As used in this chapter, the following words and phrases shall
have the meanings indicated, unless the context clearly indicates
a different meaning:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated or, for any form of consideration, electronically,
electrically, or mechanically controlled still 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 of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment which, as one of its substantial
business activities (15% or greater of gross rental or sales of any
movie with a rating above "R"), offers for sale or rental, for any
form of consideration, any one or more of the following:
A.
Books, magazines, periodicals or printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides,
CD ROM discs or other computer software or other visual representations
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; or
B.
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant, or other commercial establishment,
with or without a liquor license, which regularly features:
A.
Persons who appear in a state of nudity or seminudity; or
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
C.
Films, motions pictures, video cassettes, slides, or other photographic
reproductions or visual presentations of any kind which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
ADULT MOTEL
A hotel, motel, or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, slides, video cassettes, or other photographic reproductions
which are characterized by the depiction or description of specified
anatomical areas or specified sexual activities; and has a sign visible
for the public right-of-way which advertises the availability of photographic
reproductions;
B.
Offers a sleeping room for rent for a period of time that is
less than four hours; or
C.
Allows a tenant or occupant of the sleeping room to sublet the
room for a period of time that is less than four hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, dance hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or seminudity or live performances which are
characterized by the exposure of specified anatomical areas or by
specified sexual activities.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "Employee"
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises or for the
delivery of goods to the premises.
ESCORT
A person who, for the purpose of consideration, agrees or
offers to act as a companion, guide, or date for another person or
who agrees or offers to privately model lingerie or to privately perform
a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish, or advertise to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business;
B.
The conversion or expansion of an existing business, whether
or not a sexually oriented business, to a sexually oriented business;
C.
The addition of any sexually oriented business to any other
existing sexually oriented business or to a nonsexually oriented business;
or
D.
The relocation of any sexually oriented business.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
A.
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person; and
B.
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the licensee
or person made a reasonable bona fide attempt to ascertain the true
age of such minor.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license, and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
NUDE MODEL STUDIO
Any place where a person 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 propriety school
licensed by the State of Pennsylvania or a college, junior college
or university supported entirely or in part by public taxation; 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; or in a structure:
A.
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing;
B.
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
C.
Where no more than one nude or seminude model is on the premises
at one time.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area
or buttocks 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; the exposure of any device, costume, or covering which
gives the appearance of or simulates the genitals, pubic hair, natal
cleft, perineum, anal region or pubic hair region; or the exposure
of any device worn as a cover over the nipples and/or areola of the
female breast, which device simulates and gives the realistic appearance
of nipples and/or areola.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio, sexual encounter center, or adult
motel.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
SPECIFIED CRIMINAL ACTIVITY
A.
Any of the following offenses: prostitution or promotion of
prostitution; dissemination of obscenity; sale, distribution or display
of harmful material to a minor; sexual performances by a child; possession
or distribution of child pornography; public lewdness; indecent exposure;
molestation of a child; sexual assault; indecency with a child; engaging
in organized criminal activity; 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:
(1)
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;
(2)
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
(3)
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.
B.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B of this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Means and includes any of the following:
A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
C.
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
VIEWING BOOTHS
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing 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.
The Township Board of Supervisors or its designee shall suspend
a license for a period not to exceed 30 days if it determines that
a licensee or an employee of a licensee has:
A. Violated or is not in compliance with any provision of this chapter;
B. Refuses to allow inspection of the sexually oriented business premises
as authorized by this chapter; or
C. Knowingly permitted gambling by any person on the sexually oriented
business premises.
A licensee shall not transfer his/her license to another, nor
shall a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated on the
application.
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.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.