[Ord. 467, 1/16/1978, § 1]
As used in this Part 6A:
The application to the human body by the hands or mechanical
apparatus, any touching, stroking, friction, kneading, vibration,
percussion, oil alcohol rubs, mechanotherapy, hot or cold packs, heat,
cold, salt glows, cabinet, tub, shower, sitz, sauna, vapor, steam,
or any other special type of bath.
Any establishment which offers service in the form of body
massage, baths, exercises, or similar services in combination to club
members or to the public for a charge, fee or donation; but shall
exclude hospitals, nursing homes, medical clinics, and the office
or quarters of licensed health profession practitioners.
Any masseur (male) and masseuse (female) who administers
body massage to any other person for a charge, fee, or donation; but
shall exclude persons licensed by the Commonwealth of Pennsylvania
to practice medicine, chiropractic, osteopathy, podiatry, nursing,
and physical therapy, and barbers, beauticians, and manicurists insofar
as they deal with the head, hands, and feet.
A firm, partnership, association of persons, corporation,
organization, or any other group acting as a unit.
[Ord. 467, 1/16/1978, § 2; as amended by Ord. 561,
6/1/1987]
No health club or massage technician may operate or practice
within the Township of Elizabeth without a license to operate or practice
upon proper application to the Township Secretary and the fulfillment
of the requirements set forth herein, and payment of separate fees,
as established by resolution of the Board of Commissioners for a health
club and for a massage technician. Licenses granted under this Part
shall be renewed yearly, and may be revoked for any failure to comply
with this Part.
[Ord. 467, 1/16/1978, § 3; as amended by Ord. 632,
11/2/1992, § 2]
No health club shall be granted a license to operate until the
fulfillment of the following:
1.
All Zoning, Building, Fire, Electrical, Plumbing, and Health Codes
applicable to the Township of Elizabeth shall be complied with.
2.
Any application for a license shall include the names of all owners,
stockholders, and managing personnel, their addresses, occupations,
and satisfactory proof that they have not been convicted of any violation
of laws proscribing prostitution, obscenity, indecency, pornography,
or of any felony.
3.
Plans and specifications of the quarters proposed to be occupied
shall be submitted to the Township Secretary, which shall include
details of entrances, partitions, windows, openings, ventilation,
plumbing fixtures, water supply, waste and vent connections. Such
quarters must be equipped with separate toilet and lavatory facilities
for patrons and personnel, and a service sink for custodial services.
No part of the quarters may be used for or connected with any bedroom
or sleeping quarters.
4.
All tables, tubs, shower stalls and floors, with the exception of
reception and administrative areas, shall be of non-porous materials
which may be readily disinfected.
5.
Closed containers must be provided for wet towels and waste material.
6.
All equipment, shower stalls, toilets, lavatories, tubs, cabinets,
and other accouterments of the establishment shall be regularly treated
with disinfectants, and shall be maintained in a clean and sanitary
condition at all times.
7.
As a condition of receiving a license, the owners and operators of
the health club must expressly grant access to health, plumbing, fire,
electrical, and other authorized Township Inspectors to any part of
the quarters of the health club for purposes of inspection at all
reasonable times.
8.
The health club must require and retain on file Certificates of Good
Health issued by a licensed physician for all employees practicing
any services of the health club. Such Certificates shall be renewed
every six months.
9.
No health clubs shall serve any patrons infected with any fungus
or skin infection.
10.
All personnel shall wash his or her hands in hot, running water,
using proper soap or disinfectants, before giving any service or treatment
to each separate patron.
11.
All towels and tissues, all sheets or other coverings shall be used
singularly for each patron and discarded for laundry or disposal immediately
after use.
12.
Non-disposable tools or equipment shall be disinfected after use
upon one patron.
13.
The applicant must have a valid lease or title to the quarters which
meet the requirements of this Part.
14.
No body massage shall be provided to the genitals of the patron.
15.
No health club as herein defined shall be permitted:
A.
Within 750 feet of any residential district.
B.
Within 750 feet of any church or school.
C.
Within 500 feet of any establishment licensed by the Pennsylvania
Liquor Control Board to disburse any alcoholic beverages.
D.
Within 500 feet of any fire or police station.
E.
Within 750 feet of any restaurant or eating establishment.
F.
Within 750 feet of any theater, club or lodge.
G.
Within 1,000 feet of any other health club, massage studio or parlor,
health spa, exercise studio, adult theater, adult bookstore or similar
establishment.
[Ord. 467, 1/16/1978, § 4]
No person shall be granted a license to practice as a massage
technician without satisfactory proof of the following:
1.
That the applicant is at least 18 years of age.
2.
That the applicant has never been convicted of prostitution, obscenity,
indecency, related crimes, or of any felony.
3.
That the applicant has a diploma from a recognized school of massage
having a curriculum approved by the Pennsylvania Department of Education
certifying that he or she has completed 400 hours of study in the
basic subjects of anatomy, physiology, hygiene, hydrotherapy, technique
of massage, clinical internship, contra-indications of massage, physical
and mechanical exercise.
4.
In lieu of subsection 3, the applicant can furnish equivalent credentials by way of experience and training of at least one year's duration.
5.
The license shall contain a photograph of the massage technician
and shall be carried on the person of the massage technician or conspicuously
displayed in the health club wherein the massage technician is employed.
6.
The application for a license shall contain the name, address, Social
Security number, photograph and fingerprints of the applicant and
shall be kept on file in the Township Office. Photographing and fingerprinting
shall be done by the Elizabeth Township Police Department.
[Ord. 467, 1/16/1978, § 5]
The Township Secretary may revoke the license of a health club
or massage technician upon satisfactory proof of any of the following:
1.
That the license does not meet the licensing requirements of this
Part.
2.
That the licensee has been convicted of prostitution, obscenity,
indecency, promoting prostitution, keeping or maintaining a disorderly
house, or related crimes and offenses; or convicted of any crime defined
as a felony under Federal or State law.
3.
That the licensee has diagnosed or treated classified diseases, practiced
spinal adjustments, or prescribed medicines.
4.
That the licensee is guilty of fraud or willful negligence in the
practice of body massage.
5.
That the licensee is a habitual user of narcotics or other drugs.
6.
That the licensee has allowed or permitted an unlicensed person to
perform body massage.
7.
That the licensee has provided body massage to the genitals of any
patron.
8.
That the licensee has violated any of the provisions of this Part
or other applicable ordinances of the Township of Elizabeth, or any
laws of the Commonwealth of Pennsylvania, or any laws of the United
States of America. Any violation by an employee of a health club or
by a massage technician shall be considered a violation by the health
club.
[Ord. 467, 1/16/1978, § 6]
The owner or manager of any health club operating in the Township
as of the effective date of this Part, may apply for and may be granted
by the Township Secretary a grace period not to exceed six months
in order to comply with § 603, subsections 3 and 4. With
these exceptions, the Part becomes effective upon all health clubs
and proposed health clubs upon enactment.
[Ord. 467, 1/16/1978, § 7]
This Part shall be administered by the Township Secretary or
Licensing Officer appointed by the Secretary. An appeal from the denial
of a license or the revocation of a license shall be filed with the
Township Secretary within 15 days of such action, and shall be heard
and determined by the Public Safety Committee of the Board of Commissioners
within 30 days of the filing of the appeal. The applicant or licensee
shall be informed in writing five days prior to the hearing of the
reasons for denial or revocation of the license.
[Ord. 467, 1/16/1978, § 8; as amended by Ord. 561,
6/1/1987; and by Ord. 577, 8/1/1988, § 2-0]
Any person, firm or corporation who shall violate any provision
of this Part 6 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000.00; and/or to imprisonment for a term
not to exceed 90 days.
[Ord. 468, 1/16/1978, § 1]
The Board of Commissioners finds that the crass commercial exploitation
of explicit sexual conduct through the public exhibition of lewd films,
and the display and/or sale of lewd publications, and the use of so
called massage parlors and model studios for purposes of lewdness,
assignation, or prostitution, constitutes a debasement and distortion
of a sensitive key relationship of human existence, central to family
life, community welfare and the development of human personality;
is indecent and offensive to the senses and to public morals and interferes
with the comfortable enjoyment of life and property, in that such
interferes with the interest of the public in the quality of life
and total community environment, the tone of commerce in the Township,
property values, and the public safety; and that the continued operation
of such activities is detrimental to the best health, safety, convenience,
good morals and general welfare of the Township of Elizabeth, and
of the residents, citizens, inhabitants and businesses thereof. The
Board of Commissioners hereby declares such activities to be a public
nuisance, and herein establishes procedures for the abatement thereof.
This Part shall apply to existing establishments which are presently
engaged in the type of activity herein declared to be a public nuisance.
[Ord. 468, 1/16/1978, § 2]
Having knowledge of the contents and character of the patently
offensive sexual conduct or demonstration which appears in the film,
publication, or knowledge of the acts lewdness, assignation, or prostitution
which occur on the premises.
Any matter:
Which the average person, applying contemporary community standards,
would find, when considered as a whole, appeals to the prurient interest;
and
Which depicts, or describes patently offensive representations
or descriptions of:
Ultimate sexual acts, normal or perverted, actual or simulated;
or
Masturbation, excretory functions, or exhibition of the genitals
or genital area.
|
Nothing herein contained is intended to include or prescribe
any matter which, when considered as a whole, and in the context in
which it is used, possesses serious literary, artistic, political
or scientific value.
|
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.
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.
A motion picture film or a publication, or both.
Any premises on which 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 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 so to depict the figure model, or for admission
to, or for permission to remain upon, or as a condition for remaining
upon the premises; or
Any premises where there is conducted the business of furnishing
or providing or procuring, for a fee or other consideration or 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.
Exception — The words "model studio" do not include:
Any studio which is operated by any state college or junior
college, public school, or any governmental agency wherein the person,
firm, association, partnership or corporation operating it 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 or honorary diploma; or
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in subsection A of this subsection.
Any studio operated by a tax exempt, non-profit corporation
devoted to the development of art and its appreciation.
Any:
Film or plate negative;
Film or plate positive;
Film designed to be projected on a screen for exhibition;
Films, glass slides or transparencies, either in negative or
positive form, designed for exhibition by projection on a screen;
or
Video tape or any other medium used to electronically reproduce
images on a screen.
Completely without clothing; or
With the human male or female genitals, pubic 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.
Any individual, partnership, firm, association, corporation,
or other legal entity.
Any building, structure or space, or any separate part or
portion thereof, whether permanent or not, or the ground itself.
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.
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 lewd matter.
[Ord. 468, 1/16/1978, § 3]
1.
Any and every place in the Township of Elizabeth where lewd films
are publicly exhibited or possessed for the purpose of such exhibition;
and any and every place in the Township of Elizabeth where a lewd
film is publicly or repeatedly exhibited, or possessed for the purpose
of such exhibitions, is a public nuisance.
2.
Any and every lewd film which is publicly exhibited or possessed
for such purpose at a place which is a public nuisance under § 623(1)
above, is a public nuisance per se.
3.
From and after service on the theater, or its manager, or acting
manager, or person then in charge of such place, of a true and correct
copy of this Part and a true and correct copy of the Resolution and
order of summary abatement provided for in § 627 hereof,
all monies paid thereafter as admission price to such exhibitions
are also declared to be a public nuisance, as personal property used
in conducting and maintaining a declared public nuisance.
[Ord. 468, 1/16/1978, § 4]
1.
Any and every place in the Township of Elizabeth in which lewd publications
constitute a part of the stock in trade is a public nuisance.
2.
Any and every lewd publication possessed at a place which is a public
nuisance under § 624(1) above, is a public nuisance per
se.
3.
From and after service on the place, or its manager, or acting manager,
or person then in charge of such place, of a true and correct copy
of this Part and a true and correct copy of the Resolution and order
of summary abatement provided for in § 627 hereof, all valuable
consideration received for the sale of such lewd publications is also
declared to be a public nuisance as personal property used in conducting
and maintaining a declared public nuisance.
[Ord. 468, 1/16/1978, § 5]
1.
Every massage parlor or model studio, which, as a regular course
of business, is used for the purposes of lewdness, assignation, or
prostitution, and every such massage parlor or model studio in or
upon which acts of lewdness, assignations, or prostitution, are held
to occur, is a public nuisance which shall be enjoined, abated and
prevented.
2.
From and after service on the place, or its manager, or acting manager,
or person then in charge of such place, of a true and correct copy
of this Part and a true and correct copy of the Resolution and order
of summary abatement provided for in § 627 hereof, all monies
or other valuable consideration paid for services rendered to customers
are also declared to be a public nuisance, as personal property used
in conducting and maintaining a declared public nuisance.
[Ord. 468, 1/16/1978, § 6]
1.
Upon and after receiving notice through service of a true and correct
copy of this Part and of a true and correct copy of the Resolution
and order of summary abatement provide for in § 627 hereof,
any and every person who shall own, legally or equitably, lease, maintain,
manage, conduct or operate a place in the Township of Elizabeth, which
is declared to be a public nuisance as set forth and stated in §§ 623-625
of this Part, is deemed to be a person who has knowledge of such nuisance
for the purpose of this Part, and is, thereafter, responsible for
its maintenance, and shall be liable therefore.
2.
The places and subject matter declared to be public nuisances under
§§ 623-625 shall be abated as provided for herein.
[Ord. 468, 1/16/1978, § 7]
Upon a specific finding that a public nuisance, as defined in
§§ 623-625 of this Part, exists in the Township of
Elizabeth, the Board of Commissioners, in applying the provisions
of this Part to such nuisance, shall provide for the following by
Resolution:
1.
Declare the fact that such nuisance exists;
2.
Set forth the description or legal description and street address
of the place which constitutes the nuisance;
3.
Set forth the evidentiary facts considered by the Board of Commissioners
in arriving at its factual determination.
A.
In the case of a motion picture film or films, such shall include
a recitation of the particular sexual conduct and acts which the Board
of Commissioners finds are patently offensive, and the basis for the
finding by the Board of Commissioners that (a) such films are publicly
exhibited in the course of business, or that (b) such film is publicly
or repeatedly exhibited or held for such exhibition at the place declared
to be a nuisance.
B.
In the case of a publication or publications, such shall include
a recitation of (a) the particular publications or types of publications
considered by the Board of Commissioners, and those which the Board
of Commissioners finds to be patently offensive, and (b) the basis
for the finding by the Board of Commissioners that such publications
are displayed, sold or held for sale at any place found by the Board
of Commissioners to be a public nuisance, and (c) the basis of the
finding by the Board of Commissioners that such publications constitute
a part of the stock in trade of such place of business or other place.
C.
In the case of a massage parlor or model studio, such shall include
a recitation of (a) the particular acts of lewdness, assignation,
or prostitution which have occurred, and (b) the basis for finding
by the Board of Commissioners that such acts occur in the course of
business.
4.
Order all persons described in § 626(1) hereof to summarily
abate such public nuisance within 24 hours of service of such order
on any such persons, by terminating the exhibition, sale or possession
for sale of such lewd subject matter or by ceasing to use the place
where the nuisance is declared to exist or by terminating the use
of said premises for the purposes of lewdness, assignation, or prostitution,
or causing the same to be terminated, and notifying the Township Secretary
and Board of Commissioners of compliance therewith by sworn affidavit
as ordered by the action of the Board of Commissioners in such resolution.
5.
Order the Township Solicitor to proceed as directed in § 629
of this Part and do all things necessary to abate such public nuisance
through judicial proceedings and to conclude such proceedings as expeditiously
as is permissible under the law, including requesting the Court to
advance such proceedings on the calendar of the Court.
6.
Inform and give notice to persons designated in § 626(1)
that:
A.
That the Board of Commissioners has determined that a public nuisance
presently exists at such place and address, and that, under § 626(1)
of said Part, they are deemed to have knowledge thereof and are responsible
therefore.
B.
That in the event the order of the Township is not complied with
within 24 hours, the Board of Commissioners has ordered the Township
Solicitor, as provided for under § 629 hereof, to commence
necessary legal proceedings naming such persons as defendants in civil
action to abate the same judicially under § 627 of this
Part, and that under § 628(1, 2) of this Part, the costs
of abatement of such civil abatement action filed including investigative
costs, court costs, attorney's fees, and other expenses, are
made a special assessment against the parcel of land upon which such
nuisance is being maintained and, upon their determination in such
court action, will, by separate legal procedure, be made a lien against
such property and a personal obligation against any person, persons,
firm, association, partnership, corporation or other entity deemed
to be in violation of this Part.
C.
All lewd motion picture films or lewd publications being used in
conducting and maintaining such public nuisance are contraband and
the subject of forfeiture, and
D.
From and after service on the place, or its manager, or acting manager,
or person then in charge of such place, of a true and correct copy
of this Part and a true and correct copy of such Resolution, any and
all monies paid as admission price to or for the exhibition or exhibitions
of such lewd motion picture films, and valuable consideration received
for the sale of such lewd publications, and all monies or other valuable
consideration received for services rendered in such massage parlors
or model studios are a public nuisance, as personal property used
in conducting and maintaining such nuisance and, as such, are the
subject of forfeiture.
7.
Order that a true and correct copy of said Resolution and a true
and correct copy of this Part be delivered forthwith in any manner
normally used to effectuate personal service of process to all persons
of record having any legal or equitable interest in the real property,
and to the regular or acting manager or persons in charge of the place
therein declared a public nuisance.
[Ord. 468, 1/16/1978, § 8]
1.
Upon judgment for the Township of Elizabeth, in legal proceedings
brought pursuant to this Part, an accounting shall be made by such
defendant or defendants of all monies or valuable consideration received
by them which have been declared to be a public nuisance under §§ 623(3),
624(3) or 625(2) of this Part. Such monies or their equivalent and
any valuable consideration received shall be forfeited to the General
Fund of the Township of Elizabeth or to the Township of Elizabeth
as property of the Township of Elizabeth if any valuable consideration
received be not money.
2.
The cost of abatement shall include the following:
A.
Investigative costs.
B.
Court costs.
C.
Reasonable attorney's fees arising out of the preparation for,
and trial of the cause, and appeals therefrom, and other costs allowed
on appeal.
D.
Printing costs of trial and appellate briefs, and all other papers
filed in such proceeding.
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Such cost of abatement is hereby made a special assessment against
the parcel of land upon which such nuisance is maintained. Upon its
determination in a civil action, such shall, by separate legal proceeding,
be made a lien against such property and a personal obligation against
any person, persons, firm, association, partnership, corporation or
other entity and shall be collected at the same time and in the same
manner as ordinary municipal taxes are collected, and shall be subject
to the same penalties and the same procedure and sale in the case
of delinquency as provided for ordinary municipal taxes. All laws,
applicable to the levy, collection and enforcement of municipal taxes,
shall be applicable to such special assessment.
|
[Ord. 468, 1/16/1978, § 9]
Upon a specific finding by Resolution of the Board of Commissioners
of the fact that a public nuisance exists at a particular location,
the Township Solicitor shall:
1.
Not later than three days after passage of said resolution, commence
legal proceedings by the filing of a civil action seeking the following
relief:
A.
A Declaratory Judgment that the matter named by the Board of Commissioners
is lewd, as defined herein.
B.
A Declaratory Judgment that the matter found to be lewd is or are
public nuisances per se under this Part and such Resolution.
C.
A Declaratory Judgment that each place named by the Board of Commissioners
is a public nuisance under this Part and such Resolution.
D.
An accounting of all monies paid as admission price to or for the
exhibition or exhibitions of such lewd motion picture films, and valuable
consideration received for the sale of such lewd publications, and
all monies or other valuable consideration received for services rendered
in such massage parlors or model studios from and after the time the
persons maintaining said nuisances receive notice of the finding by
the Board of Commissioners by Resolution that the public nuisance
exists, and a judgment that such monies or valuable consideration
are a public nuisance under this Part.
E.
An order that all admission price monies or valuable consideration
received and enumerated in the Court-ordered accounting be forfeited
as contraband to the General Fund of the Township of Elizabeth or
as property belonging to the Township of Elizabeth.
F.
An injunction enjoining and restraining all persons responsible for
maintaining said nuisance from possessing or publicly exhibiting said
lewd motion picture films, or from selling or possessing for sale
said lewd publications, or from committing acts of lewdness, assignation
or prostitution, at any time in the future in the Township of Elizabeth,
and such other injunctive relief as the Court may order.
G.
An order that all positive prints of the named film and all lewd
publications or copies or reproductions thereof be forfeited as contraband
under this Part.
H.
Judgment for the Township of Elizabeth for all costs therein expended,
including investigative costs, court costs, reasonable attorney's
fees, and such other expenses as are provided for herein.
I.
All other relief as the Court may deem proper.
[Ord. 600, 12/28/1989, §§ 1 and 2]
The terms of this section are adopted in addition to those presently prevailing under Part 1 and this Part of this chapter. This section shall apply to any person who operates or causes to be operated any business which exhibits on the premises in a viewing room of less than 150 feet of floor space, a film, video cassette or other video production, and which person is subject to the payment of the amusement device license fee required under § 602 of this chapter, and said persons shall comply with the following additional requirements:
1.
The application for the license to operate the video machine on which
the above-referenced film, video cassette or video reproduction is
to be displayed, or the application for renewal of any license previously
issued for such machine, 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 the 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 the 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 Building Inspector of 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.
The application shall be sworn to be true and correct by the applicant.
3.
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Building Inspector.
4.
It is the duty of the owners and operator of the premises to ensure
that at least one employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
5.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station to
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 have two or more managers'
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 managers' stations. The view required
in this subsection must be by direct line of sight from the manager's
station.
6.
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and 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 applications filed pursuant to subsection (1) of this section.
7.
No viewing rooms may be occupied by more than one person at a time.
8.
The premises shall be equipped with overhead lighting fixtures to
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than one (1.0) footcandle
as measured at the floor level.
9.
It shall be the duty of the owners and operator and it shall also
be the duty of any agents and employees present in the premises to
ensure that the illumination described above, is maintained at all
times that any patron is present in the premises.
10.
A person having a duty under subsections (1) through (9) above commits a summary offense if he knowingly fails to fulfill that duty. Upon conviction of such summary offense before the District Justice of the Peace having jurisdiction to hear the same the person charged shall be sentenced to pay a fine of not more than $1,000.00 and/or to imprisonment not to exceed 90 days.
11.
The requirements of this section are in addition to those currently
imposed by this Part and are not deemed to repeal or replace any such
requirements.
