[HISTORY: Adopted by the City Council of the City of Oil
City 1-28-2008 by Ord. No. 2750. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 310.
A.
Purpose.
(1)
Pursuant to the authority granted in the Third Class City Code to
promote and secure the health, cleanliness, comfort and safety of
the citizens of the City of Oil City; to regulate and inspect the
use and occupancy of public buildings; to regulate places of public
entertainment, amusement and recreation; and to prevent and prohibit
public nuisances due to adverse secondary effects, the City of Oil
City (hereinafter "City") enacts this chapter to minimize and control
the adverse secondary effects of adult-oriented businesses and thereby
protect the health, safety and welfare of its citizens; protect the
citizens' property values and the character of surrounding neighborhoods;
and deter the spread of blight.
(2)
The City has determined that licensing is a legitimate and reasonable
means of accountability to ensure that operators of adult-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.
(3)
The City does not intend this chapter to suppress any speech activities
protected by the First Amendment but to enact a content-neutral ordinance
which addresses the secondary effects of adult-oriented businesses.
It is not the intent of the City enacting this legislation to deny
any person their rights of speech protected by the Constitution of
the United States or the Constitution of the Commonwealth of Pennsylvania,
or both, nor is it the intent of the City to impose by this chapter
any additional limitations or restrictions on the contents of any
communicative materials, including sexually oriented films, videotapes,
books and other materials. Further, by enacting this chapter, the
City does not intend to deny or restrict the rights of any adult to
obtain or view, or both, any sexually oriented materials or conduct
protected by the Constitution of the United States or the Constitution
of Commonwealth of Pennsylvania, or both, nor does it intend to restrict
or deny any constitutionally protected rights that distributors or
exhibitors may have to sell, distribute or exhibit these sexually
oriented materials.
B.
Legislative, judicial and research findings. The City finds:
(1)
Law enforcement personnel have determined, and statistics and studies
performed in a substantial number of communities in this commonwealth
and in the United States have indicated, that adult-oriented businesses
have adverse secondary effects, including those specified and recognized
at 68 Pa.C.S.A. § 5501(a), which secondary effects should
be regulated to protect the public's health, safety and welfare.
These secondary effects include, but are not limited to, the spread
of communicable diseases; the performance of sexual acts in public
places; the presence of discarded sexually oriented materials on public
and private property; sexual harassment; obscenity, prostitution and
other illegal sexual activities; crime; decreased property values
and neighborhood deterioration.
(2)
Based on evidence concerning the adverse secondary effects of adult-oriented
businesses on the community as presented: a) in depositions and hearings
conducted by the United States District Court for the Middle District
of Pennsylvania and the United States District Court for the Western
District of Pennsylvania; b) on findings incorporated in the following
cases: City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986),
Young v. American Mini Theatres, 426 U.S. 41 (1976), and Barnes v.
Glen Theatre, Inc., 501 U.S. 560 (1991); c) from studies and reports
from other cities throughout the country, including, but not limited
to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis,
Indiana; Amarillo, Texas; Biloxi, Mississippi; Seattle, Washington;
Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and
d) on findings from the Report of the Attorney General's Working
Group on the Regulation of Sexually Oriented Businesses, (June 6,
1989, State of Minnesota); the City finds:
(a)
Adult-oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments, and there is presently no mechanism to make
the owners of these establishments responsible for the activities
that occur on their premises.
(b)
Certain employees of adult-oriented businesses as defined in
this chapter as adult theaters and cabarets engage in higher incidences
of certain types of illicit sexual behavior than other employees of
other establishments.
(c)
Sexual acts, including masturbation, and oral and anal sex,
occur at adult-oriented businesses, especially those which provide
private or semiprivate booths or cubicles for viewing films, videos
or live sex shows. Furthermore, adult bookstores tend to attract homosexual
men who engage in unprotected, high-risk sexual activities. Offering
and providing such space encourages such activities, which creates
unhealthy conditions.
(d)
Persons frequent adult theaters, adult arcades and other adult-oriented
businesses for the purpose of engaging in sex within the premises
of such adult-oriented businesses.
(e)
At least 50 communicable diseases may be spread by activities
occurring in adult-oriented businesses, including, but not limited
to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS),
genital herpes, Hepatitis B, Non A and Non B amebiasis, salmonella
infections and shigella infections.
(f)
The Surgeon General of the United States in his report of October
22, 1986, advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected
mother to the newborn.
(g)
According to the best scientific evidence available, AIDS and
HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts.
(h)
Sanitary conditions in some adult-oriented businesses are unhealthy,
in part, because the activities conducted there are unhealthy and,
in part, because of the unregulated nature of the activities and the
failure of the owners and the operators of the facilities to self-regulate
those activities and maintain their facilities.
(i)
Numerous studies and reports have determined that semen is found
in areas of adult-oriented businesses where persons view adult-oriented
films.
(j)
Numerous studies have indicated that adult-oriented businesses
have a substantial negative impact on property values and cause neighborhood
blight.
(3)
Adult-oriented businesses have adverse secondary effects in the nature
of creating a public nuisance, which secondary effects should be regulated
to protect the public health, safety and welfare of the general public.
(4)
Adult-oriented businesses have operational characteristics which
should be reasonably regulated in order to protect those substantial
government concerns.
(5)
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and operators
of the adult-oriented businesses. Further, such a licensing procedure
will place an incentive on the operators to see that their adult-oriented
businesses are run in a manner consistent with the health, safety
and welfare of its patrons and employees, as well as the citizens
of the City. It is appropriate to require reasonable assurances that
the licensee is the actual operator of the adult-oriented business,
fully in possession and control of the premises and activities occurring
therein.
(6)
Removal of doors on adult booths and requiring sufficient lighting
on premises that have adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters and bookstores.
(7)
Requiring licensees of adult-oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incidences of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
(8)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the adult-oriented
business, where such information is substantially related to the significant
governmental interest in the operation of such uses, will aid in preventing
the spread of sexually-transmitted diseases.
(9)
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.
(10)
The fact that an applicant for an adult-oriented-business-use 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 the breach of the provisions of this chapter. The barring of such
individuals from the ownership and/or management of adult-oriented
businesses in the City serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases.
(11)
The limitation of operating hours of adult-oriented businesses from
8:00 a.m. to 10:00 p.m., Monday through Saturday, and closure of such
businesses on Sunday and holidays reduces the adverse secondary effects
of such businesses, including, in particular, late-night noise levels,
crime, sexually offensive materials and activities in public areas,
as well as promoting the public health, safety and welfare.
(12)
The reasonable regulation and supervision of adult-oriented businesses
tends to discourage sexual acts and prostitution and thereby promotes
the health, safety and welfare of patrons, clients and customers of
these businesses.
(13)
The continued unregulated operation of such adult-oriented businesses
would be detrimental to the general health, safety and welfare of
the citizens of the City.
(14)
The general welfare, health and safety of the citizens of the City
will be promoted by the enactment of this chapter.
As used in this chapter, the following word and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning:
Any place in which the public is permitted or invited wherein
coin-operated, slug-operated or, for any form of consideration, electronically,
electrically or mechanically controlled still- or motion-picture machines,
projectors, video or laser disc players, 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 distinguishable
or characterized by the depicting or describing of "specified sexual
activities" or "specified anatomical areas."
A commercial establishment which, as one of its principal 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, video cassettes or video reproductions, slides
or other visual representation which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
In terms of this definition, the term "principal purpose" shall
be defined as occupying 50% or greater of the total gross floor area
of the business that is open for public access.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity; or
Live performances which are characterized by the exposure of
specified anatomical areas" or by specified sexual activities; or
Films, motion pictures, video cassettes or video reproductions,
slides or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
An exhibition of any adult-oriented motion pictures which are
distinguished and characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas; or
A live performance, display or dance of any type, which has
a significant or substantial portion of the performance which includes
any actual or simulated performance of specified sexual activities
or exhibition or viewing of specified anatomical areas or persons
in a state of nudity or seminudity; or
Films, motion pictures, video cassettes, slides or other photographic
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 other photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio, sexual encounter center or other
commercial establishment where adult entertainment is presented for
money or other forms of consideration.
A theater, tavern, concert hall, banquet hall, party room,
conference center, restaurant, nightclub, club, bar, recreation center,
indoor amusement center, dance hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminudity or performances which are characterized by
the exposure of specified sexual areas or specified sexual activities.
A person who performs any service on the premises of an adult-oriented
business on a full-time, part-time or contract basis, whether or not
the person is determined an employee, independent contractor, agent,
lessee, lessee of a dance floor or space or otherwise, and whether
or not said person is paid a salary, wage or compensation by the operator
of said business. "Employee" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment
on the premises or for the delivery of goods to the premises.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another, or who agrees or offers
to privately model lingerie or to privately perform a strip tease
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.
Includes any of the following:
The opening or commencement of any adult-oriented business as
a new business;
The conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business;
The addition of any adult-oriented business or sexually oriented
use to any other existing adult-oriented business or sexually oriented
use; or
The relocation of any adult-oriented business.
A person in whose name a license to operate an adult-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 an adult-oriented business.
Having a general knowledge of or reason to know, or a belief
or grounds for belief which warrants further inspection or inquiry
of both:
The character and content of any material or performance described
herein which is reasonably accessible to examination by a licensee.
The age of a minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the licensee
made a reasonable bona fide attempt to ascertain the true age of such
minor.
Any place where a person appears 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 studios shall not include a proprietary
school licensed by the Commonwealth of Pennsylvania, which includes
a college, junior college or university supported entirely or in part
by public taxation; 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:
That no sign is visible from the exterior of the structure and
no other advertising indicates a nude or seminude person is available
for viewing; and
Where in order to participate in a class, a student must enroll
at least three days in advance of the class; and
Where no more than one nude or seminude model is on the premises
at one time.
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; the showing of the covered
male genitals in a discernible turgid state.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
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 discernible turgid state, even if completely covered.
Any of the following offenses:
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display of 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 that are covered
under the criminal or penal code of other states or countries.
For which:
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 of a misdemeanor
offense;
Less than five years have elapsed since the date of conviction
or the date of release from confinement for conviction, whichever
is the later date, if the conviction is of a felony offense; or
Less than five years has 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 a twenty-four-month period.
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.
Any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation or sodomy;
Excretory functions as part of or in connection with any of
the activities set forth in A and B above; or
Human genitals in a state of sexual stimulation or arousal.
The increase in floor areas occupied by the business by more
than 25%, as the floor areas existing on the date of licensing.
Includes any of the following:
The sale, lease or sublease of the business;
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; and
Any change in the identity of the officers or directors of a
corporation operating an adult-oriented business.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing:
Films, movies, videos or visual reproductions of any kind depicting
or describing specified sexual activities or specified anatomical
areas; or
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 by specified sexual activities.
A.
It shall be unlawful:
(1)
For any person to establish and operate an adult-oriented business
after the effective date of this chapter without a valid adult-oriented
business license issued by the City pursuant to this chapter;
(2)
For any person to establish and operate an adult-oriented business
after the effective date of this chapter or to employ a person to
work for the adult-oriented business who is not licensed as an adult-oriented
business employee by the City pursuant to this chapter;
(3)
For any person to obtain employment with an adult-oriented business
after the effective date of this chapter without have secured an adult-oriented
business employee license pursuant to this chapter;
(4)
Beginning on the 180th day after the effective date of this chapter,
for any person to continue to operate an adult-oriented business already
in operation on the effective date of this chapter without a valid
adult-oriented business license pursuant to the provisions of this
chapter;
(5)
Beginning on the 180th day after the effective date of this chapter,
for any person operating an adult-oriented business in operation at
the time of the enactment of this chapter to employ a person to work
for that adult-oriented business who is not licensed as an adult-oriented
business employee by the City pursuant to the provisions of this chapter;
and
(6)
Beginning on the 180th day after the effective date of this chapter,
for any person working as an employee of an adult-oriented business
on the effective date of this chapter to continue such employment
without having secured an adult-oriented business employee license
pursuant to the provisions of this chapter.
B.
Application for a business or employee license must be made on a
form provided by the City. For purposes of this chapter, the responsibility
for conducting any investigation, receiving and processing any application,
and issuing or denying any license required under this chapter shall
be the Oil City Chief of Police.
C.
All applicants must be qualified according to the provisions of this
chapter. The application may request and the applicant shall provide
such information as to enable the City to determine whether the applicant
meets the qualifications established in this chapter.
D.
If a person who wishes to operate an adult-oriented business is an
individual, the person must sign the application for a license as
the applicant. If a person who wishes to operate an adult-oriented
business is other than an individual, each individual who has twenty-percent
or greater interest in the business must sign the application for
a license as an applicant. Each applicant shall be considered a licensee
if a license is granted.
E.
Adult-oriented business license applications. The completed application
for an adult-oriented business license shall contain the following
information and shall be accompanied by the following documents.
(1)
If the applicant is:
(a)
An individual. The individual shall state his/her legal name
and any aliases and submit proof that he/she is at least 18 years
of age;
(b)
A partnership. The partnership shall state its complete name
and the names of all partners; whether the partnership is general
or limited; and a copy of the partnership agreement, if any;
(c)
A corporation. The corporation shall state its complete name,
the date of its incorporation, the type or classification of the corporation,
evidence that the corporation is in good standing under the laws of
its state of incorporation and qualified and authorized to conduct
business in Pennsylvania, the names and capacity of all officers and
directors, and the name of the registered corporate agent and address
of the registered office;
(2)
If the applicant intends to operate the adult-oriented business under
a name other than that of the applicant, he or she must state: a)
the adult-oriented business' fictitious name; and b) submit the
required registration documents.
(3)
Whether the applicant or a person residing with the applicant has
been convicted of a specified criminal activity as defined in this
chapter and, if so, the specified criminal activity involved, the
date, place and jurisdiction of each.
(4)
Whether the applicant or a person residing with the applicant has
had a previous license under this chapter or other similar adult-oriented
business ordinance from another municipality, county or jurisdiction
denied, suspended or revoked, including the name and location of the
adult-oriented business for which the permit was denied, suspended
or revoked, as well as the date of the denial, suspension or revocation,
and/or whether the applicant or a person residing with the applicant
has been a partner in a partnership or an officer, director or principal
stockholder of a corporation that is or was licensed under this chapter
or other similar adult-oriented business ordinance from another municipality,
county or jurisdiction whose license has previously been denied, suspended
or revoked, including the name and location of the adult-oriented
business for which the permit was denied, suspended or revoked, as
well as the date of the denial, suspension or revocation.
(5)
Whether the applicant or a person residing with the applicant holds
any other licenses under this chapter or other similar adult-oriented
business ordinance from another municipality, county or jurisdiction
and, if so, the names and locations of such other licensed businesses.
(6)
The specific classification of adult-oriented use for which the applicant
is filing, along with a detailed description of each and every activity
encompassed by the proposed adult-oriented use, which description
shall thoroughly demonstrate compliance and/or intended compliance
with all provisions of this chapter.
(7)
The location of the proposed adult-oriented business, including a
legal description of the property, street address, and telephone number(s),
if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant(s),
(10)
The applicant(s)' driver's license number(s), social security
number(s), and/or his/her state or federally issued tax identification
number(s).
(11)
A sketch or diagram showing the 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 it 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.
(12)
If an applicant wishes to operate an adult-oriented business which shall show on the premises any films, video cassettes, other video reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas in a viewing room or booth of less than 150 square feet of floor space, then the applicant shall also comply with the application requirements set forth in § 84-12 of this chapter.
(14)
An infectious disease control plan to protect employees and the public
from bodily fluids or infectious contamination. A copy of the plan
shall be attached to the application and shall be OSHA (Occupational
Safety and Health Act) compliant.
F.
Adult-oriented business employee applications.
(1)
Before any applicant may be issued an adult-oriented business employee
license, the applicant shall submit on a form to be provided by the
City the following information:
(a)
The applicant's name or any other name (including "stage"
names) or aliases used by the individual;
(b)
Age, date and place of birth;
(c)
Height, weight, hair and eye color;
(d)
Present residence address and telephone number;
(e)
Present business address and telephone number, if any;
(f)
Date, issuing state and driver's license number or other
identification card information;
(g)
Social security number; and
(h)
Proof that the individual is at least 18 years of age.
(2)
Attached to the application form for an adult-oriented business employee
license shall also be the following:
(a)
At the time the application is filed, the City will take a color
photograph of the employee applicant clearly showing the applicant's
face, which photograph shall be used to complete the criminal background
check required by this chapter.
(b)
A statement detailing any licensing history of the applicant
for the five years immediately preceding the date of the filing of
the employee application, including whether such applicant previously
operated or was/is seeking to operate, in this or any other county,
municipality, state or country, any type of business, or has ever
had a license, permit or authorization to conduct any type of business
denied, revoked or suspended, or had any professional or vocational
license or permit denied, revoked or suspended. In the event of any
such denial, revocation or suspension, state the name of the issuing
or denying jurisdiction and describe in full the reason for the denial,
revocation or suspension, and attach such information to the application.
(c)
A statement whether the applicant has been convicted of a specified
criminal activity as defined in this chapter and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each.
(d)
A statement acknowledging that the employee has reviewed the
infectious disease control plan adopted by the adult-oriented business.
G.
Any and all adult-oriented businesses in operation within the City
as of the effective date of this chapter must apply for the required
licenses and pay any applicable license fees under this chapter and,
furthermore, must come into full compliance with this chapter within
180 days after the effective date of this chapter.
H.
To the extent permitted by law, all applications for licenses required
by this chapter and materials submitted therewith shall be maintained
by the City in a confidential file which shall not be made available
to the public, except that all adult-oriented business licenses shall
be available for public inspection.
A.
Upon the filing of a fully completed application for an adult-oriented
business license or employee license, the application shall then be
referred to the Police Chief as the licensing administrator for purposes
of this chapter for an investigation to be made on such information
as is contained in the application and any attachments thereto. The
processing and investigation of the applications shall be completed
within 30 days of the date that the fully completed application is
filed with the City. Any incomplete application shall be returned
to the applicant and the thirty-day period for processing and investigation
shall not commence until a fully completed application has been filed
and accepted. After the processing and investigation, the City shall
issue a license, unless it is determined by a preponderance of the
evidence that one or more of the following findings is true:
(1)
The applicant has falsely answered a question or request for information
on the application form.
(2)
The applicant is under the age of 18 years.
(3)
The applicant has been convicted of a "specified criminal activity,"
as defined in this chapter.
(4)
The license is to be used for operation of a business or employment
in a business that is prohibited by local or state law, statute, rule
or regulation, or prohibited by a particular provision of this chapter.
(5)
The applicant has had an adult-oriented business license or adult-oriented
business employee license permanently revoked by the City within one
year of the date of the current application.
(6)
The required application, investigation and license fees have not
been paid.
(7)
An applicant's license to operate an adult-oriented business
issued by any other jurisdiction has been revoked within the preceding
twelve-month period.
(8)
The application demonstrates that the proposed adult-oriented business
is in violation of, or is not in compliance with, any of the provisions
of this chapter.
B.
A license granted pursuant to this section shall be subject to annual renewal upon submission of the required written application by the applicant and a finding by the City that the applicant has not been convicted of a specified criminal activity as defined in this chapter or committed any act during the existence of the previous license which would have been grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 84-5 of this chapter.
C.
The license, if granted, shall state on its face the name of the
person or persons to whom it is being granted, the expiration date,
the address of the adult-oriented business or employee, and the specific
classification of adult-oriented use for which the license is issued.
All licenses shall be posted in a conspicuous place at or near the
entrance of the adult-oriented business so that they may be easily
viewed at any time.
D.
Applications for licenses required by the City under this chapter
shall be processed and either denied or approved in 30 days after
a complete application is filed with the City. A letter notifying
the applicant of such denial or approval shall be mailed to the applicant
within 30 days of the submittal of a complete application. It the
City fails to render a decision granting, denying or renewing a license
required by this chapter within 30 days after a complete application
is filed with the City, the license required by this chapter shall
be deemed to have been approved. This "deemed approved" rule shall
apply to both applications for adult-oriented business licenses and
adult-oriented business employee licenses.
E.
An adult-oriented business license shall be issued for the specific
classification of adult-oriented use permitted by this chapter and
applied for.
A.
Every application for a new adult-oriented business license shall
be accompanied by a five-hundred-dollar nonrefundable application
and investigation fee.
B.
Every application for renewal of an existing adult-oriented business
license shall be accompanied by an annual nonrefundable renewal license
fee of $200 within 30 days of the license renewal.
C.
Every application for an adult-oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual fifty-dollar nonrefundable application,
investigation and license fee.
D.
All license applications and fees shall be submitted to the Oil City
Police Department, at which time the application shall be forwarded
to the Chief of Police who is designated as licensing administrator
for review, investigation and approval or denial of the completed
application.
E.
The schedule of fees set forth in this section may be amended from
time to time by proper action of City Council.
Subject to the consent of an applicant or licensee, the Police
Chief may inspect the premises of any adult-oriented businesses for
purposes of ensuring compliance with this chapter during any time
it is open for business. In the event that the Police Chief has probable
cause to believe that an adult-oriented business is operating in violation
of this chapter, he may inspect the premises of the adult-oriented
business for purpose of ensuring compliance with this chapter during
any time it is open for business.
A.
Each license issued under this chapter shall expire one year from the date of issuance and may be renewed only by making application as provided in § 84-3 of this chapter. Application for renewal shall be made at least 30 days before the expiration date; if made less than 30 days before the expiration date, the date of the expiration of the license will not be extended.
B.
When the Police Chief denies renewal of a license, the applicant
shall not be issued a license for a one-year period from the date
of denial. If subsequent to denial the Police Chief finds that the
basis for denial of the renewal license has been corrected and abated
to his satisfaction, the applicant shall be granted a license after
at least 90 days have elapsed since the date of denial.
A.
The Police Chief 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 violated or is not in compliance with any provision of this chapter.
B.
The Police Chief shall revoke a license if the cause for suspension in § 84-8A occurs and the license has been previously suspended within the preceding twelve-month period.
C.
The Police Chief shall revoke a license if he determines that:
(1)
A licensee gave false or misleading information in the material submitted
during the application process;
(2)
A licensee has knowingly allowed possession, use or sale of controlled
substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the premises;
(4)
A licensee knowingly operated the adult-oriented business during
a period of time when the licensee's license was suspended;
(5)
A licensee has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation or other sex act to occur in or on the
licensed premises;
(6)
A licensee is delinquent in payment of any City, county or state
taxes or fees; or
(7)
A licensee has failed to develop and follow an infectious disease
control plan to protect employees and the public.
D.
When the Police Chief revokes the license, the revocation shall continue
for a one-year period, and the licensee shall not be issued an adult-oriented
business license for a one-year period from the date the revocation
became effective. If, however, subsequent to revocation the Police
Chief finds that the basis for the revocation has been corrected or
abated to his satisfaction, the applicant shall be granted a license
after at least 90 days have elapsed since the date the revocation
became effective.
A.
All license application denial, renewal, suspension or revocation
decisions shall be sent in writing to the applicant or licensee. All
decisions which deny, refuse to renew, suspend or revoke a license
shall state specifically the ordinance requirement not met and any
other basis for the decision. After denial of an application or denial
of a renewal of an application, or after the suspension or revocation
of any license, the applicant or licensee may appeal the decision
pursuant to procedures contained in the Local Agency Law (2 Pa.C.S.A.
§§ 551 et seq. and 751 et seq.) to the City Council, except
as modified herein. Any such appeal must be filed, in writing, with
the City Manager within 10 days from the date of the mailing of the
decision appealed and shall specify, in detail, the basis for the
appeal. Failure or refusal to file said appeal or specify the basis
of said appeal with the City Manager shall be deemed a conclusive
determination as to the issue or matters addressed by the written
decision. If an appeal is timely filed, City Council will then, within
20 days from the date the appeal is filed, establish and advertise
a Local Agency Law hearing pursuant to 2 Pa.C.S.A. §§ 551
et seq. and 751 et seq. The hearing date will be set no later than
30 days from the date the advertisement is published. A written decision
shall then be rendered within 10 business days from the conclusion
of such hearing. In the case of a denial of a license renewal, or
in the case of a license suspension or revocation, the licensee may
continue to operate to the same extent as immediately prior to the
suspension or revocation until the earlier of: 1) the expiration of
the 10 days' appeal period without filing an appeal; or 2) the date
of a final decision dismissing the appeal.
B.
Any person aggrieved by a decision of the City Council may appeal
to the court of competent jurisdiction pursuant to the Local Agency
Law (2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.) and 42
Pa.C.S.A. § 933(a)(2). The City shall, upon filing such
appeal, consent to any request by a license applicant or licensee
to the court to give expedited review of such appeal. The City shall
certify any record to the court within 20 days after the appeal is
filed. In the case of denial of a license renewal or in the case of
a license's suspension or revocation, the licensee may continue
to operate to the same extent as immediately prior to the suspension
or revocation until the earlier of:
A licensee shall not transfer his/her license to another party,
nor shall a licensee operate an adult-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 that person
causes or permits the operation, establishment or maintenance of an
unlicensed adult-oriented business activity in the same building,
structure or portion thereof containing other licensed adult-oriented
business activities or causes or permits an expansion of a previously
licensed adult-oriented business activity in any building, structure
or portion thereof without first obtaining the necessary license to
operate or expand that adult-oriented business activity.
A.
A person who operates or causes to be operated an adult-oriented
business which shows on the premises a film, video cassette, live
entertainment, or other video reproduction which depicts specified
sexual activities or specified anatomical areas in a viewing room
of less than 150 square feet of floor space shall comply with the
following requirements:
(1)
Upon application for an adult-oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more managers' stations, the location
of all overhead lighting fixtures and the designation of 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 in which the license will be conspicuously
posted, if granted. A professionally prepared diagram such as an engineer's
or architect's blueprint shall not be required; however, each
diagram should be oriented to the North and to some 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 City may waive the foregoing diagram
for renewal applications if the applicant certifies that the diagram
with configurations that were previously submitted and approved has
not been altered since it was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the City.
(4)
It is the duty of the licensee of the premises to ensure that at
least one licensed employee is on duty and situated in each manager's
station at all times that any patron is present in 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 restrooms. Restrooms may not contain video-reproduction
equipment. If the premises has two or more designated managers' stations,
then the interior of the premises shall be configured in such a manner
that there is an unobstructed view from at least one of the managers'
stations to any areas of the premises to which patrons are permitted
access for any purpose. The view that is required in this subsection
must be by direct line of sight from the manager's station.
(6)
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(5) above remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials, 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 as per 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.
(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 licensee to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
(10)
No licensee shall allow openings of any kind to exist between
the viewing rooms or booths.
(11)
No person shall make or attempt to make or create an opening
of any kind between the viewing booths or rooms.
(12)
The licensee, during each business day, shall regularly inspect
the walls between the viewing booths to determine if any openings
or holes exist.
(13)
The licensee shall cause all floor coverings in viewing booths
or rooms to be nonporous, easily cleanable surfaces, with no rugs
or carpeting.
(14)
The licensee shall cause all wall surfaces and ceiling surfaces
in viewing booths or rooms to be constructed of or permanently covered
by nonporous, easily cleanable materials. No wood, plywood, composition
board or other porous material shall be used within 48 inches of the
floor.
(15)
A licensee shall brief all employees as to the approved infectious
disease control plan and OSHA regulations before and during employment
at intervals of at least six months and shall maintain records demonstrating
that all employees have been so informed during those intervals. These
records shall be made available to the City upon request.
It shall be a violation of this chapter for a person in an adult-oriented
business to knowingly and intentionally appear in a seminude or nude
condition, unless that person is an employee. The employee, while
nude or seminude, shall be at least two feet from any patron or customer
on a stage. The stage must be elevated at least two feet from the
floor level.
A.
A nude model studio shall not employ any person under the age of
18 years.
B.
A person under the age of 18 years commits a violation of this chapter
if the person appears in a state of nudity on the premises of a nude
model studio. It is a defense to prosecution under this subsection
if the person under 18 years was in a restroom not open to public
view or visible to any other person.
C.
A person commits a violation of this chapter if the person appears
in a state of nudity, or knowingly allows another to appear in a state
of nudity, in an area of a nude model studio premises which can be
viewed from the public right-of-way.
D.
A nude model studio shall not place or permit a bed, sofa or mattress
in any room on the premises, except that a sofa may be placed in a
reception room that is open to the public.
B.
For purpose of this chapter, "public places" include all outdoor
areas owned by or open 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 to patrons invited to attend, whether or not an admission
charge is levied. The section shall not apply to:
C.
It is the intention of the City that this section be construed, enforced
and interpreted in such a manner as will cause the least possible
infringement of the constitutional rights of free speech, free expression,
due process, equal protection or fundamental rights.
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 an adult-oriented
business.
No adult-oriented business shall be open for business before
8:00 a.m., Monday through Saturday or after 10:00 p.m., Monday through
Saturday. An adult-oriented business shall be closed at all times
on Sundays and legal federal or state-recognized holidays.
The City shall enforce any violation of this chapter through
a civil enforcement proceeding before a Magisterial District Judge.
The civil enforcement proceeding shall be initiated by complaint or
by such other means as may be provided by the Pennsylvania Rules of
Civil Procedure. Any person, partnership or corporation who or which
has violated any provision of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
City, pay a judgment of not more than $500 for each violation, plus
all court costs and reasonable attorneys' fees incurred by the City
in the enforcement proceedings. In any case where a penalty for a
violation of this chapter has not been timely paid and the person
upon whom the penalty was imposed is found to have been liable therefor
in civil proceeding, the violator shall be liable for the costs and
reasonable attorneys' fees incurred by the City in the enforcement
proceedings. A separate violation shall arise for each day or portion
thereof in which a violation is found to exist for each section of
the ordinance which is found to have been violated. Additionally,
the City shall be exempt from the payment of costs in any civil case
brought to enforce an ordinance in accordance with this paragraph.
Further, the City may enforce any violation of this chapter through
an equity action brought in the Court of Common Pleas of Venango County.
