It is the purpose and intent of this article of this chapter
to regulate sexually oriented businesses to promote the health, safety
and general welfare of the citizens of the Township, and to establish
reasonable and uniform regulations to prevent the continued deleterious
location and concentration of sexually oriented businesses within
the Township. The provisions of this chapter have neither the purpose
nor effect of imposing a limitation or restricting 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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A commercial establishment which, as one of its business purposes,
offers for sale or rental for any form of consideration any one or
more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other 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 "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 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.
A nightclub, or bar, or similar commercial establishment
which regularly features:
Persons who appear in the state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, 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
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions; or
Offers sleeping rooms for rent four or more times in one calendar
day during five or more calendar days in any continuous thirty-day
period.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or other photographic
reproductions 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 live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
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 of its business purposes
for a fee, tip, or other consideration.
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.
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast.
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.
An individual proprietorship, partnership, corporation, association,
or other legal entity.
A place where the sale of food and the sale of nonintoxicating
beverages or intoxicating beverages is licensed by the Pennsylvania
Liquor Control Board.
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.
A business or commercial enterprise that, as one of its business
purposes, offers for any form of consideration:
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.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
Of a sexually oriented business, means the increase in floor
areas occupied by the business by more than 25%, as the floor areas
exist on date of enactment of this chapter.
Township of Hampton.
Of a sexually oriented business, means and 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; or
The establishment of a trust, gift, or other similar legal device
which transfers the ownership 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:
A.
Any person who operates a sexually oriented business without a valid
permit issued by the Township is guilty of a violation of the Zoning
Ordinance of the Township.
B.
An application for a permit to operate a sexually oriented business
must be made on a form provided by the Zoning Officer of the Township.
The application must be accompanied by a sketch or diagram showing
the floor plan and plot plan configuration of the premises, including
a statement of the total floor space occupied by the business. The
sketch or diagram need not be professionally prepared but 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.
Parking facilities must be specifically identified and meet Zoning
Ordinance requirements. Nonconforming structures not having the required
parking sites shall not be issued permits unless the sexually oriented
business was in existence as a lawful use prior to the date of this
chapter.
C.
The applicant must be qualified according to the provisions of this
chapter and the premises must be inspected and found to be in compliance
with the law by the Zoning Officer and the Fire Marshal.
D.
If a person who wishes to operate a sexually oriented business is
an individual, he must sign the application for a permit as applicant.
If a person who wishes to operate a sexually oriented business is
other than an individual, each individual who has a 10% or greater
interest in the business must sign the application for a permit as
applicant. If a corporation is listed as owner of a sexually oriented
business or as the entity which wishes to operate such a business,
each individual having a direct or indirect interest of 10% or greater
in the corporation must sign the application for a permit as applicant.
E.
The fact that a person possesses other types of Township permits
does not exempt the person from the requirement of obtaining a sexually
oriented business permit.
A.
The Township Zoning Officer shall review the application to determine if any matter referred to in Subsection A(1) through (10) may be applicable. The Zoning Officer shall then refer the matter to the Zoning Hearing Board. The Zoning Hearing Board shall review the application in accordance with the Municipalities Planning Code.[1] The Zoning Hearing Board, in its determination, shall
provide findings of fact and conclusions of law to determine if the
applicant has complied with all the provisions of this section and
all other requirements of this chapter and any other ordinance of
the Township of Hampton to determine if any of the following subsections
have been violated:
(1)
No applicant may or will be under 18 years of age or any person
performing, acting or depicted in any manner in the performance of
such activity, may or will be under the age of 18.
(2)
No applicant or an applicant's spouse is overdue in his
payment to the Township of taxes, fees, fines, or penalties assessed
against him or imposed upon him in relation to a sexually oriented
business.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the permit or has falsely answered a question or request
for information on the application form.
(4)
An applicant is residing with a person who has been denied a
permit by the Township to operate a sexually oriented business within
the preceding 12 months, or residing with a person whose license to
operate a sexually oriented business has been revoked within the preceding
12 months.
(5)
The premises to be used for the sexually oriented business have
been reviewed and have been disapproved by either the Zoning Officer
or the Fire Marshal as not being in compliance with applicable laws
and ordinances.
(6)
The permit fee required by this chapter has not been paid.
(7)
An applicant of the proposed establishment is in violation of
or is not in compliance with any of the provisions of this chapter.
(8)
No individual applicant or any individual holding a direct or
indirect interest of more than 10% of a corporate applicant, or any
of the officers and directors of a corporate applicant, if the applicant
is a corporation; or any of the partners, including limited partners,
if the applicant is a partnership; or the manager or other person
in charge of the operation of the applicant's business, has or
have been convicted of an offense involving sexual misconduct within
the Commonwealth of Pennsylvania, including, but not limited to, prostitution,
obscenity and possession of child pornography, or convicted of any
offense in any, jurisdiction other than the Commonwealth of Pennsylvania
that would have constituted an offense involving sexual misconduct
if committed within the Commonwealth of Pennsylvania. In order for
approval to be denied pursuant to this subsection, the person or persons
conviction or release in connection with the sexual misconduct offense
must have occurred within two years of the date of application in
the event of a misdemeanor and within five years of the date of application
in the event of a felony.
(9)
If live performances are to be given, that the premises in which
such live performances are to be offered do not contain a stage separated
from the viewing area or that the viewing area is accessible to the
performers, or that the performers may readily access the viewers
present.
(10)
Liquor or intoxicating beverages are to be sold on the premises
for which a permit is sought.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The permit, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date, and the address
of the sexually oriented business. The permit shall be posted in a
conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time.
C.
The Zoning Officer and Fire Marshal shall complete their certification
that the premises are in compliance or not in compliance within 20
days of receipt of the application by the Zoning Officer. The certification
shall be promptly presented to the Zoning Officer.
A.
An applicant, or permittee, shall permit representatives of the Police
Department, Fire Marshal, Zoning Officer, or other Township departments
or agencies to inspect the premises of a sexually oriented business
for the purpose of insuring compliance with the law, at any time that
the sexually oriented business is occupied or open for business.
B.
A person who operates a sexually oriented business or his agent or
employee violates the Zoning Ordinance of the Township if he refuses
to permit such lawful inspection of the premises at any time it is
occupied or open for business.
C.
The Zoning Officer or other appointed designee shall be authorized
to conduct the inspection required by the provisions contained in
this chapter, including the filing of criminal or civil citations.
D.
Injunction. 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 the Zoning Ordinance.
A.
Expiration of permit.
(1)
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 310-110. Application for renewal should be made at least 30 days before the expiration date and, when made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
(2)
If the Township Zoning Officer denies renewal of a license,
the applicant shall not be issued a permit for one year from the date
of denial, except that after 90 days have elapsed since the date of
denial, the applicant may be granted a permit if the Zoning Officer
finds that the basis for denial of the renewal permit has been corrected
or abated.
B.
Suspension of permit. The Zoning Officer shall suspend a permit for
a period not to exceed 30 days if he determines that a permittee or
an employee of a permittee or an occupant of the premises has:
(1)
Violated or is not in compliance with any section of this chapter.
(2)
Engaged in excessive use of alcoholic beverages while on the
sexually oriented business premises.
(3)
Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter.
(4)
Knowingly permitted gambling by any person on the sexually oriented
business premises.
C.
Revocation of permit.
(1)
The Zoning Officer shall revoke a permit if a cause of suspension
occurs and the permit has been suspended within the preceding 12 months.
(2)
The Zoning Officer shall revoke a permit if he determines that:
(a)
A permittee, or any of the persons specified in § 310-112, is or has been convicted of the offenses specified in § 310-111A(8).
(b)
A permittee gave false or misleading information in the material
submitted to the Township during the application process.
(c)
A permittee or an employee of a permittee has knowingly allowed
possession, use, or sale of controlled substances on the premises.
(d)
A permittee or an employee of a permittee has knowingly allowed
prostitution on the premises.
(e)
A permittee or an employee of a permittee knowingly operated
the sexually oriented business during a period of time when the permittee's
permit was suspended.
(f)
A permittee or an employee of a permittee has knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other explicit sexual conduct to occur in or on the permitted premises.
(g)
A permittee is delinquent in payment to the Township or state
of any taxes or fees relating to sexually oriented businesses.
(h)
Any person performing, acting or depicted in the activity is
under the age of 18, or any person viewing such activity or allowed
admittance is under the age of 18.
(3)
When the Zoning Officer revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective, except that if the revocation is pursuant to Subsection C(2)(a) above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.
(4)
After denial of an application, or denial of a renewal of an
application, or suspension or revocation of a permit, the applicant
or license or permittee shall have the right to appeal said action
and to seek prompt judicial review of such administrative action in
any court of competent jurisdiction.
D.
Transfer of permit. A permittee shall not transfer his permit to
another person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
A.
A person is guilty of a violation of the Zoning Ordinance if he operates
or causes to be operated a sexually oriented business outside of the
district in which a sexually oriented business is a permitted use.
No sexually oriented businesses shall be located outside a district
in which a sexually oriented business is a permitted use. Sexually
oriented businesses as defined herein shall be permitted in Highway
Commercial Zoning District as a special exception.
B.
Location restrictions.
(1)
A person is guilty of a violation of the Zoning Ordinance if
he operates or causes to be operated a sexually oriented business
within 1,000 feet of the following institutions, nor will any permits
be issued for any such business which shall be located within 1,000
feet of:
(2)
Measurement shall be made in a straight line, without regard
to intervening structures or objects, from the nearest portion of
the building or structure used as a part of the premises where a sexually
oriented business is conducted, to the nearest property line of the
premises of a church, public or private pre-elementary, elementary,
or secondary school, public library, child-care facility, or nursery
school; or to the nearest boundary of an affected public park.
C.
A person is guilty of a violation of the Zoning Ordinance if he causes
or permits the operation, establishment, substantial enlargement,
or transfer of ownership of control of a sexually oriented business,
nor will any permits be issued for any such business which shall be
located within 5,000 feet of another sexually oriented business. The
distance between any two sexually oriented businesses shall be measured
in a straight line, without regard to intervening structures or objects,
from the closest exterior wall of the structure in which each business
is located. A sexually oriented business lawfully operating as a conforming
use is not rendered a nonconforming use by the location, subsequent
to the grant or renewal of the sexually oriented business permit,
of a church, public or private pre-elementary, elementary, or secondary
school, public library, child-care facility, nursery school or public
park within 1,000 feet of the sexually oriented business. This provision
applies only to the renewal of a valid permit, and does not apply
when an application for a permit is submitted after a permit has expired
or has been revoked.
D.
A person is guilty of a violation of the Zoning Ordinance if he causes
or permits the operation, establishment or maintenance of more than
one sexually oriented business in the same building, structure, or
portion thereof; or the increase of floor areas of any sexually oriented
business in any building, structure, or portion thereof containing
another sexually oriented business.
E.
Any sexually oriented business lawfully operating on date of enactment of this chapter that is in violation of Subsections A through D of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within 5,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming.
A.
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room (a separate compartment or cubicle) of less than
150 square feet of floor space, a film or videocassette, or other
video or other image production or reproduction which depicts specified
sexual activities or specified anatomical areas shall comply with
the following requirements:
(1)
The application for a permit to operate a sexually oriented
business shall be accompanied by a floor plan and plot plan diagram
of the premises showing a plan thereof specifying the location of
one or more manager's stations, the location of all viewing rooms,
partitions and doors 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 Zoning
Officer may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously approved 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
applicants.
(3)
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Zoning Officer
or his designee.
(4)
It is the duty of the owners and operators 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 of
every area of the premises to which any patron is permitted access
for any purpose, excluding rest room. Rest rooms may not contain video
reproduction or viewing 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 station.
(6)
It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises to ensure that the view area specified in Subsection A(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 application filed pursuant to Subsection A(1) of this section.
(7)
No viewing room may be occupied by more than one person at any
time. No connections or openings to an adjoining viewing room shall
be permitted.
(8)
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 one footcandle
as measured at the floor level.
(9)
It shall be the duty of the owners and operators 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.
B.
A person having a duty under § 310-115A(1) through (9), above, is guilty of a violation of the Zoning Ordinance if he knowingly fails to fulfill that duty.
It is a defense to prosecution under this article that a person
appearing in a state of nudity did so in a modeling class operated
in a viewing room:
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 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; and
(3)
Where no more than one nude model is on the premises at any
one time.
