This chapter shall be referred to as the "Sexually Oriented
Business Regulation Provision."
As used in this chapter, the following words and phrases shall
have the meanings indicated unless the context 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, or
electronically or mechanically controlled still- or 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 or describing of specified sexual activities or specified
anatomic areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE
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:
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes 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.
B.
Instruments, devices or paraphernalia which are designed for
use in connection with specific sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or other commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity or seminudity.
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
C.
Films, motion pictures, videocassettes, slides or other photographic
reproductions or visual presentations of any other kind which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, 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 of seminudity or live performances which are
characterized by the exposure of specified anatomical areas or 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 or for the delivery
of goods to the premises.
ESCORT
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.
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
Any of the following:
A.
The opening or commencement of any sexually oriented business
as a new businesses.
B.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
C.
The addition of any sexually oriented business to any other
existing sexually oriented businesses or to a nonsexually oriented
business.
D.
The relations of any sexually oriented businesses.
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 reasonable susceptible of examination by a licensee
or person.
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 nude or seminude, in
a state of nudity, or who displays specified anatomical areas and
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 proprietary 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.
With 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.
C.
Where no more than one nude or seminude model is on the premises
at any one time.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage 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; or the showing of the covered
male genitals in a discernibly turgid state.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PUBLIC PLACE
All outdoor areas owned by or opened to the general public,
and all buildings and enclosed places owned by or open to the general
public, including, but not limited to, places of entertainment, taverns,
restaurants, clubs, theaters, dance halls, banquet halls, party rooms
or halls limited to specific members, and party rooms or halls restricted
to adults or patrons invited to attend, whether or not an admission
charge is levied.
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.
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 or sexual encounter center.
SPECIFIC 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.
SPECIFIC CRIMINAL ACTIVITY
Any of the following offenses:
A.
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display or harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; engaging in organized criminal activity; sexual assault:
molestation of a child; gambling; or distribution of a controlled
substance, or any similar offenses to those described above under
the criminal or penal code or other states or countries:
B.
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 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.
(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.
C.
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.
SPECIFIC 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.
C.
Excretory functions as part of or in connection with any of
the activities set forth in A and B above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
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.
C.
The establishment of a trust, gift or other similar legal device
which transfer 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: 1) films, movies,
videos or visual reproductions of any kind depicting or describing
specified sexual activities or specified anatomical areas; or 2) 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 specified sexual activities.
[Amended 7-7-2011 by Ord. No. 1838]
A. Every application fee for a sexually oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee of
$2,500, which fee may be amended by the Washington City Council from
time to time by simple resolution.
B. In addition to the application and investigation fee required above,
every sexually oriented business that is granted a license (new or
renewal) shall pay to the City an annual nonrefundable license fee
in the amount of $1,000 within 30 days of license issuance or renewal.
C. Every application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual nonrefundable application fee of
$2,500. Investigation and license fee may be amended by the Washington
City Council from time to time by simple resolution.
D. Any license applications and fees shall be submitted to the office
of the City Secretary/Treasurer and, thereafter, the applications
shall be forwarded to the Enforcement Officer for review and investigation
and approval or denial.
The Enforcement Officer shall suspend a license for a period
not to exceed 30 days if he 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. Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter.
C. Knowingly permitted gambling by any person on the sexually oriented
business premises.
A licensee shall not transfer his/her/its 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
in 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.
It is a defense to prosecution under §
276-15 that a person appearing in a state of nudity did so:
A. In a modeling class operated by a proprietary school, licensed by
the Commonwealth of Pennsylvania; a college, junior college or university
supported entirely or partly by taxation; or 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 partially by taxation.
B. In a structure which has no sign visible from the exterior of the
structure and no other advertising that indicates a nude person is
available for viewing; where, in order to participate in a class,
a student must enroll at least three days in advance of the class;
where no more than one nude model in on the premises at any one time.
[Amended 12-7-2006 by Ord. No. 1766]
A. Any individual, person, firm, corporation or other entity who shall
violate any provision of this chapter shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B. Each day that a violation of this chapter shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C. Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this chapter. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the chapter or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the chapter.
[Added 7-7-2011 by Ord. No. 1838]
Any sexually oriented business and/or any sexually oriented
activity to be regulated by this chapter shall only be permitted to
locate and operate within a Development Zoning District (D). Under
no circumstances shall any sexually oriented business and/or any sexually
oriented activity to be regulated by this chapter be permitted to
locate and/or operate within an R1, R2, R3, BID, C or GB Zoning District
or any other zoning district whether in existence now or which might
be created in the future.