The Millvale Borough Council finds:
A. Sexually oriented businesses have adverse secondary effects, which
secondary effects should be regulated to protect the public health,
safety and welfare. These secondary effects include, but are not limited
to the spread of communicable diseases, performance of sexual acts
in public places, presence of discarded sexually oriented materials
on public and private property, sexual harassment, obscenity, prostitution
and other illegal sexual activities, crime and neighborhood deterioration.
B. A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the sexually oriented business. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see the sexually oriented business is run in a manner consistent with
the health, safety and welfare of its patrons and employees, as well
as the citizens of the Borough. It is appropriate to require reasonable
assurances that the licensee is the actual operator of the sexually
oriented business, fully in possession and control of the premises
and activities occurring therein.
C. Removal of doors on viewing booths and requiring sufficient lighting
on premises with viewing booths advances a substantial governmental
interest in discouraging the advances a substantial governmental interest
in discouraging the illegal and unsanitary sexual activity occurring
in adult theaters and establishments.
D. Requiring licensees of sexually oriented business to keep information
regarding current employees and certain past employees will help reduce
the incident of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
E. The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, limiting the adverse secondary effects of such
businesses.
F. It is desirable in the prevention of the spread of communicable diseases
to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this chapter is designed to prevent
or who are likely to be witnesses to such activity.
G. The fact that an applicant for a sexually oriented business license
has been convicted of a sexually related crime leads to the rational
assumption that the applicant is likely to engage in that conduct
in contravention of this chapter.
H. The barring of such individuals from the management of sexually oriented
business for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
Sexually oriented businesses are classified as follows:
B. Adult bookstores or adult video stores;
E. Adult motion-picture theaters;
I. Sexual encounter centers;
As used in this chapter, the following terms, words and phrases
shall have the meanings indicated unless the context clearly indicates
a different meaning:
ADULT ARCADE
Any place to which the public is permitted or an invitee
wherein coin-operated, slug-operated, or electronically; electrically
or mechanically controlled still or motion-picture machines, projectors,
computers/Internet, or other images to five or fewer persons per machine
at any one time and where the images so displayed and distinguished
or characterized by the depicting or describing of specified sexual
activities; or specified anatomical areas: the male genitals in a
state or sexual arousal and/or vulva or more intimate parts of the
female genitals and/or anus.
ADULT BOOKSTORE, NOVELTY STORE or ADULT VIDEO STORE
A.
A commercial establishment which, as one of the its principal
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, videocassettes or video reproductions, slides,
CD-ROM discs or other computer software, or other visual representations
which depict or describe specified sexual activities or specified
anatomical areas;
(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," so long as one of its principal business purposes is the offering
for sale or rental for consideration and specified materials which
depict or described specified sexual activities or specified anatomical
areas.
ADULT CABARET
A nightclub, bar, restaurant, or other commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity or semi-nudity;
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 which are characterized by the depiction of description
of specified sexual activities of specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishments which:
A.
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or similar 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;
B.
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.
ADULT MOTION-PICTURE THEATERS
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, 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 THEATERS
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.
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 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.
ESTABLISHMENTS
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business;
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 business or to a non-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.
RESTAURANT
A place where the principal and substantial activity is the
sale of food and the incidental sale of nonintoxicating beverages
or intoxicating beverages if licensed by the Pennsylvania Liquor Control
Board.
SEMINUDE
A state of dress in which clothing covers no more than genitals,
pubic region and areola of the female breast, as well as portions
of the body covered by supporting straps or devises.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of
the same sex when one or more persons is in a state of nudity or seminudity.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breast;
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 or of in connection with any of the activities set forth in Subsections
A through
C above described.
The annual fee for a sexually oriented occupancy permit shall
be as set by resolution of the Borough Council.
The Zoning Officer shall suspend a permit for a period not to
exceed 30 days if he/she 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. Engaged in excessive use of alcoholic beverages while on the sexually
oriented business premises;
C. Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter;
D. Knowingly permitted gambling by any person in or on the sexually
oriented business premises;
E. Failed to man managers' station and/or maintain viewing room
as set forth herein.
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.
It is a defense to prosecution under this chapter 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;
(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 injunctions as well as
citations for violations of this chapter.
Upon enactment, existing businesses shall have one year to come into compliance with the regulations contained in this chapter, excluding the location requirements of §
248-12 contained herein.
A person commits a violation of this chapter if the person acts
as an escort or agrees to act as an escort for any person under the
age of 18 years.
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.