[Adopted 11-21-2002 by Ord. No. 02-11]
A.
Purpose.
(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 Jackson Township,
and to regulate the time of opening and closing and the conduct of
places of public entertainment, amusement and recreation, Jackson
Township enacts this Part 2 to minimize and control the adverse secondary
effects of sexually oriented businesses 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 ensure that operators of
sexually oriented businesses comply with reasonable regulations and
to ensure 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 Part 2 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.
B.
Legislative findings. The Board of Supervisors finds:
(1)
Sexually oriented businesses have adverse secondary effects which
should be regulated to protect the public health, safety and welfare.
These secondary effects include, but are not limited to the spread
of communicable diseases, performance of sexual acts in public places,
presence of discarded sexually oriented materials on public and private
property, sexual harassment, obscenity, prostitution and other illegal
sexual activities, crime and neighborhood deterioration.
(2)
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the sexually oriented businesses. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see that the sexually oriented business is run in a manner consistent
with the health, safety and welfare of its patrons and employees,
as well as the citizens of the Township. It is appropriate to require
reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of
the premises and activities occurring therein.
(3)
Removal of doors on viewing booths and requiring sufficient lighting
on premises with viewing booths advances a substantial governmental
interest in discouraging the illegal and unsanitary sexual activity
occurring in adult theaters.
(4)
Requiring licensees of sexually oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incident of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
(5)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operations and maintenance of the sexually
oriented businesses will help limit and control the adverse secondary
effects of such businesses.
(6)
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 Part 2 is designed to prevent
or who are likely to be witnesses to such activity.
(7)
The fact that an applicant for a sexually oriented business license
has been convicted of a sexually related crime leads to the rational
assumption that the applicant is likely to engage in that conduct
in contravention of this Part 2.
(8)
The barring of such individuals from the management of sexually oriented
businesses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
(9)
The general welfare, health and safety of the citizens of the Township
will be promoted by the enactment of this Part 2.
(10)
Limitation of operating hours of sexually oriented businesses
to 10:00 a.m. to 10:00 p.m., Mondays through Saturdays, and closure
of such businesses on Sundays and holidays reduces the adverse secondary
effects of such businesses, including particularly but not limited
to late night noise levels, crime and sexually offensive materials
and activities in public areas, and further promotes the public health,
safety and welfare.
As used in this Part 2, the following words and phrases shall
have the meanings indicated, unless the context clearly indicates
a different meaning:
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, any
electronically, electrically, or mechanically controlled still or
motion-picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained, not located within
viewing booths, to show images to five or fewer persons per machine
at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
CD-ROM discs or other computer software, or other visual representations,
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
A nightclub, bar, restaurant, or other commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
Films, motion pictures, videocassettes, slides or other photographic
reproductions or visual presentations of any other kind which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A theater, concert hall, dance hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or seminudity or live performances which are
characterized by the exposure of specified anatomical areas or by
specified sexual activities.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "Employee"
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment 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, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The addition of any sexually oriented business to any other
existing sexually oriented business or to a non-sexually oriented
business.
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,
or both, of:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person.
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the licensee
or person made a reasonable bona fide attempt to ascertain the true
age of such minor.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
Any place where a person who appears seminude, in a state
of nudity, or who displays specified anatomical areas is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. "Nude model studio" shall not include a proprietary
school licensed by the State of Pennsylvania or a college, junior
college or university supported entirely or in part by public taxation;
a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or 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.
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class.
Where no more than one nude or seminude model is on the premises
at any one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The state of dress in which clothing partially or nonopaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
Any of the following offenses: prostitution or promotion of
prostitution; dissemination of obscenity; sale, distribution or display
of harmful material to a minor; sexual performance by a child; possession
or distribution of child pornography; public lewdness; indecent exposure;
indecency with a child; engaging in organized criminal activity; sexual
assault; molestation of a child; gambling; or distribution of a controlled
substance; or any offenses similar to those described above under
the criminal or penal code 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.
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement imposed for the
last conviction, whichever is the later date, if the convictions are
of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
Any of the following:
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.
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfers 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 or specified anatomical
areas; or
Persons who appear in a state of nudity or seminudity or who
offer performances or presentations characterized by the exposure
of specified anatomical areas or by specified sexual activities.
A.
It is unlawful:
(1)
For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the Township pursuant
to this Part 2.
(2)
For any person who operates a sexually oriented business to employ
a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the Township pursuant
to this Part 2.
(3)
For any person to obtain employment with a sexually oriented business
without having secured a sexually oriented business employee license
pursuant to this Part 2.
(4)
Beginning on the 60th day after enactment of this Part 2, for any
person to continue to operate any sexually oriented business in operation
at the time of enactment of this Part 2 without a valid sexually oriented
business license pursuant to this Part 2.
(5)
Beginning on the 60th day after enactment of this Part 2, for any
person who operates a sexually oriented business in operation at the
time of enactment of this Part 2 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 Part 2.
(6)
Beginning on the 60th day after enactment of this Part 2, for any
person to obtain employment with a sexually oriented business in operation
at the time of enactment of this Part 2 without having secured a sexually
oriented business employee license pursuant to this Part 2.
B.
An application for a license must be made on a form provided by the
Township.
C.
All applicants must be qualified according to the provisions of this
Part 2. 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 Part 2.
D.
If a person who wishes to operate a sexually oriented business is
an individual, the person must sign the application for a license
as an applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has a twenty-percent
or greater interest in the business must sign the application for
a license as an applicant. Each applicant must be qualified under
the following section, and each applicant shall be considered a licensee
if a license is granted.
E.
The completed application for a sexually oriented business license
shall contain the following information and shall be accompanied by
the following documents:
(1)
If the applicant is:
(a)
An individual, the individual shall state his/her legal name
and any aliases and submit proof that he/she is at least 18 years
of age.
(b)
A partnership, the partnership shall state its complete name,
the name of all partners, whether the partnership is general or limited,
and provide a copy of the partnership agreement, if any.
(c)
A corporation, the corporation shall state its complete name,
the date of its incorporation, evidence that the corporation is in
good standing under the laws of its state of incorporation and qualified
and authorized to conduct business in Pennsylvania, the names and
capacity of all officers, directors and principal stockholders, and
the name of the registered corporate agent and the address of the
registered office for service of process.
(2)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he or she must state
the sexually oriented business fictitious name and submit the required
registration documents.
(3)
Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this Part 2 and, if so, the specified criminal activity involved and the date, place and jurisdiction of each.
(4)
Whether the applicant, or a person residing with the applicant, has
had a previous license under this Part 2 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 license was denied, suspended
or revoked, as well as the date of the denial, suspension or revocation,
and whether the applicant or a person residing with the applicant
has been a partner in a partnership or an officer, director or principal
stockholder of a corporation that is licensed under this Part 2 whose
license has previously been denied, suspended or revoked, including
the name and location of the sexually oriented business for which
the license 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 Part 2 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 business,
which description shall thoroughly demonstrate compliance and/or intended
compliance with all provisions of this Part 2.
(7)
The location of the proposed sexually oriented business, including
a legal description of the property, street address, and telephone
number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent (within six months) photograph of the applicant(s).
(10)
The applicant's driver's permit number, social security
number, and his/her state or federally issued tax identification number.
(11)
A sketch or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the business.
The sketch or diagram need not be professionally prepared, but it
must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
(12)
A current certificate and straight-line drawing prepared within
30 days prior to application by a registered land surveyor depicting
the property lines, the survey 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 § 13-211 of this Part 2 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(14)
The application form shall inform the applicant that separate
applications are required for any necessary zoning permits, subdivision
and land development approvals or building and occupancy permits,
and that the applicant may apply for such permits by contacting the
Township Zoning Officer or Building Official, and that Department
of Labor and Industry approval is required.
(15)
Before any applicant may be issued a sexually oriented business
employee license, the applicant shall submit on a form to be provided
by the Township the following information:
(a)
The applicant's name and any other names (including stage
names) or aliases used by the individual.
(b)
Age, date and place of birth.
(c)
Height, weight, hair and eye color.
(d)
Present residence address and telephone number.
(e)
Present business address and telephone number.
(f)
Date, issuing state and number of driver's license or other
identification card information.
(g)
Social security number.
(h)
Proof that the individual is at least 18 years of age.
(16)
Attached to the application form for a sexually oriented business
employee license as provided above shall be the following:
(a)
A recent color photograph (within six months) of the applicant
clearly showing the applicant's face and the applicant's
fingerprints on a form provided by any Police Department. Any fees
for the photographs and fingerprints shall be paid by the applicant.
(b)
A statement detailing the business history of the applicant
for the five years immediately preceding the date of the filing of
the application, including whether such applicant previously operated
or is seeking to operate, in this or any other county, municipality,
state or country, any business or has ever had a license, permit,
or authorization to do business denied, revoked or suspended, or had
any professional or vocational license or permit denied, revoked,
or suspended. In the event of any such denial, revocation, or suspension,
state the name of the business, 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.
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 Part 2. Within 30 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 on the application form.
(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 Part 2.
(4)
The sexually oriented business employee license is to be used for
employment in a business prohibited by local or state law, statute,
rule or regulations, or prohibited by a particular provision of this
Part 2.
(5)
The applicant has had a sexually oriented business employee license revoked by the Township within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 13-209.
(6)
The required application, investigation and license fees have not
been paid.
(7)
An applicant's license to operate a sexually oriented business,
issued by any jurisdiction, has been revoked within the preceding
12 months.
(8)
The proposed sexually oriented business is in violation of or is
not in compliance with any of the provisions of this Part 2.
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 Part 2 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 § 13-205 of this Part 2.
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.
Applications for building and occupancy permits shall be processed
and either denied or approved within 30 days of a complete application
to the Township.
E.
A sexually oriented business license shall issue for the specific
classification of sexually oriented use as permitted by ordinance
and applied for.
G.
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Township Board of Supervisors. The Township Board of Supervisors shall then hold a Local Agency Law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Township Board of Supervisors may be taken to court subject to § 13-209E of this Part 2.
A.
Every application for a sexually oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee in
an amount set by resolution of the Township Board of Supervisors.
B.
In addition to the application and investigation fee required above,
every sexually oriented business that is granted a license (new or
renewal) shall pay to the Township an annual nonrefundable license
fee in an amount set by resolution of the Township Board of Supervisors
within 30 days of the license issuance or renewal.
C.
Every application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual nonrefundable application, investigation
and license fee in an amount set by resolution of the Township Board
of Supervisors.
D.
All license applications and fees shall be submitted to the office
of the Township Manager, and, thereafter, the applications shall be
forwarded to the Township Zoning Officer for review and investigation
and approval or denial.
A.
An applicant or licensee shall permit authorized Township officials
and their agents or consultants to inspect the premises of a sexually
oriented business for the purpose of insuring compliance with this
Part 2 and all other applicable laws at any time it is occupied or
open for business.
B.
A person who operates a sexually oriented business, including his/her
agent or employee, commits a violation of this Part 2 if he/she refuses
to permit such lawful inspection of the premises at any time it is
occupied or open for business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 13-203. Application for renewal shall be made at least 30 days before the expiration date. When application for renewal is made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
B.
When the Township denies renewal of a license, the applicant shall
not be issued a license for one year from the date of denial. If,
subsequent to denial, the Township finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date denial became final.
The Township Zoning Officer shall suspend a license for a period
not to exceed 30 days if he determines that a licensee or an employee
of a licensee has:
B.
The Township Zoning Officer shall revoke a license if he determines
that:
(1)
A licensee gave false or misleading information in the material submitted
during the application process.
(2)
A licensee has knowingly allowed possession, use or sale of controlled
substances on the premises.
(3)
A licensee has knowingly allowed prostitution on the premises.
(4)
A licensee knowingly operated the sexually oriented business during
a period of time when the licensee's license was suspended.
(5)
A licensee has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sex act to occur in or on
the licensed premises.
(6)
A licensee is delinquent in payment to the Township for any licensing
fees past due.
C.
When the Township revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a sexually oriented
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Township finds that the
basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
D.
All license application, renewal, suspension or revocation decisions
shall be sent in writing to the applicant or licensee. All such decisions
which deny, suspend or revoke a permit shall state specifically the
ordinance requirement not met and any other basis for the decision.
After denial of an application, or denial of a renewal of an application,
or after suspension or revocation of any license, the applicant or
licensee may appeal pursuant to the Local Agency Law to the Township
Board of Supervisors. The Township Board of Supervisors will then
hold a Local Agency Law hearing within 20 days from the date the appeal
is filed and will render a written decision within 10 days from the
date such hearing concludes. Any such appeal must be filed, in writing,
with the Township Manager within 10 days from the date of mailing
of the decision appealed from. Failure to file said appeal with the
Township Manager within 10 days from the date of the mailing of the
decision appealed from shall be deemed a conclusive determination
as to the issues or matters addressed by the written decision. In
the case of a denial of a license renewal, or in the case of a license
suspension or revocation, the licensee may continue to operate to
the same extent as immediately prior to the suspension or revocation
until the earlier of the expiration of the ten-day appeal period without
filing of an appeal; or the date of a decision dismissing any appeal.
E.
Any person aggrieved by a decision of the Township Board of Supervisors
may appeal to a court of competent jurisdiction. The Township shall,
upon filing of such appeal, consent to any request by a license applicant
or licensee to the court to give expedited review to such appeal.
The Township shall certify any record to the court within 20 days
of any request by the court to do so.
A licensee shall not transfer his/her license to another, nor
shall a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
A.
A person who operates viewing booths or causes them to be operated
shall comply with the following requirements:
(1)
Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises, showing a plan
thereof, specifying the location of one or more manager's stations
and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons will not be permitted.
A manager's station may not exceed 32 square feet of floor area.
The diagram shall also designate the place at which the permit will
be conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of interior of the premises
to an accuracy of plus or minus six inches. The Township may waive
the foregoing diagram for renewal applications if the applicant adopts
a diagram that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
It is the duty of the licensee of the premises to ensure that at
least one licensed employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
(4)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the manager's station
of every area of the premises to which any patron is permitted access
for any purpose, excluding restrooms. Restrooms may not contain video
reproduction or other display equipment. If the premises has two or
more manager's stations designated, then the interior of the
premises shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted
access for any purpose from at least one of the manager's stations.
The view required in this subsection must be by direct line of sight
from the manager's station. In addition, all viewing booths shall
have at least one side fully open so that all of the area inside the
booth is open to the view of persons in the public area of the establishment.
(5)
It shall be the duty of the licensee to ensure that the view area specified in Subsection A(4) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) above.
(6)
No viewing room may be occupied by more than one person at a time.
(7)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than 5.0 footcandle
as measured at the floor level.
(8)
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.
(9)
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
(10)
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(11)
The licensee shall, during each business day, regularly inspect
the walls between the viewing booths to determine if any openings
or holes exist.
(12)
The licensee shall cause all floor coverings in viewing booths
to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13)
The licensee shall cause all wall surfaces and ceiling surfaces
in viewing booths to be constructed of, or permanently covered by,
nonporous, easily cleanable material. No wood, plywood, composition
board or other porous material shall be used within 48 inches of the
floor.
A.
A nude model studio shall not employ any person under the age of
18 years.
B.
A person under the age of 18 years commits a violation of this Part 2 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 Part 2 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 any public right-of-way.
D.
A nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
A.
It shall be a violation of this Part 2 for a person to knowingly
and intentionally in a public place:
B.
For purposes of this Part 2, "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.
(2)
Any individual exposing a breast in the process of breastfeeding
an infant under two years of age.
(3)
The exercise of free speech or free expression in the form of artistic
and theatrical performances. It is the intention of the Township that
this section be construed, 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.
C.
It shall be a violation of this Part 2 for a person to knowingly
or intentionally in a sexually oriented business appear in a seminude
condition unless the person is an employee who, while seminude, is
at least 10 feet from any patron or customer and on a stage at least
two feet from the floor.
D.
It shall be a violation of this Part 2 for an employee, while seminude
in a sexually oriented business, to solicit any pay or gratuity from
any patron or customer or for any patron or customer to pay or offer
gratuity to any employee while said employee is seminude in a sexually
oriented business.
A person commits a violation of this Part 2 if the person knowingly
allows a person under the age of 18 years to be on the premises of
a sexually oriented business.
No sexually oriented business shall be open for business before
10:00 a.m., Monday through Saturday, or after 10:00 p.m., Monday through
Saturday. Sexually oriented businesses shall be closed at all times
on Sundays and legal state or federal holidays.
It is a defense to prosecution under § 13-214 of this Part 2 that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school licensed by the Commonwealth of Pennsylvania
or a college, junior college or university supported entirely or partly
by taxation.
B.
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation.
C.
In a structure:
(1)
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing.
(2)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class.
(3)
Where no more than one nude model is on the premises at any one time.
A.
Any person, firm or corporation who violates or permits the violation
of any provisions of this Part 2 or the rules and regulations approved
and hereinafter adopted shall pay a fine of not less than $100 nor
more than $1,000 for each violation. Whenever such person shall have
been officially notified by the Township that he is committing a violation
of this Part 2 or the rules and regulations approved and hereinafter
adopted, each day that he shall continue such violation after such
notification shall constitute a separate violation punishable by a
like fine. Any person who violates or permits the violation of this
Part 2 shall pay, in addition to the fine set forth above, all court
costs and reasonable attorneys' fees incurred by the Township
in connection with any civil enforcement proceedings brought to enforce
this Part 2.
B.
The Township may commence civil enforcement proceedings to assess
fines for violations of this Part 2. In addition to such civil enforcement
proceedings, the Township may commence, at any time, appropriate actions
in equity or otherwise to prevent, restrain, correct, enjoin or abate
violations of this Part 2.
