[Adopted 12-17-1979 by Ord. No. 769 (Ch. 13, Part 4, of the
1987 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE
Having knowledge of the contents and character of the patently
offensive sexual conduct or other content which appears in a motion-picture
film, publication, or live theater production, or knowledge of the
acts of obscenity, assignation, or prostitution which occur in any
place.
MASSAGE
Any method of treating the superficial soft parts of the
human body, for remedial, hygienic or other purposes, consisting of
rubbing, stroking, kneading, or any similar treatment, accomplished
by hand or by the use of any instrument.
MASSAGE PARLOR
Any building or structure or portion thereof, located within
the Township, which is open to members of the general public, with
or without the payment of a fee, at which massage services are offered.
MATTER
A motion-picture film, live theater production, publication,
or all three.
MODEL STUDIO
A.
Shall mean:
(1)
Any place there is conducted the business of furnishing figure
models who pose in the nude for the purpose of being observed or viewed
by any person, or for the purpose of being sketched, painted, drawn,
sculptured, photographed, or otherwise similarly depicted for persons
who pay a fee, or other consideration or compensation, or a gratuity,
for the right or opportunity to so depict the figure model, or for
admission to, or for permission to remain upon, or as a condition
for remaining upon the place; or
(2)
Any place where there is conducted the business of furnishing
or providing or procuring, for a fee or other consideration, compensation
or gratuity, figure models who pose in the nude to be observed or
viewed by any person or to be sketched, painted, drawn, sculptured,
photographed or otherwise similarly depicted.
B.
Exception. The words "model studio" do not include:
(1)
Any studio which is operated by any state college or junior
college, public or private school, or any governmental agency wherein
the person, firm, association, partnership, or corporation so operating
has met the requirements established by the Commonwealth of Pennsylvania
for the issuance or conferring of, and is in fact authorized thereunder
to issue and confer, a diploma, degree or honorary diploma; or
(2)
Any place where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection
B(1) of this subsection, defined immediately hereinabove.
MOTION-PICTURE FILM
Any:
C.
Film designed to be projected on a screen for exhibition;
D.
Films, glass slides or transparencies, either in negative or
positive form, designed for exhibition by a project on a screen; or
E.
Videotape or any other medium used to electronically reproduce
images on a screen.
NUDE
A.
Completely without clothing; or
B.
With the human male or female genitals, public area or buttocks
with less than a full opaque covering, or the showing of the female
breast with less than a fully opaque covering of any portion thereof
below the top of the nipple, or the covered male genitals in a discernibly
turgid state.
OBSCENE MATTER
Any matter:
A.
Which the average adult person, applying contemporary community
standards, would find, when considered as a whole, appeals to prurient
interests; and
B.
Which depicts or describes patently offensive representations
or descriptions of:
(1)
Ultimate sexual acts, normal or perverted, actual or simulated;
or
(2)
Masturbation, excretory functions, or exhibition of the genitals
or genital area; and
C.
Which the matter, taken as a whole, lacks serious literary,
artistic, political, educational, or scientific value.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PLACE
Any building, structure or space, or any separate part or
portion thereof, whether permanent or not, or unimproved ground.
PUBLICATION
Any book, magazine, article, pamphlet, writing, printing,
illustration, picture, sound recording, or a motion-picture film which
is displayed in an area open to the public, offered for sale or exhibited
in a coin-operated machine.
SALE
A passing of title or right of possession from a seller to
a buyer for valuable consideration, and shall include, but is not
limited to, any lease or rental arrangement or other transaction wherein
or whereby any valuable consideration is received for the use of,
or transfer of possession of, obscene matter.
TOWNSHIP
The Township of North Versailles.
[Amended 11-16-1987 by Ord. No. 857; 8-15-1988 by Ord. No. 867]
A. Civil.
(1) Money damages may be recovered:
(a)
For compensation for loss or harm suffered in person or property
by the Township or private citizen flowing from such nuisance; and
(b)
As exemplary or punitive damages for the purpose of providing
an example or to punish the offender, where it is shown that the offender
has been guilty of malice. "Malice" means an intent to do a wrongful
act, that is, an intent to maintain, permit, or allow a nuisance to
exist.
(2) Preliminary and permanent injunctions may be issued to prevent the
further maintenance of a nuisance and to prevent the further sale
or exhibition of obscene motion-picture films, live theater productions
and publications. The procedures for obtaining such injunctions shall
be governed by the Pennsylvania Rules of Civil Procedure, preserving
the right of trial by jury upon the application for permanent injunction.
Upon the trial on the merits of the permanent injunction, if the court
and/or jury finds a place to be a nuisance, the court may issue an
order closing the place to all uses and purposes for the period of
one year. If the offenders of persons owning, in control or in charge
of such place certify that the nuisance has been abated and that the
films, productions, or publications found to be obscene shall not
be exhibited, sold or otherwise disseminated and, at the discretion
of the court, post a bond in an amount not to exceed the value of
the personal property possessed or contained at such place for the
maintenance of the nuisance, the court may release such person or
persons from the closure order. The release shall remain in effect
for one year or until the nuisance is found to exist at the place
before the expiration of one year. The bond shall be deposited with
the court prior to the release of any closure order and shall be returned
to the person posting said bond, without interest, at the expiration
of one year, provided that the nuisance is not maintained or reestablished
within that year. Prior notice of at least 30 days must be given the
Township of the filing of a petition to return any bonds.
B. Penalties. Any person, firm or corporation who shall violate any
provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600, and/or to imprisonment for a
term not to exceed 30 days. Every day that a violation of this article
continues shall constitute a separate offense.
C. The remedies provided herein shall be cumulative. There may be criminal
and civil prosecution for the same violations of this article, and
neither shall be a bar to the other.
[Adopted 11-18-1996 by Ord. No. 949 (Ch. 13, Part 8, of the
1987 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
ADULT DANCING ESTABLISHMENTS
Any business wherein employees, agents or independent contractors
perform dance routines or adult-oriented dancing entertainment as
characterized by an emphasis on the exposure of specific anatomical
areas. This definition shall include any establishment, whether or
not it is licensed by the Pennsylvania Liquor Control Board to serve
alcoholic beverages.
Every person or entity engaged in or having any interest in
the operation of an adult dancing establishment before being issued
a license shall be required to meet the following specifications:
A. Applicant must be free of convictions for the following: any felony;
any conviction relating to prostitution; any conviction involving
the presentation, exhibition and/or performance of an obscene production;
and any conviction involving the maintenance of a nuisance with the
same or similar business within the last two years. Applicant shall
not have had any adult entertainment establishment license revoked
for cause within the last two years.
B. Applicant must submit to fingerprinting by the Township Police Department
or its designated representative.
C. Applicant and any person or entity having any connection to the establishment
cannot owe any fees or taxes of any kind or nature to the Township
of North Versailles.
D. Applicant's premises must meet all established health, zoning,
fire, building, plumbing and BOCA codes and cannot provide direct
interior access to residential living quarters. Applicant shall file
a floor plan which clearly exhibits all entrances, exits, stairways
and all rooms in the building and their intended uses.
E. In the event applicant does not own the premises to be licensed,
a copy of the lease agreement between the applicant and the property
owner shall be submitted along with the application to the Township.
Adult dancing establishments shall be permitted to operate between
the hours of 6:00 p.m. and 2:00 a.m. the following morning on Monday
through Saturday. Such establishments are prohibited from operating
on Sundays with the exception of 12:01 a.m. to 2:00 a.m.
Adult dancing establishments may be located within the Township
of North Versailles in the specially created zone permitting such
use as and known as Zone B-1 within the North Versailles Zoning Ordinance. Such establishments are prohibited from being located
or operated in any other zone within the Township of North Versailles.
License suspension or revocation can occur upon:
A. Conviction by the licensee, his employees, agents or independent
contractors for any offense occurring on the licensed premises involving
or related to:
(1) The production, presentation, exhibition or performance of any entertainment
that is deemed obscene.
(3) Maintenance of a nuisance in connection with the same or similar
business.
(4) Prostitution, solicitation for the purpose of prostitution or loitering
for the purpose of prostitution.
(5) The sale, transfer, possession or use of any controlled substance.
(6) The display or exhibition by an employee, agent or independent contractor
in the establishment of less than completely and opaquely covered
human genitals or pubic region, the cleavage of the human buttocks
or any portion of the human female breast below a horizontal line
across the top of areola at its highest point, any part of the entire
lower portion of the human female breast, excluding cleavage.
(7) Any violation of any other section of this Code.
(8) Any violation of the Pennsylvania Liquor Control Code.
B. Noncompliance with any health, zoning, fire, building and/or plumbing
codes adopted by the Township of North Versailles.
C. The filing of a false application.
D. A conviction for permitting the on-premises sale or consumption of
alcoholic beverages in any adult dancing establishment not licensed
to sell alcoholic beverages.
E. Any illegal on-premises conduct by patrons that results in a criminal
conviction of a patron.
F. A violation by any licensee or his agents, servants or employees
for any action occurring in, on or at the premises covered by the
license, in violation of any provision of this article or any other
ordinance of the Township of North Versailles, or of any criminal
or penal statute of the Commonwealth of Pennsylvania against gambling,
disorderly conduct or any other criminal or penal offense; a judgment
of conviction in any court of competent jurisdiction shall be conclusive
evidence of such violation.
G. The occurrence in, on or at the premises covered by the license of
any condition which is a nuisance or obnoxious to the morals and general
welfare of the public.
When North Versailles officials have reasonable cause to believe
that a license should be revoked or suspended for any of the reason
assigned herein, such official shall enumerate the same and notify
the licensee in writing of the hearing date and time and alleged charges.
The notice to the licensee shall be mailed to the address shown on
the license. At the hearing, the evidence shall be transcribed. Following
the hearing, North Versailles Commissioners shall make a decision
which will be reduced to writing and forwarded to the licensee. Upon
a decision by the Commissioners to revoke or suspend a license issued
under this article, all business activity at that location shall cease
immediately for the period of suspension or revocation.
Any person or entity convicted of a violation of this article
shall, upon conviction thereof before a competent authority, be sentenced
to pay a fine of not more than $1,000 for each offense plus costs
and, in default of payment of such fine and costs, be imprisoned for
a period not exceeding 30 days.