Township of Peters, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of Peters Township 5-26-1998 by Ord. No. 556 (Ch. 13, Part 4, of the 1981 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 385.
Zoning — See Ch. 440.
This chapter shall be referred to as the "Sexually Oriented Business Regulation Provisions."
A. 
Purpose.
(1) 
Pursuant to its inherent authority as a home rule municipality to prohibit nuisances, to promote the health, welfare, cleanliness, comfort and safety of the citizens of Peters Township (hereinafter "Township") and to regulate the time of opening and closing and the conduct of places of public entertainment, amusement and recreation, Peters Township 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 citizens, to protect the citizens 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.
(2) 
The Peters Township Council (hereinafter "Council") has determined that licensing is a legitimate and reasonable means of accountability to insure that 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 Council does 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 Council finds that:
(1) 
Sexually oriented businesses have adverse secondary effects which should be regulated to protect the public health, safety and welfare. The secondary effects include, but are not limited to, the spread of communicable diseases, performance of sexual acts in public places, presence of discarded sexually oriented materials on public and private property, sexual harassment, obscenity, prostitution and other illegal sexual activities, crime and neighborhood deterioration.
(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 citizens 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 certain past employees will help reduce the incident of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
(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 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 citizens 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., Monday 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.
As used in this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, 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 distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A. 
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:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices or paraphernalia which are designed for use in connection with specific sexual activities.
B. 
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration other specified materials which depict or describe specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or other commercial establishment which regularly features:
A. 
Persons who appear in a state of nudity; or
B. 
Live performances which are characterized by the exposure of specified anatomical areas; or
C. 
Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified anatomical areas.
ADULT ENTERTAINER
A person who provides entertainment within a sexually oriented establishment, or anyone who performs for a fee, tip or other compensation.
ADULT ENTERTAINMENT
Either or both of the following:
A. 
Any exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
B. 
A live performance, display, or dance of any type which has a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities, or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling, or any other personal services of a sexual nature offered patrons.
ADULT MOTION-PICTURE THEATER
An enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT OPERATOR
A person, partnership or corporation operating, conducting or maintaining a sexually oriented establishment.
ADULT THEATER
A theater, concert hall, auditorium or any building which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
MINOR
Any person under the age of 18.[1]
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
NUDITY (SEMI)
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps and devices.
NUDITY (TOTAL)
The showing of human male or female genitals or pubic area with less than a fully opaque covering.
SEXUAL BOOKS OR PUBLICATIONS
Does not include any of the following:
A. 
Medical publications or films, or bona fide educational publications or films;
B. 
Any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography;
C. 
Any news periodical which reports or describes current events and which from time to time publishes photographs of nude or seminude persons in connection with the dissemination of the news; or
D. 
Any publications or films which describe and report different cultures and which from time to time publish or show photographs or depictions of nude or seminude persons when describing cultures in which nudity is indigenous to the populations.
SEXUALLY ORIENTED ESTABLISHMENT
Includes, without limitation, any business or establishment which offers its patrons services or entertainment characterized by an emphasis on matters depicting, describing or related to "specific sexual activities" (as defined herein) or "specified anatomical areas" (as defined herein), as well as adult arcades, adult bookstores or adult video stores, adult cabarets, adult motion-picture theaters, adult mini motion theaters, adult theaters, sexual encounter center, nude model studios (all of which are defined herein), as well as any premises to which the public, patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purposes of viewing sexually oriented motion pictures, or where an entertainer provides adult entertainment of a sexual nature to a member of the public, a patron or a member. The term also includes studios or premises physically arranged for adult entertainment, whether advertised or represented as an adult entertainment studio, exotic dance studio, modeling studio or any term of the like import. The terms "booths," "cubicles," "rooms," "studios," "compartments" or "stalls" for purposes of defining "sexually oriented establishments" does not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public for the purpose of viewing motion pictures or other entertainment for a fee, and which are not open to any persons other than employees.
SEXUALLY RELATED FACILITIES
A business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
A. 
Less than completely and opaquely covered:
(1) 
Human genitals or pubic region;
(2) 
Buttocks;
(3) 
Female breasts below a point immediately above the top of the areola.
B. 
Human male genitals in a discernible turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
C. 
Acts of human masturbation, sexual intercourse, or sodomy;
D. 
Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts; or
E. 
Excretory functions as part of or in connection with any of the activities set forth herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
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 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 name 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, 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:
(a) 
The sexually 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 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 sketch or diagram showing the configuration of the premises, including a statement of 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) 
A current certificate and straight-line drawing prepared within 30 days prior to 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:
(a) 
Separate applications are required for any necessary zoning permits, subdivision and land development approvals or building and occupancy permits and that the applicant may apply for such permits by contacting the Township Code Enforcement Officer (hereinafter "Enforcement Officer"); and
(b) 
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 of 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 Enforcement Officer for review and investigation. The Enforcement 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. Within 30 days from the date the completed application is filed, the Enforcement Officer shall issue a license, unless it is determined by the Enforcement Officer that one or more of the following findings is true:
(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; or
(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 § 342-10 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, which would be 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 § 342-6.
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.
D. 
Applications for building and occupancy permits shall be processed and either denied or approved within 30 days of a complete application by the Township.
E. 
A sexually oriented business license shall issue for the specific classification of sexually oriented use as permitted by this chapter and applied for.
F. 
A license denial shall conform to the provisions of § 342-10D.
G. 
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Council. The Council 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 Council may be taken to court subject to § 342-10E of this chapter.
A. 
Every application for a sexually oriented business 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 Council.[2]
[2]
Editor's Note: The resolutions and specific fee amounts referenced in Subsections A to C are on file in the Township offices.
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 Council 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 Council.
D. 
All license applications and fees shall be submitted to the office of the Township Manager, and, thereafter, the applications shall be forwarded to the Enforcement Officer for review and investigation and approval or denial.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
An applicant or licensee shall permit authorized Township officials and its agents or consultants to inspect the premises of a sexually oriented business for the purpose of insuring 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 in § 342-4. 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 Enforcement 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. 
Violated or is not in compliance with any provision of this chapter;
B. 
Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; or
C. 
Knowingly permitted gambling by any person on the sexually oriented business premises.
A. 
The Enforcement Officer shall revoke a license if a cause of suspension in § 342-9 occurs and the license has been suspended within the preceding 12 months.
B. 
The Enforcement 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 licensee's 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 Council. The Council 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 Manager within 10 days from the date of mailing of the decision appealed from. Failure to file said appeal with the Township Manager 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:
(1) 
The expiration of the ten-day appeal period without filing of an appeal; or
(2) 
The date of a decision dismissing any appeal.
E. 
Any person aggrieved by a decision of the Council 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 have 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 filed 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 five 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 premises.
(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 Subsection A(1) through (13), above, 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 years.
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:
(1) 
Engage in sexual intercourse or to engage in deviate sexual intercourse as defined by the Pennsylvania Crimes Code; or
(2) 
Appear in a state of nudity as that term is herein defined; or
(3) 
Fondle the genitals of himself, herself or another person.
B. 
This section shall not apply to:
(1) 
Any child under 10 years of age; or
(2) 
Any individual exposing a breast in the process of breast feeding an infant under two years of age.
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 § 342-14 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 in 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; and
(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.
Any person, firm or corporation who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).