[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.]
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.
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 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,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specific sexual activities.
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.
A nightclub, bar, restaurant or other commercial establishment
which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified anatomical areas.
A person who provides entertainment within a sexually oriented
establishment, or anyone who performs for a fee, tip or other compensation.
Either or both of the following:
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.
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.
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.
A person, partnership or corporation operating, conducting
or maintaining a sexually oriented establishment.
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.
Any person under the age of 18.[1]
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.
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.
The showing of human male or female genitals or pubic area
with less than a fully opaque covering.
Does not include any of the following:
Medical publications or films, or bona fide educational publications
or films;
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;
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
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.
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.
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."
Any of the following:
Human genitals in a state of sexual stimulation or arousal;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Acts of human masturbation, sexual intercourse, or sodomy;
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts; or
Excretory functions as part of or in connection with any of
the activities set forth herein.
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.
(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.
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]
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.
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.
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:
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.
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:
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.
