[Ord. 99-19, 11/18/1999]
The Board of Commissioners finds that sexually oriented businesses
are frequently used for unlawful sexual activities, including prostitution
and sexual liaisons of a casual nature. The concern over sexually
transmitted diseases is a legitimate health concern of Susquehanna
Township which demands reasonable regulation of sexually oriented
businesses in order to protect the health and well being of its citizens.
Permitting and/or licensing is a legitimate and reasonable means of
accountability to ensure that operators of sexually oriented businesses
comply with reasonable regulations and to ensure that operators do
not knowingly allow their establishments to be used as places of illegal
sexual activity or solicitation. There is convincing documented evidence
that sexually oriented businesses, because of their very nature, have
a deleterious effect on both the existing businesses around them and
the surrounding residential areas adjacent to them, causing increased
crime and the downgrading of property values. It is recognized that
sexually oriented businesses, due to their nature, have serious objectionable
operational characteristics, particularly when they are located in
close proximity to each other, thereby contributing to neighborhood
blight and downgrading the quality of life in the adjacent area. Susquehanna
Township desires to minimize and control these adverse effects and
thereby protect the health, safety and welfare of the citizenry; protect
the citizens from increase crime; preserve the quality of life; preserve
the property values and character of surrounding neighborhoods and
deter the spread of neighborhood blight. It is not the intent of the
Part to suppress any speech activities protected by the First Amendment,
but to enact a content neutral chapter which addresses the secondary
effects of sexually oriented businesses. It is not the intent of the
Board of Commissioners to condone or legitimize the distribution of
obscene material.
[Ord. 99-19. 11/18/1999]
It is the purpose of this Part 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 Part have neither the purpose not effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is not the intent nor effect
of this Part 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
Part to condone or legitimize the distribution of obscene material.
[Ord. 99-19, 11/18/1999]
ADULT ARCADE — 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 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."
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which has a substantial or significant
portion of its stock-in-trade and 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, video cassettes or video reproductions, slides
or other visual representations distinguished or characterized by
their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas."
B.
Instruments, devices or paraphernalia which are designed for
use in connection with "specified sexual activities."
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A commercial establishment may have substantial or significant
portions of its stock-in-trade in other goods and/or services that
do not involve the offering for sale or rental of material distinguished
or characterized by its emphasis on matters depicting, describing
or relating to "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 principal business purposes
meets the definition of an adult bookstore or adult video store set
forth above.
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ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in the state of 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 photograph
reproductions 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, video cassettes, 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 THEATER
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."
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.
PERMITTEE and/or LICENSEE
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.
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, sculpted, photographed, or similarly depicted
by other persons who pay money or any form of consideration.
PERSONS
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
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.
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.
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 or adult video store, adult
cabaret, adult motion picture theater, adult theater, escort agency,
nude model studio or sexual encounter center.
SPECIFIC ANATOMICAL AREAS
The male genitals in the state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes 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 or sodomy.
C.
Masturbation, actual or simulated.
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
SUBSTANTIAL ENLARGEMENT
A sexually oriented business means the increase in floor
areas occupied by the business by more than 25%, as the floor area
exists on the date of enactment of this Part.
TRANSFER OF OWNERSHIP or CONTROL OF A SEXUAL 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 transfers 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.
[Ord. 99-19, 11/18/1999]
Sexually oriented businesses are classified as follows:
B. Adult bookstores or adult video stores.
D. Adult motion picture theaters.
H. Sexual encounter centers.
[Ord. 99-19, 11/18/1999]
The annual fee for a sexually oriented business permit shall
be established by resolution of the Board of Commissioners of Susquehanna
Township.
[Ord. 99-19, 11/18/1999]
The Code Enforcement 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 has:
A. Violated or is not in compliance with any section of this Part.
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 Part.
D. Knowingly permitted gambling by any person on the sexually oriented
business premises.
E. Failed to man manager's stations and/or maintain viewing rooms as set forth in §
13-514.
[Ord. 99-19, 11/18/1999]
A permittee shall not transfer his or her permit to another
permit. 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.
[Ord. 99-19, 11/18/1999]
The Zoning Ordinance [Chapter
27] hereby requires that sexually oriented businesses shall be permitted only as provided in Susquehanna Zoning Ordinance Part 10, Commercial Neighborhood District, S.I.C. No. 5735 Record and Prerecorded Tape Stores; and S.I.C. No. 784 Video Tape Rental; and Part 11, Commercial Highway District, S.I.C. No. 57 Furniture and Home Furnishing Stores; and S.I.C. No. 783 Motion Picture Theaters. [NOTE: Two digit classifications include all three digit and four digit classification beginning with the same two digit numbers, likewise, three digit classifications include all four digit classifications beginning with the same three digit number.] Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in §
13-505 et seq. of this Part. In addition, any sexually oriented business shall be subject to the following restrictions:
A. The person commits a violation of this section if he operates or
causes to be operated a sexually oriented business without a permit
except as provided herein.
B. The person commits violation of this section if he operates or causes
to be operated a sexually oriented business within 1,000 feet of (1)
any religious institution, (2) any school, (3) a public park adjacent
to any residential district and use or (4) a boys or girls club, or
similar existing youth organization, except as provided herein.
C. A person commits a violation of this section if he operates or causes
to be operated a sexually oriented business within 750 feet of another
such business, which will include, any adult arcade, adult bookstore,
adult novelty store, adult video store, adult cabaret, adult motel,
adult motion picture theater, adult theater, massage parlor or any
sexual encounter establishment, except as provided herein.
D. A person commits a violation of this section if he causes or permits
the operation, establishment, or maintenance of more than one sexually
oriented business within the same building, structure or portion thereof,
except as provided herein, or causes the substantial enlargement of
any sexually oriented business in any building, structure or portion
thereof containing another sexually oriented business.
E. A person commits a violation of this section if he operates or causes
to be operated a sexually oriented business within 500 feet of any
property zoned for residential district or use or used for residential
purposes.
F. The distance between any two sexually oriented businesses shall be
measured in a straight line, without regard to intervening structures,
from the closest exterior structural wall of each business. The distance
between any sexually oriented business and any religious institution,
public or private elementary or secondary school, boys club, girls
club, or similar existing youth organization, or public park or public
building or any properties zoned for residential use or used for residential
purposes shall also be measured in a straight line, without regard
to intervening structures or objects from the nearest point of the
property line of the premises where the sexually oriented business
is conducted, to the nearest point of the property line of the premises
of any religious institution, public or private elementary or secondary
school, boys club, girls club, or similar existing youth organization,
or public park or public building or any properties zoned for residential
use or used for residential purposes.
[Ord. 99-19, 11/18/1999]
It is a defense to prosecution under §§
13-506 and
13-513 that a person appearing in a state of nudity did so in modeling class operated:
A. By a proprietary school, licensed by the Commonwealth of Pennsylvania,
or a college, junior college or university supported entirely or party
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.
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.
(3)
Where no more than one nude model is on the premises at any
one time.
[Ord. 99-19, 11/18/1999]
A person who operates or causes to be operated a sexually oriented
business without a valid permit or in violation of this Part is subject
to an action in equity or a suit for injunction.
[Ord. 99-19, 11/18/1999]
Any person who violates any provision of this Part shall be
guilty of and liable for a summary offense and, upon conviction, shall
be sentenced to pay a fine not exceeding $600 and the cost of the
action. In default of payment of such fine and costs, such person
may be sentenced and committed to Dauphin County Prison for a period
not exceeding 30 days.