It is the purpose of this chapter to regulate sexually oriented
businesses to promote the health, safety, and general welfare of the
citizens of the Borough, and to establish reasonable and uniform regulations
to prevent the deleterious location and concentration of sexually
oriented businesses within the Borough. The provisions of this chapter
have neither the purpose nor the effect of imposing a limitation or
restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is not the intent nor effect
of this chapter to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent nor effect of this
chapter to condone or legitimize the distribution of obscene material.
The words and phrases set forth below shall have the meanings
respectively ascribed to them:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained 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.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
(2)
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
B.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishment from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment,
regardless of whether such establishment sells or offers alcohol for
sale, which regularly features:
A.
Persons who appear in the state of nudity; or
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions 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, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
which advertises the availability of this adult type of photographic
reproductions; or
B.
Offers a sleeping room for rent for a time period that is less
than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room to sublet for
a period of time that is less than 10 hours.
ADULT MOTION-PICTURE
THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions 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, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
AUDIENCE
One or more persons who are permitted to view a performance
for consideration of any type in or from a public place.
CHILD-ORIENTED BUSINESS
A commercial establishment which, as one of its principal
business purposes, serves and/or sells to children and/or their families
food, apparel, goods, services, play and/or entertainment.
ESCORT
A person who, for consideration, agrees or offers or advertises
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 advertises 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 of any 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
D.
The relocation of any sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or 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.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
An individual, sole proprietorship, partnership, corporation,
association, or other entity.
PERFORMANCE
Any live or reproduced exhibition, including but not limited
to any play, motion picture film, dance or appearance presented to
or performed before an audience.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(2)
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 seminude.
B.
This term does not include the following types of commercial
enterprises:
(1)
An enterprise in which massage therapy that does not involve
specified sexual activities is provided by a physician, chiropractor,
registered nurse, or other medical practitioner licensed or certified
by the Commonwealth of Pennsylvania for such area of practice.
(2)
An enterprise in which massage therapy that does not involve
specified sexual activities is provided by a professional massage
therapist who is licensed or certified by a national massage therapist
professional organization that has an explicit and enforced policy
statement which fully deals with the concerns raised by this chapter
and furthers the purposes of this chapter.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal, the male
buttocks and/or the vulva or more intimate parts of the female genitals,
buttocks and female breasts.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, and female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business means the increase in floor
areas occupied by the business by more than 25%, as the floor area
exists on the date of enactment of this chapter.
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 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.
Sexually oriented businesses are classified as follows:
B. Adult bookstores or adult video stores;
E. Adult motion-picture theaters;
I. Sexual encounter centers.
The permit fee for a sexually oriented business shall be determined
by the Borough Council from time to time. The fee must be reasonably
related to recoup the expenses from the application process. The Borough
Council shall also determine an annual fee for renewal of the permit.
The Zoning Officer shall suspend a permit for a period not to
exceed 30 days if said Officer determines that a permittee or an employee
of a permittee has:
A. Violated or is not in compliance with any section of this chapter;
B. Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter;
C. Engaged in excessive use of alcoholic beverages while on sexually
oriented business premises;
D. Knowingly permitted gambling by any person on sexually oriented business
premises;
E. Demonstrated an inability to manage or operate a sexually oriented
business in a peaceful or lawful manner thus necessitating action
by law enforcement officers.
A permittee shall not transfer said permittee's permit
to any other person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place and/or site
other than the address designated in the application and approved
by the Borough.
The permit shall be displayed in a conspicuous, public place
in the sexually oriented business.
Operating hours of sexually oriented businesses which apply
for an initial permit and/or any renewal permit after passage of this
chapter shall be between the hours of 10:00 a.m. to 10:00 p.m., Mondays
through Saturdays, and closure of such businesses on Sundays and holidays.
This section is intended to reduce the adverse secondary effects of
such businesses, including, particularly, but not limited to, late
night noise levels, crime, sexually offensive materials and activities
in public areas, and it promotes the public health, safety and welfare.
It is a defense to prosecution under §§
58-5 and
58-13 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,
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 transferable to a college, junior college,
or university supported entirely or partly by taxation; or
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; and
(2) Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises at any one time.
A person who operates or causes to be operated a sexually oriented
business without a valid permit or in violation of this chapter is
subject to an action in equity or a suit for injunction as well as
citations for violations of this chapter.
In addition to any other remedies and/or penalties provided
in this chapter, any person found guilty before a Magisterial District
Judge of violating any provision of this chapter shall be sentenced
to pay a fine of not less than $500 and not more than $1,000 plus
costs and, in default of payment, undergo imprisonment for a period
not to exceed 30 days. Each day a violation of this chapter continues
shall be deemed a separate and distinct violation.