[HISTORY: Adopted by the Board of Supervisors of the Township
of Chartiers 9-21-2010 by Ord. No. 328. Amendments noted where
applicable.]
A.
Purpose.
(1)
Pursuant to the authority granted in the Second Class Township Code
and Pennsylvania Municipalities Planning Code[1] to prohibit nuisances, to promote the health, welfare,
cleanliness, comfort and safety of the citizens of Chartiers Township
(hereinafter "Township"), to regulate land use and development and
to regulate the location and time of opening and closing and the conduct
and location of places of public entertainment, amusement and recreation,
the Township of Chartiers enacts this chapter to minimize and control
the adverse secondary effects of sexually oriented businesses and
thereby protect the health, safety and welfare of its residents, to
protect the residents from increased crime, to preserve the quality
of life, to preserve the property values and character of surrounding
neighborhoods and to deter the spread of blight.
[1]
Editor's Note: See 53 P.S. § 65101 et seq. and 53
P.S. § 10101 et seq., respectively.
(2)
The Board of Supervisors (hereinafter "Supervisors") has determined
that licensing is a legitimate and reasonable means of accountability
to insure that the operators of sexually oriented businesses comply
with reasonable regulations and to insure that operators do not knowingly
allow their establishments to be used as places of illegal sexual
activity or solicitation.
(3)
The Supervisors do not intend by this chapter to suppress any speech
or expression activities protected by the First Amendment, but to
enact a content-neutral ordinance which addresses the secondary effects
of sexually oriented businesses.
B.
Legislative findings. The Supervisors find that:
(1)
Sexually oriented businesses have adverse secondary effects which
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 or private
property, sexual harassment, obscenity, prostitution and other illegal
sexual activities, crime and neighborhood deterioration.
(2)
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 businesses. Further, such a licensing procedure
will place a heretofore-nonexistent incentive on the operators to
see that 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 residents of the Township. 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.
(3)
Removal of doors on viewing booths and requiring sufficient lighting
on premises with viewing booths advances a substantial governmental
interest in discouraging illegal and unsanitary sexual activity occurring
in adult theaters.
(4)
Requiring licensees of sexually oriented businesses to keep information
regarding current employees and 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.
(5)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business will help limit and control the adverse secondary
effects of such businesses.
(6)
It is desirable, for the prevention of the spread of communicable
diseases, to obtain a limited amount of information regarding certain
employees who may engage in the conduct of which this chapter is designed
to prevent or who are likely to be witnesses to such activity.
(7)
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.
(8)
The barring of such individuals from the management of sexually oriented
businesses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
(9)
The general welfare, health and safety of the residents of the Township
will be promoted by the enactment of this chapter.
(10)
The limitation of operating hours of sexually oriented businesses
to 10:00 a.m. to 10:00 p.m. Mondays through Saturdays, and closure
of such businesses on Sundays and holidays reduces the adverse secondary
effects of such businesses, including particularly, but not limited
to, late-night noise levels, crime and sexually offensive materials
and activities in public areas, and promotes the public health, safety
and welfare.
(11)
Sexually oriented businesses, as defined herein, are not permitted
in residential or agricultural or neighborhood commercial zoned districts
in Chartiers Township. Any such use in a regional commercial or industrial
zoned district shall be a conditional use and not permitted within
one mile of any religious institutions and related uses and public
and private educational facilities, residential housing and public
and private recreational facilities or community facilities, including
but not limited to public libraries and municipal buildings, fire
department or fair grounds.
As used in this chapter, the following words and phrases shall
have the meanings indicated, unless the context clearly indicates
a different meaning.
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still or
motion-picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained, not located within
viewing booths, to show images to five or fewer persons per machine
at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides,
CD ROM discs or other computer software, or other visual representations
which are characterized by the depictions or description of specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specific sexual activities.
A nightclub, bar, restaurant or other commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity:
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions or visual presentations of any other kind which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A theater, concert hall, dance hall, auditorium 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.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "Employee"
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment of 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 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.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business or to a non-sexually oriented
business; or
The relocation of any sexually oriented business.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person; and
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the licensee
or person made a reasonable bona fide attempt to ascertain the true
age of such minor.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and, in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
Any place where a person who 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 studio" shall not include a proprietary
school licensed by the State of Pennsylvania or a college, junior
college or university supported entirely or in part by public taxation;
a private college or university which maintains and operates education
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 visible from the exterior of the structure and
no other advertising indicates a nude or seminude person is available
for viewing;
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
Where no more than one nude or seminude model is on the premises
at any 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 or the showing of the covered
male genitals in a discernibly turgid state.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
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 state of dress in which clothing partially or non-opaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola or human male
genitals in a discernibly turgid state, even if completely covered.
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 under
the criminal or penal code or other states or countries;
For which:
Less than two years have elapsed since the date of the conviction
or 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 the conviction, whichever
is the later date, if the conviction is of a felony offense; or
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any twenty-four-month period.
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:
Of sexually oriented business means and 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; or
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.
Booths, stalls, partitioned portions of a room, or 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 is unlawful:
(1)
For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the Township pursuant
to this chapter.
(2)
For any person who operates a sexually oriented business to employ
a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the Township pursuant
to this chapter.
(3)
For any person to obtain employment with a sexually oriented business
without having secured a sexually oriented business employee license
pursuant to this chapter.
(4)
For any person to continue to operate any sexually oriented business
in operation at the time of the enactment of this chapter without
a valid sexually oriented business license pursuant to this chapter.
(5)
For any person who operates a sexually oriented business in operation
at the time of the enactments of this chapter to employ a person to
work for the sexually oriented business who is not licensed a sexually
oriented business employee by the Township pursuant to this chapter.
(6)
For any person to obtain employment with a sexually oriented business
in operation at the time of the enactment of this chapter without
having secured a sexually oriented business employee license pursuant
to this chapter.
B.
An application for a license must be made on a form provided by the
Township.
C.
All applicants must be qualified according to the provisions of this
chapter. The application may request and the applicant shall provide
such information (including fingerprints) as to enable the Township
to determine whether the applicant meets the qualifications established
in this chapter.
D.
If a person who wishes to operate a sexually oriented business is
an individual, the person must sign the application for a license
as applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has a 20%
or greater interest in the business must sign the application for
a license as applicant. Each applicant must be qualified under this
chapter and each applicant shall be considered a licensee if a license
is granted.
E.
The completed application for a sexually 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 all 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 name of all partners, whether the partnership is general or
limited and a copy of the partnership agreement, if any.
(c)
A corporation, or LLC or any other entity allowed by the Commonwealth
of Pennsylvania, the corporation shall state its complete name, the
date of its incorporation, 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, directors and principal stockholders, and
the name of the registered corporate agent and the address of the
registered office for service of process.
(2)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he or she must state
the sexually oriented business' fictitious name and 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 person residing with the applicant, has
had a previous license under this chapter or other similar sexually
oriented business ordinance or law from another municipality, state
or county denied, suspended or revoked, including the name and location
of the sexually oriented business for which the permit was denied,
suspended or revoked, as well as the date of the denial, suspension
or revocation and 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 licensed under this
chapter whose license has previously been denied, suspended or revoked,
including the name and location of the sexually oriented business
for which the permit was denied, suspended or revoked as well as the
date of 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 sexually oriented
business ordinance or law from another municipality, state or county
and, if so, the names and locations of such other licensed businesses.
(6)
The specific classification of sexually oriented use for which the
applicant is filing along with a detailed description of each and
every activity encompassed by the proposed sexually oriented business,
which description shall thoroughly demonstrate compliance and/or intended
compliance with all provisions of this chapter.
(7)
The location of the proposed sexually 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 permit number, social security number
and his/her state or federally issued tax identification number.
(11)
A site plan showing the configuration of the premises, including
a statement of total floor space occupied by the business. With marked
dimensions of the interior of the premises to an accuracy of plus
or minus six inches.
(12)
A current certificate and straight-line drawing prepared within
30 days prior to the application by a registered land surveyor depicting
the property lines, the property to be certified, the location of
all structures, the depiction of all parking areas, to include the
dimensions of each space.
(13)
If an applicant wishes to operate a sexually oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in Subsection E(11), above, and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(14)
The application form shall inform the applicant that separate
applications are required for any necessary zoning permits, subdivision
and land development approvals, conditional use approval or building
and occupancy permits and that the applicant may apply for such permits
by contacting the Township Zoning Officer (hereinafter "Zoning Officer")
and that Department of Labor and Industry approval is required.
(15)
Before any applicant may be issued a sexually oriented business
employee license, the applicant shall submit on a form to be provided
by the Township 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;
(f)
Date, issuing state and number of driver's license or other
identification card information;
(g)
Social security number; and
(h)
Proof that the individual is at least 18 years of age.
(16)
Attached to the application form for a sexually oriented business
employee license, as provided above, shall be the following:
(a)
A color photograph of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by any police
department. Any fees for the photographs and fingerprints shall be
paid by the applicant.
(b)
A statement detailing the license history of the applicant for
the five years immediately preceding the date for the filing of the
application, including whether such applicant previously operated
or is seeking to operate, in this or any other county, municipality,
state, or country any business or has ever had a license, permit or
authorization to do 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, the name of the issuing or denying jurisdiction, and
describe in full the reason for the denial, revocation or suspension.
A copy of any order of denial, revocation or suspension shall be attached
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.
A.
Upon the filing of said application in a fully completed form for
a sexually oriented business license or for a sexually oriented business
employee license, the application shall then be referred to the Zoning
Officer for review and investigation. The Zoning Officer shall utilize
any available resources through the Pennsylvania State Police, the
Commonwealth of Pennsylvania and/or other law enforcement agencies
as may be necessary to complete the review and investigation required
by this chapter. The Zoning Officer shall refer the application to
the Board of Supervisors in accordance with conditional use procedure.
If any of the following exist, the conditional use application will
be denied:
(1)
The applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(2)
The applicant is under the age of 18 years.
(3)
This applicant has been convicted of a "specified criminal activity"
as defined in this chapter.
(4)
The sexually oriented business employee license is to be used for
employment in a business prohibited by local or state law, statute,
rule or regulation or prohibited by a particular provision of this
chapter.
(5)
The applicant has had a sexually oriented business employee license revoked by the Township within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this section shall be subject to appeal as set forth in § 278-9 hereinafter.
(6)
The required application, investigation and license fees have not
been paid.
(7)
An applicant's license to operate a sexually oriented business, issued
by any jurisdiction, has been revoked within the preceding 12 months.
(8)
The proposed sexually 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 the written application of the applicant and a finding by the Township that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license and shall be subject to the payment of the fee as set forth in § 278-5.
C.
The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the expiration date, the
address of the sexually oriented business and the specific classification
of sexually oriented use for which the license is issued. Licenses
for sexually oriented businesses shall state that the sexually oriented
business shall not commence until all necessary zoning, subdivision
and land development, and/or building code approvals and Department
of Labor and Industry approvals are obtained. All licenses shall be
posted in a conspicuous place at or near the entrance to the sexually
oriented business so that they may be easily read by any person at
any time.
E.
A sexually oriented business license shall issue for the specific
classification of sexually oriented use as permitted by this chapter
and applied for.
G.
Any person aggrieved by the grant of a license may appeal, in writing, within 30 days from the date of issuance of the license, to the Supervisors. The Supervisors shall then hold a Local Agency Law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Supervisors may be taken to a court subject to § 278-9 of this chapter.
A.
Every application for a sexually oriented business conditional use
license (whether for a new license or for renewal of an existing license)
shall be accompanied by a nonrefundable application and investigation
fee in an amount set by resolution of the Supervisors.
B.
In addition to the application and investigation fee required above,
every sexually oriented business that is granted a license (new or
renewal) shall pay to the Township an annual nonrefundable license
fee in an amount set by resolution of the Supervisors within 30 days
of license issuance or renewal.
C.
Every application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual nonrefundable application, investigation,
and license fee in an amount set by resolution of the Supervisors.
D.
All license applications and fees shall be submitted to the office
of the Township Secretary/Treasurer, and, thereafter, the applications
shall be forwarded to the Enforcement Officer for review and investigation
and approval or denial.
A.
An applicant or licensee shall permit authorized Township officials
and their agents or consultants to inspect the premises of a sexually
oriented business for the purpose of ensuring compliance with the
law, and this chapter, at any time it is occupied or open for business.
B.
A person who operates a sexually oriented business or his agent or
employee commits a violation of this chapter if he refuses to permit
such lawful inspection of the premises at any time it is occupied
or open for business.
A.
Each license shall expire one year from the date of issuance and
may be renewed only by making application as provided herein. An application
for renewal shall be made at least 30 days before the expiration date,
and, when made less than 30 days before the expiration date, the date
of expiration of the license will not be extended.
B.
When the Township denies renewal of a license, the applicant shall
not be issued a license for one year from the date of denial. If,
subsequent to denial, the Township finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date denial became final.
The Zoning Officer shall suspend a license for a period not
to exceed 30 days if he determines that a licensee or an employee
of a licensee has:
A.
The Zoning Officer shall revoke a license if a cause of suspension in § 278-8 occurs and the license has been suspended within the preceding 12 months.
B.
The Zoning Officer 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 sexually 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; or
(6)
A licensee is delinquent in payment to the Township for any licensing
fees past due.
C.
When the Township revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a sexually oriented
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Township finds that the
basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
D.
All license application, renewal, suspension or revocation decisions
shall be sent in writing to the applicant or licensee. All such decisions
which deny, suspend or revoke a permit shall state specifically the
chapter 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 suspension or revocation of any license, the applicant or
licensee may appeal pursuant to the Local Agency Law to the Supervisors.
The Supervisors will then hold a Local Agency law hearing within 20
days from the date the appeal is filed and will render a written decision
within 10 days from the date such hearing concludes. Any such appeal
must be filed, in writing, with the Township Secretary/Treasurer,
within 10 days from the date of mailing of the decision appealed from.
Failure to file said appeal with the Township Secretary/Treasurer
within 10 days from the date of the mailing of the decision appealed
from shall be deemed a conclusive determination as to the issues or
matters addressed by the written decision. 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 the expiration
of the ten-day appeal period without filing of an appeal; or the date
of decision dismissing any appeal.
E.
Any person aggrieved by a decision of the Supervisors may appeal
to a court of competent jurisdiction. The Township shall, upon filing
of such appeal, consent to any request by a license applicant or licensee
to the court to give expedited review to such appeal. The Township
shall certify any record to the court within 20 days of any request
by the court to do so.
A licensee shall not transfer his/her/its license to another,
nor shall a licensee operate a sexually oriented business under the
authority of a license at any place other than the address designated
in the application.
A.
A person who operates viewing booths or causes them to be operated
shall comply with the following requirements:
(1)
Upon application for a sexually oriented license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations 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 interior of the premises to an accuracy of plus or
minus six inches. The Township 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.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
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 inside the premises.
(4)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the 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 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 from at least
one of the manager's stations. The view required in this subsection
must be by direct line of sight from the manager's station. In addition,
all viewing booths shall have at least one side fully open so that
all of the area inside the booth is open to the view of persons in
the public area of the establishment.
(5)
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(4), above, remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, 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 file pursuant to Subsection A(1), above.
(6)
No viewing room may be occupied by more than one person at a time.
(7)
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 5.0 footcandles
as measured at the floor level.
(8)
It shall be the duty of the licensees to ensure that the illumination
described above is maintained at all times that any patron is present
in the establishment.
(9)
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
(10)
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(11)
The licensee shall, during each business day, regularly inspect
the walls between the viewing booths to determine if any openings
or holes exist.
(12)
The licensee shall cause all floor coverings in viewing booths
to be nonporous, easily cleanable surfaces with no rugs or carpeting.
(13)
The licensee shall cause all wall surfaces and ceiling surfaces
in viewing booths to be constructed of, or permanently covered by,
nonporous, easily cleanable material. No wood, plywood, composition
board or other porous material shall be used within 48 inches of the
floor.
B.
A person having a duty under this section commits a violation of
this chapter if he knowingly fails to fulfill that duty.
A.
A nude model studio shall not employ any person under the age of
18.
B.
A person under the age of 18 years commits a violation of this chapter
if the person appears seminude or in a state of nudity in or 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 open to the public.
A.
It shall be a violation of this chapter for a person to knowingly
and intentionally, in a public place:
B.
This section shall not apply to:
(1)
Any individual exposing a breast in the process of breast feeding
an infant under two years of age.
(2)
The exercise of free speech or free expression in the form of artistic
and theatrical performances. It is the intention of the Township that
this section be construed, endorsed 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 other fundamental rights.
C.
It shall be a violation of this chapter for a person who knowingly
or intentionally in a sexually oriented business appears in a seminude
condition unless the person is an employee who, while seminude, shall
be at least 10 feet from any patron or customer and on a stage at
least two feet from the floor.
D.
It shall be a violation of this chapter for an employee, while seminude,
in a sexually oriented business, to solicit any pay or gratuity from
any patron or customer or for any patron or customer to pay or give
any gratuity to any employee, while said employee is seminude in a
sexually oriented business.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
No sexually oriented business shall be open for business before
10:00 a.m., Monday through Saturday, or after 10:00 p.m., Monday through
Saturday. Sexually oriented businesses shall be closed at all times
on Sundays and legal holidays.
It is a defense to prosecution under 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,
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 which credits are transferable to a college, junior college
or university supported entirely or partly by taxation; and
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.
Any person, firm or corporation who violates or permits the violation
of any provisions of this chapter or the rules and regulations approved
and hereinafter adopted commits a summary offense, and shall, upon
conviction, be sentenced to pay a fine not exceeding $500 or to imprisonment
for not more than 90 days, or both, for each violation. Whenever such
person shall have been officially notified by the Township that he
is committing a violation of this chapter or the rules and regulations
approved and hereinafter adopted, each day that he shall continue
such violation after such notification shall constitute a separate
violation punishable by a like fine.
B.
Any person who violates or permits the violation of this chapter
shall pay, in addition to the fine set forth above, all court costs
and reasonable attorney's fees incurred by the Township in connection
with any summary enforcement proceedings brought to enforce this chapter.
C.
The Township may commence, at any time, appropriate actions in equity
or otherwise to prevent, restrain, correct, enjoin or abate violations
of this chapter.
