[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."
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:
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."
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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A nightclub, bar, restaurant 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."
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."
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."
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 primary business
purposes, for a fee, tip or other consideration.
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.
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.
The appearance of a human bare buttock, anus, male or female
genitals or female breasts.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
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 primary
business purposes, offers for any form of consideration:
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.
The male genitals in the state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
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.
The Township of Susquehanna.
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.
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:
[Ord. 99-19, 11/18/1999]
1.
An application for a permit to operate a sexually oriented business
must be made on a form provided by the Code Enforcement Officer of
the Township. The application must be accompanied by a sketch or diagram
showing the floor plan and plot plan configuration of 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.
2.
The applicant must be qualified according to the provisions of this
Part and the premises must be in compliance with this and all other
applicable Township ordinances.
3.
If a person who wishes to operate a sexually oriented business in
an individual, he or she 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.
4.
The fact that a person possesses other types of Township permits
does not exempt the person from the requirements of obtaining a sexually
oriented business permit.
[Ord. 99-19, 11/18/1999]
1.
The Township Code Enforcement Officer shall issue a permit to an
applicant within 30 days after receipt of an application unless he
finds one or more of the following to be true, in which event he shall
deny the permit within said 30 days period:
A.
An applicant is under 18 years of age.
B.
An applicant has failed to provide information reasonably necessary
for issuance of this permit or has falsely answered a question or
request for information on the application form.
C.
The premises to be used for the sexually oriented business does not
meet the requirements of the Township Code and ordinances.
D.
The permit fee required by this Part has not been paid.
E.
An applicant of the proposed establishment is in violation of or
is not in compliance with any of the provisions of this Part.
2.
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.
[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]
1.
An applicant, or permittee, shall permit representatives of the Police
Department, Fire Marshall, Code Enforcement Officer and 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.
2.
A person who operates a sexually oriented business or his or her
agent or employee violates this Part if he or she refuses to permit
such lawful inspection of the premises at any time it is occupied
or open for business.
[Ord. 99-19, 11/18/1999]
1.
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 13-506. Application for renewal should be made at least 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit. A decision to renew or deny shall be made within 30 days of receipt of the application by the Township.
2.
Where the applicant certifies, under penalty of perjury, that no
change has occurred in the use, possession and/or physical structure
of the premises since the date of the issuance of the last permit,
the applicant shall be permitted to continue the operation of its
business under the exact provisions of said permit pending a decision
by the Township Code Enforcement Officer on the renewal application.
In the event the renewal application is denied, applicant may continue
to operate its business under the exact conditions of the expired
permit until said denial is reviewed by the Court of Common Pleas
of Dauphin County, Pennsylvania, provided applicant appeals said denial
within 30 days of the decision of the 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.
[Ord. 99-19, 11/18/1999]
1.
The Code Enforcement Officer shall revoke a permit if a cause of suspension set forth in § 13-510 occurs and the permit has been suspended within the preceding 12 months.
2.
The Code Enforcement Officer shall revoke a permit if he determines
that:
A.
A permittee gave false or misleading information in the material
submitted to the Township during the application process.
B.
A permittee or an employee of a permittee has knowingly allowed possession,
use or sale of controlled substances on the premises.
C.
A permittee or an employee of a permittee has knowingly allowed prostitution
on the premises.
D.
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.
E.
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.
3.
When the Code Enforcement 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.
4.
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or licensee or permittee shall have the right to appeal said action and to seek prompt judicial review of such action in a court of competent jurisdiction, as provided by the Pennsylvania Municipalities Planning Code, Township Zoning Ordinance [Chapter 27, § 27-2221, "Enforcement Notice" and § 27-2222, "Enforcement Remedies"] and/or other applicable laws of the Commonwealth of Pennsylvania.
[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]
1.
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 of less than 150 square feet of floor space, a film
or video cassette or other video or other image production or reproduction
which is distinguished or characterized by its emphasis on matters
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" shall comply with the following requirements:
A.
All viewing rooms shall be open to an adjacent public area of the
premises.
B.
The application for a permit to operate a sexually oriented business
shall be accompanied by a flood 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 and
adjacent open public areas, 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 Code Enforcement Officer 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.
C.
The application shall be sworn to be true and correct by the applicant.
D.
No alteration in the configuration or location of a manger's
station may be made without the prior approval of the Code Enforcement
Officer or his designee.
E.
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.
F.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the public area adjacent to
the viewing room and from the 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
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,
other than restrooms, from each of the manager's stations. The
view required in this subsection must be by direct line of sight from
the manager's station and the public areas adjacent to view rooms.
G.
It shall be the duty of the owner 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 1F above, 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 1A of this section.
H.
No viewing rooms may be occupied by more than one person at any time.
No connections or openings to an adjoining viewing room shall be permitted.
I.
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.
J.
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.
2.
A person having a duty under Subsection 1A through J of this section,
is guilty of a violation of this Part if he or she knowingly fails
to fulfill that duty.
[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.
