.
A person who operates a sexually oriented business, or his agent
or employee, commits a violation of this chapter if he refuses to
permit such lawful inspection of a premises at any time it is 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 § 236-3. 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 denial became final.
The Borough Chief of Police shall suspend a license for a period
not to exceed 30 days if he determines that a licensee or an employee
of a licensee has:
A.
The Borough Chief of Police shall revoke a license if a cause of suspension in § 236-8 occurs and the license has been suspended within the preceding 12 months.
B.
The Borough Chief of Police shall revoke a license if he determines
that:[1]
(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.
(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 for one year from the date the revocation became effective. If subsequent to revocation the Borough finds that the basis for the revocation has been corrected or abated, the revocation may be dissolved if at least 90 days have elapsed since the date the revocation became effective and the basis for the revocation was not a basis set forth in Subsection B.
D.
All license application, renewal, suspension or revocation decisions
shall be sent in writing to the applicant or licensee. All such decisions
which deny, suspend or revoke a permit shall state specifically the
ordinance requirement 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 the Local Agency Law to Borough Council.
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 of matters addressed
by the written decision. The Borough 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. 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 the Borough Council may appeal
to a court of competent jurisdiction. The Borough shall, upon filing
of such appeal, consent to any request by a license applicant or licensee
to the court to give expedited review to such appeal. 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/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 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.
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.[1]
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 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
stations. 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.[2]
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 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 licensees 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.
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 the
person appears seminude or in a state of nudity in or on the model
studio. It is a defense to prosecution under this subsection if the
person under 18 was in a rest room not open to public view or 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 that 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 to knowingly
and intentionally in a public place:
B.
For purposes of this article, "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
such places of entertainment, taverns, restaurants, clubs, theaters,
dance halls, banquet halls, party rooms or halls limited to specific
members, restricted to adults or to patrons invited to attend, whether
or not an admission charge is levied. This section shall not apply
to:[1]
(1)
Any child under 10 years of age.
(2)
Any individual exposing a breast in the process of breastfeeding
an infant under two years of age.
(3)
The exercise of free speech in the form of theatrical performances.
It is the intention of the Borough 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.
C.
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 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.
D.
It shall be a violation of this chapter for any 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
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 § 236-14 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.
A.
Any person, firm or corporation who violates or permits the violation
of any provision of this chapter or the rules and regulations approved
and hereinafter adopted shall be, upon conviction thereof, sentenced
to pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Whenever such person shall have been officially notified by
the Borough that he is committing a violation of this chapter or the
rules and regulations approved and hereinafter adopted, each day that
he shall continue after such notification shall constitute a separate
violation punishable by like fines. Any person who violates or permits
the violation of this chapter shall pay, in addition to the fine,
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.
