Township of Fallowfield, PA Chapter 124 Adult Entertainment

[HISTORY: Adopted by the Board of Supervisors of the Township of Fallowfield 2-24-1999 by Ord. No. 151. Amendments noted where applicable.]

GENERAL REFERENCES

Subdivision and land development — See Ch. 350.

Zoning — See Ch. 400.

Adult-oriented uses — See Ch. 400, § 400-54A.

§ 124-1 Legislative authority; purpose; findings.

A. Purposes.

(1) Pursuant to the authority granted in the Second Class Township Code[1] to prohibit nuisances, to promote the health, welfare, cleanliness, comfort and safety of the citizens of Fallowfield Township, to regulate buildings and to regulate the time of opening and closing, and the conduct of places of public entertainment, amusement and recreation, the Township of Fallowfield enacts this chapter to minimize and control the adverse secondary effects of sexually oriented business and thereby protect the health, safety and welfare of its citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of blight.

[1] Editor's Note: See 53 P.S. § 65101 et seq.

(2) The Board of Supervisors 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 Board of Supervisors does not intend this chapter to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the secondary effects of sexually oriented businesses. It is not the intent of the Board in enacting this legislation to deny any person rights of speech protected by the Constitution of the United States or the Constitution of Pennsylvania, or both, nor is it the intent of the Board to impose by this chapter any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books and other materials. Further, by enacting this legislation, the Board does not intend to deny or restrict the rights of any adult to obtain or view, or both, any sexually oriented materials or conduct protected by the Constitution of the United States or the Constitution of Pennsylvania, or both, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of sexually oriented materials may have to sell, distribute or exhibit these materials. Likewise, it is not the intent of the Board by enacting this chapter to permit or authorize any activity or conduct which is illegal under the laws of the Commonwealth of Pennsylvania or the United States of America.

B. Legislative findings. The Board of Supervisors finds:

(1) Statistics and studies performed in a substantial number of communities in this commonwealth and in the United States indicate that sexually oriented businesses have adverse secondary effects, including those specified and recognized at 68 Pa.C.S.A. § 5501(a), which secondary effects should be regulated to protect the public 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 and private property, sexual harassment, obscenity, prostitution and other illegal sexual activities, crime and neighborhood deterioration.

(2) Sexually oriented businesses have adverse secondary effects, which secondary effects should be regulated to protect the public health, safety and welfare.

(3) 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.

(4) Removal of doors on viewing booths and requiring sufficient lighting on premises with viewing booths advances a substantial governmental interest in discouraging the illegal and unsanitary sexual activity occurring in adult establishments.

(5) Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

(6) 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 business.

(7) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.

(8) The fact that an applicant for a sexually oriented business license or an employee thereof 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.

(9) The barring of such individuals from the management of sexually oriented business for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases and other conduct in contravention of this chapter.

(10) The general welfare, health and safety of the citizens of the Township will be promoted by the enactment of this chapter.

(11) Limitation of operating hours of sexually oriented businesses to 9:00 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.

(12) The reasonable regulation and supervision of such sexually oriented businesses tends to discourage sexual acts and prostitution and thereby promote the health, safety and welfare of the patrons, clients and customers of these businesses.

(13) The continued unregulated operation of such sexually oriented businesses is and would be detrimental to the general health, safety and welfare of the citizens of Fallowfield Township.

§ 124-2 Definitions.

As used in this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning.

ADULT BOOKSTORE

Any establishment, which trades in or offers for sale, rental or other use, books, magazines, video cassettes, movies, periodicals, media, computer software or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," "nudity" or sexual conduct as defined herein, or, if not so defined, then as defined in the Pennsylvania Obscenity Code,[1] or instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

ADULT CABARET

A cabaret, tavern, restaurant, theater, club or other establishment which features strippers, male or female impersonators, performers, employees, owners, members or contractors who exhibit, display, or engage in "nudity," "specified sexual activities" or sexual conduct, as defined herein, or, if not so defined, then as defined in the Pennsylvania Obscenity Code.

ADULT ENTERTAINMENT

Entertainment, services, performance or exhibition consisting of the use or depiction of "nudity," "specified sexual activities," sexual conduct, as defined herein, or, if not so defined, then as defined in the Pennsylvania Obscenity Code,[2] or of dancing, posing, displaying, acting, or other presentation or use of persons or the human body or parts thereof, which are distinguished or characterized by emphasis on use of the human body or parts thereof in a manner intended to or resulting in arousal of sexual excitation or sexual titillation or a prurient interest or intended to or resulting in producing lustful emotions.

ADULT MINI MOTION-PICTURE THEATER

An enclosed building offering visual presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities," "nudity" or sexual conduct, as defined herein, or, if not so defined, then as defined in the Pennsylvania Obscenity Code, or shows rated "X" by the Motion Picture Coding Association of America or so called "adult films" depicting "specified sexual activities," sexual conduct or "nudity," as defined herein, or, if not so defined, then as defined in the Pennsylvania Obscenity Code,[3] for observation by patrons within private viewing booths and/or by use of token- or coin-operated projectors, video machines or other apparatus.

ADULT THEATER

Any establishment, indoor or outdoor, which exhibits a motion-picture show or other presentation which is distinguished or characterized by an emphasis on sexual conduct, "nudity," "specified sexual activities," as defined herein, or, if not so defined, as defined in the Pennsylvania Obscenity Code or shows rated "X" by the Motion Picture Coding Association of America or similar entity, or so called "adult films" depicting sexual conduct, "specified sexual activities" or "nudity," other than an "adult mini motion-picture theater."

EMPLOYEE

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, lessee, lessee of a dance floor, 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 an independent contractor exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide, sexual partner or date for another person, or who agrees or offers to privately model lingerie, to privately perform a striptease, to privately perform specified sexual activities and/or to privately appear nude or seminude for another person or persons.

ESCORT AGENCY

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.

ESTABLISHMENT

Includes any of the following:

A. The opening or commencement of any sexually oriented business;

B. The conversion of all or part of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

C. The addition of any sexually oriented business to any other existing sexually oriented business or to a non-sexually oriented business; or

D. The relocation of any sexually oriented business.

KNOWINGLY

Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

A. The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or person; and

B. If applicable, 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.

LICENSEE

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.

MASSAGE ESTABLISHMENT

Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist, licensed by the state. This definition does not include an athletic club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

NUDE MODEL STUDIO

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 another person. "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 educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation: provided any such activities occur in a structure:

A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and

B. Where in order to participate in a class a student must enroll at least three days in advance of the class; and

C. Where no more than one nude or seminude model is on the premises at any one time.

OBSCENITY CODE, PENNSYLVANIA

Section 5903, Title 18, Pennsylvania Consolidated Statutes, as amended.

PERSON

An individual, proprietorship, partnership, corporation, association, or other legal entity.

SEMINUDE or IN A SEMINUDE CONDITION

The state of dress in which clothing nonopaquely covers specified anatomical areas.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its principal business purposes, offers:

A. For any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.

SEXUALLY ORIENTED BUSINESS

An "adult bookstore," "adult cabaret," "adult mini motion-picture theater," "adult theater," "escort agency," "nude model studio," "sexual encounter center" or other place which offers or provides "adult entertainment," or which, under the Pennsylvania Obscenity Code,[4] must exclude minors or may not knowingly disseminate to minors. In the event that an activity or business which might fall under a category other than sexually oriented business is combined with and/or includes activities which constitute an "adult bookstore," "adult cabaret," "adult mini motion-picture theater," "adult theater," "escort agency," "nude model studio," "sexual encounter center," "massage establishment" or "adult entertainment" as defined herein, then such activity or business shall constitute a sexually oriented business and shall be governed by those provisions in this chapter applicable to a sexually oriented business in addition to those provisions applicable to any other category. In the event of conflict, the more stringent provisions shall govern.

SPECIFIED CRIMINAL ACTIVITY

Any of the following offenses:

A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of material harmful 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 offenses similar to those described above under the criminal or penal code of the Commonwealth of Pennsylvania or of other states or countries;

B. For which:

(1) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

(2) Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or

(3) 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.

C. 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.

SPECIFIED SEXUAL ACTIVITIES

A. Acts of masturbation, homosexuality, sexual intercourse, ultimate sexual acts, whether normal or perverted, actual or simulated, and excretory functions, sodomy or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such a person be a female, breasts.

B. Representations, descriptions or ultimate sexual acts, normal or perverted, actual or simulated, and representations or descriptions of masturbation, excretory functions, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast.

C. The condition of human male or female genitals when in a state of sexual stimulation or arousal.

D. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

TRANSFER OF OWNERSHIP OR CONTROL

Of a sexually oriented business, means and includes any of the following:

A. The sale, lease, or sublease of the business;

B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

C. 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.

VIEWING BOOTHS

Booths, stalls, partitioned portions of a room, rooms or other enclosures which are available for viewing:

A. Films, movies, videos, or visual reproductions of any kind depicting or describing "specified sexual activities," "nudity" or "specified anatomical areas"; or

B. 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."

[1] Editor's Note: See 18 Pa.C.S.A. § 5903.

[2] Editor's Note: see 18 Pa.C.S.A. § 5903.

[3] Editor's Note: See 18 Pa.C.S.A. § 5903.

[4] Editor's Note: See 18 Pa.C.S.A. § 5903.

§ 124-3 License required.

It is unlawful:

A. For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the Township pursuant to this chapter;

B. 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;

C. For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter;

D. Beginning on the 60th day after enactment of this chapter for any person to continue to operate any sexually oriented business in operation at the time of enactment of this chapter without a valid sexually oriented business license pursuant to this chapter;

E. Beginning on the 60th day after enactment of this chapter for any person who operates a sexually oriented business in operation at the time of enactment of this chapter 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;

F. Beginning on the 60th day after enactment of this chapter for any person to obtain or continue employment with a sexually oriented business in operation at the time of enactment of this chapter without having secured a sexually oriented business employee license pursuant to this chapter.

§ 124-4 Application for license.

A. An application for a license must be made on a form provided by the Township. For purposes of this chapter, the responsibility for conducting any investigation, receiving and processing any application is the Township Zoning Officer or such other persons or entities as designated by the Township Board of Supervisors, and their designees or delegates.

B. 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.

C. 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. If no such person exists, then the chief operating officer(s) of such applicant must sign the application. Each applicant must be qualified under this chapter to receive a license for a license to be issued, and each applicant shall be considered a licensee if a license is granted.

D. 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 written proof that he/she is at least 18 years of age; such proof must be such as would be accepted by the Commonwealth of Pennsylvania or the United States government so as to prove qualification for benefits available from such government.

(b) A partnership, the partnership shall state its complete name, and the name of all partners, whether the partnership is general or limited, business address and a copy of the partnership agreement, if any, and for each partner provide the information required below at Subsection D(3), (4), (5), (8), (9) and (10).

(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 all owners of more than 20% of the corporation stock, and the name of the registered corporate agent and the address of the registered office for service of process and provide for each officer, director and owner of 20% or more of the corporate stock the information required below at Subsection D(3), (4), (5), (8), (9) and (10).

(d) Any entity other than a partnership or corporation, the entity shall provide its name and submit the information required below at Subsection D(3), (4), (5), (8), (9) and (10) for each person exercising control over the entity.

(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 copies of 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 or current license under this chapter or other similar sexually oriented business ordinance 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 owner, officer, director or principal stockholder of a corporation or other business entity which has had a previous or current license under this chapter or other similar sexually oriented business ordinance 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 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 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 use, 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, and the full name of all owners of such real property including their full street address.

(8) The applicant's mailing address and residential address.

(9) A recent photograph of the applicant(s).

(10) The applicant's driver's permit or license 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 one year prior to application by a registered land surveyor depicting the real estate property lines of the property to be certified.

(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 § 124-7 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:

(a) That 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 Zoning Officer; and

(b) That Department of Labor and Industry approval is required.

(15) An infectious control plan to protect employees and the public from bodily fluids or infectious contamination. A copy of the plan shall be attached to the application and shall be OSHA (Occupational Safety and Health Act) compliant.

(16) Details to all financing arrangements for establishment and operation of the establishment, including but not limited to names and addresses of all lenders.

(17) Satisfactory proof through a dye test or other diagnostic test that any public sewer service, on-lot sewage or septic system is free of any malfunction and operating in compliance with the requirements of the Township Sewage Enforcement Officer (SEO). The Township SEO shall be present during any such testing.

E. 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:

(1) The applicant's name and any other name (including "stage" names) or aliases used by the individual;

(2) Age, date and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number;

(5) Present business address and telephone number;

(6) Date, issuing state and number of driver's license or other identification card information if they have no driver's license;

(7) Social security number; and

(8) Proof that the individual is at least 18 years of age.

F. Attached to the application form for a sexually oriented business employee license, as provided above, shall be the following:

(1) 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.

(2) A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including but not limited to 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 used, 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.

(3) 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.

§ 124-5 Issuance of license.

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 Township Zoning Officer for review and investigation. The Township 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 submission of an application under this chapter shall constitute the applicant's consent to such investigation. Within 45 days from the date the completed application is filed, the Township Zoning Officer shall issue a license, unless it is determined by the Township Zoning 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;

(2) The applicant is under the age of 18 years;

(3) The applicant has been convicted of a "specified criminal activity" as defined in this chapter;

(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local, state or federal 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 any jurisdiction within two years of the date of the current application. If the sexually oriented business employee license is denied, any temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in this chapter;

(6) The required application, investigation and/or 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 this chapter.

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 at any time.

D. A sexually oriented business license shall issue for the specific classification of sexually oriented use as permitted by ordinance and applied for.

E. Any person aggrieved by the denial of a license may appeal, in writing, within 10 days from the date of denial of the license, to the Township Board of Supervisors in accordance with the procedures set forth in this chapter.

§ 124-6 Fees.

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 the amount of $700, or such amount as is set by resolution of the Board of Supervisors.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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 the amount of $200, or such amount as is set by resolution of the Board of Supervisors, upon approval and prior to issuance or renewal.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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 and investigation fee in the amount of $500, or such amount as is set by resolution of the Board of Supervisors.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. In addition to the application and investigation fee required above, every sexually oriented business employee that is granted a license (new or renewal) shall pay to the Township an annual nonrefundable license fee in the amount of $100, or such amount as is set by resolution of the Board of Supervisors, upon approval and prior to issuance.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. 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 Township Zoning Officer for review and investigation and approval or denial.

§ 124-7 Viewing booths.

A person who operates viewing booths, causes them to be operated or proposes to operate such booths shall comply with the following requirements:

A. 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 the 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 interior areas 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.

B. All applications shall be sworn to be true and correct by the applicant, subject to the penalty of perjury.

C. It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in at least one manager's station at all times that any patron is present inside the premises, so that there is an unobstructed view of the interior of the premises to which any patron is permitted from such occupied manager's station, excluding restrooms.

D. 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 or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one occupied manager station. The view required in this subsection and in the previous 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 and the manager station as required herein.

E. It shall be the duty of the licensee to ensure that the view area specified in Subsections C and D 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 this chapter.

F. No viewing room or booth may be occupied by more than one person at any time.

G. 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.

H. It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

I. No licensee shall allow openings of any kind to exist between viewing rooms or booths.

J. No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

K. The licensee shall, during each business day, have the viewing booths regularly inspected to determine if any openings or holes or infectious bodily fluids exist. At least one such inspection every three hours will be deemed sufficient.

L. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

M. 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.

N. The licensee shall cause each viewing area and/or dance area to be inspected regularly for violations of this chapter. At least one such inspection every three hours will be deemed sufficient, unless more than one show or exhibition is presented during one day, in which event the area shall be inspected during each intermission and after each show in addition, with such additional inspections as are required to ensure at least one inspection every three hours. Each violation shall be corrected immediately. Any infectious/bodily fluids found shall be properly handled as per OSHA and infectious control plans.

O. The licensee shall brief all employees as to the approved infectious control plan and OSHA regulations before and during employment at intervals of at least six months and upon granting employment.

§ 124-8 Inspection.

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 insuring compliance with the law at any time it is occupied or open for business.

B. A person who operates a sexually oriented business or his or her agent or employee commits a violation of this chapter if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

C. Authorized Township officials shall obtain a search warrant to gain access for an inspection if such access is denied.

§ 124-9 Expiration of license.

A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. 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; however, if, subsequent to denial, the Township finds that the basis for denial of the renewal of the license has been corrected or abated, including but not limited to submission of an untimely application, the applicant may be granted a license if at least 60 days have elapsed since the date denial became final.

§ 124-10 Suspension.

The Township Zoning Officer shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee or agent 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.

§ 124-11 Revocations; appeals of denials, suspensions or revocations.

A. The Township Zoning Officer shall revoke a license if a cause of suspension occurs and the license has been suspended within the preceding 12 months.

B. The Township Zoning Officer shall revoke a license if he determines that:

(1) A licensee gave false or misleading information 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 or solicitation for the same on the premises;

(4) A licensee knowingly operated the sexually oriented business or served as an employee of such a business when they were required to be so licensed during a period of time when it or they were not so licensed;

(5) A licensee has knowingly allowed or engaged in any act of sexual intercourse, sodomy, oral copulation, masturbation, or other specified sexual activities to occur in, on or about the licensed premises; or

(6) A licensee has failed to develop and follow an infectious control plan to protect employees and the public;

(7) A licensee has failed to pay to the Township any licensing fees required by this chapter.

C. When the Township revokes a license, the revocation shall continue for one year for revocation of a sexually oriented business license and for two years for sexually oriented business employee licenses, and the licensee shall not be issued a license under this chapter for such time period from the date the revocation became effective; however, 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 180 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 license shall state the ordinance requirement not met and any other basis for the decision. After denial of an application, or denial of a renewal of a license, or after suspension or revocation of any license, the applicant or licensee may appeal to the Township Board of Supervisors. Any such appeal must be filed, in writing, with the Township Secretary, within 10 days from the date of the mailing, personal delivery or posting of the decision appealed from. Failure or refusal to file said appeal with the Township Secretary shall be deemed a conclusive determination as to the issues or matters addressed by the written decision. The Township Board of Supervisors will hold a hearing within 20 days from the date the appeal is filed and will render a written decision within 20 days from the date such hearing concludes. On 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 alleged action causing 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 a decision by the Board of Supervisors dismissing or denying any appeal.

E. Any person aggrieved by a decision of the Township Board of Supervisors may appeal to a court of competent jurisdiction in accordance with law.

§ 124-12 Transfer of license. [1]

A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business or serve as a licensed employee under the authority of a license at any place other than the address designated in the application. A licensee of a sexually oriented business may transfer the license to another location, provided all provisions of this chapter are met and he/she pays a transfer and investigation fee of $300 to the Township, or such amount as is set by resolution of the Board of Supervisors, and provides a completed application for the new location. A person holding a sexually oriented business employee license may change the designated location of employment under such license to another licensed sexually oriented business, provided all provisions of this chapter are met and he/she pays a transfer fee of $50 to the Township, or such amount as is set by resolution of the Board of Supervisors.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 124-13 Additional regulations for escort agencies.

A. An escort agency shall not employ or permit any person under the age of 18 years to serve as escorts.

B. A person commits a violation of this chapter if a person acts as an escort or agrees to act as an escort for another while under the age of 18 years or acts as an escort or agrees to act as an escort for any person under the age of 18 years.

§ 124-14 Additional regulations for nude model studios.

A. A nude model studio shall not employ any person under the age of 18 years to serve as a nude model or to permit a person under the age of 18 years to view nudity or seminudity.

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 exterior of the licensed premises.

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.

§ 124-15 Additional regulations concerning public nudity.

A. It shall be a violation of this chapter for a person to knowingly and intentionally, in a public place:

(1) Engage in specified sexual activities; or

(2) Appear in a state of nudity or seminudity; or

(3) Expose specified anatomical areas.

B. For the purposes of this chapter, "public place" includes 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. 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; or

(3) The exercise of constitutionally protected free speech or free expression, provided a license required by this chapter has been issued for such activity. It is the intention of the Township that this section be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights while protecting the public health, safety and welfare and ensuring compliance with the provisions of this chapter.

C. It shall be a violation of this chapter for a person who knowingly or intentionally in a sexually oriented business appears in a nude or seminude condition unless the person is an employee who, while nude or seminude, shall be at least 10 feet from any patron or customer and on a stage at least two feet from the floor.

§ 124-16 Prohibition against children in 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.

§ 124-17 Hours of operation.

No sexually oriented business shall be open for business before 9:00 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 recognized by the Township of Fallowfield.

§ 124-18 Exemptions.

It is a defense to prosecution under this chapter that a person appearing in a state of nudity or seminudity 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; or

B. By a private school, college, junior college or university which maintains and operates educational programs in which credits are transferable to a school, 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 such class, a student must enroll at least three days in advance of the class; and

(3) Where no more than one nude or seminude model is on the premises at any one time.

§ 124-19 Violations and penalties. [1]

A. Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.

B. In addition to any other remedy available under law, the Township may enforce this chapter by an action in equity through the court having jurisdiction thereof.

C. All fines and penalties collected for violation of this chapter shall be paid to the Township Treasurer or as otherwise provided by law.

D. The initial determination of chapter violation and the service of notices under this chapter are hereby delegated to the Township Zoning Officer and/or such other person or entity designated by motion of the Board of Supervisors and its designees or delegates.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).