[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield 2-24-1999 by Ord. No. 151. Amendments noted where
applicable.]
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.
As used in this chapter, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning.
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."
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.
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.
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.
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."
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.
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.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business;
The conversion of all or part of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business or to a non-sexually oriented
business; or
The relocation of any sexually oriented business.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person; and
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.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and, in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
Any 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.
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:
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
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
Where no more than one nude or seminude model is on the premises
at any one time.
Section 5903, Title 18, Pennsylvania Consolidated Statutes,
as amended.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The state of dress in which clothing nonopaquely covers specified
anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers:
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.
Any of the following offenses:
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;
For which:
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
Less than five years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a felony offense;
or
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any twenty-four-month period.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
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.
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.
The condition of human male or female genitals when in a state
of sexual stimulation or arousal.
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.
Of a sexually oriented business, means and includes any of
the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing:
Films, movies, videos, or visual reproductions of any kind depicting
or describing "specified sexual activities," "nudity" or "specified
anatomical areas"; or
Persons who appear in a state of nudity or seminudity or who
offer performances or presentations characterized by the exposure
of "specified anatomical areas" or by "specified sexual activities."
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.
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).
(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.
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.
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]
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]
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]
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
