[Ord. 168, 7/10/1978, § 1301; as added by Ord. 1997-03, 6/16/1997, § 1]
It is the purpose of this Part to regulate sexually
oriented businesses to promote the health, safety and general welfare
of the citizens of the Township and to establish reasonable and uniform
regulations to prevent the continued deleterious location and concentration
of sexually oriented businesses within the Township. The provisions
of this Part have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is not the intent nor effect
of this Part to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent nor effect of this
Part to condone or legitimize the distribution of obscene material.
[Ord. 168, 7/10/1978, § 1302; as added by Ord. 1997-03, 6/16/1997, § 2]
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin operated or slug operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors
or other image producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of "specified sexual activities" or "specified anatomical
areas."
ADULT BOOKSTORE OR ADULT VIDEO STORE
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:
A.
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassette or
video reproductions, slides or other visual representations which
depict or describe "specified sexual activities" or "specified anatomical
areas."
B.
Instruments, devices or paraphernalia which
are designated for use in connection with "specified sexual activities."
C.
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing "specified sexual activities"
or "specified anatomical areas" and still be categorized as "adult
bookstore" or "adult video store." Such other business purposes will
not serve to exempt such commercial establishment from being categorized
as an "adult bookstore" or "adult video store" so long as one of its
principal business purposes is the offering for sale or rental for
consideration the specified materials which depict or describe "specified
sexual activities" or "specified anatomical areas."
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in the state of nudity.
B.
Live performances which are characterized by
the exposure of "specified anatomical areas" or by "specified sexual
activities."
C.
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of "specified anatomical areas" or by "specified
sexual activities."
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by the description
of "specified anatomical areas" or by "specified sexual activities";
and has a sign visible from the public right-of-way which advertises
the availability of this adult type of photographic reproductions.
B.
Offers sleeping rooms for rent four or more
times in one calendar day during five or more calendar days in any
continuous thirty-day period.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of "specified anatomical areas" or by "specified sexual
activities."
ADULT THEATER
A theater, concert hall auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of "specified anatomical areas" or by "specified sexual activities.
ESCORT
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.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays "specified anatomical areas" or by "specified sexual activities"
is provided to be observed, sketched, drawn, painted, sculptured,
photographed or similarly depicted by other persons who pay money
or any form of consideration.
PERMITTEE AND/OR LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or
tumbling between persons of the opposite sex.
B.
Activities between male and female persons and/or
persons of the same sex when one more of the persons is in a state
of nudity or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Excretory functions as part of or in connection with any of the activities set fourth in Subsections
A through
C above.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business means the increase in floor
areas occupied by the business by more than 25%, as the floor areas
exist on date of enactment of this Part.
TOWNSHIP
Leet Township, Allegheny County, Pennsylvania.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business means and includes any of
the following:
A.
The sale, lease or sublease of the business.
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means.
C.
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for the transfer by bequest or other operation of
law upon the death of the person possessing the ownership or control.
[Ord. 168, 7/10/1978, § 1303; as added by Ord. 1997-03, 6/16/1997, § 3]
1. Sexually oriented businesses are classified as follows:
B. Adult bookstores or adult video stores.
E. Adult motion picture theaters.
I. Sexual encounter centers.
[Ord. 168, 7/10/1978, § 1304; as added by Ord. 1997-03, 6/16/1997, § 4]
1. Any person who operates a sexually oriented business
without a valid permit issued by the Township is guilty of a violation
of this chapter.
2. An application for a permit to operate a sexually
oriented business must be made on a form provided by the Code Enforcement
Officer of the Township. The application must be accompanied by a
sketch or diagram showing the floor plan and plot plan 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 must be drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to any accuracy of plus
or minus six inches.
3. The applicant must be qualified according to the provisions
of this chapter and the premises must be inspected and found to be
in compliance with the law by the Code Enforcement Officer and the
Fire Marshall.
4. If a person who wishes to operate a sexually oriented
business is an individual, he must sign the application for a permit
as applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has 10%
or greater interest in the business must sign the application for
a permit as applicant. If a corporation is listed as owner of a sexually
oriented business or as the entity which wishes to operate such a
business, each individual having a direct or indirect interest of
10% or greater in the corporation must sign the application for a
permit as applicant.
5. The fact that a person possesses other type of Township
permits does not exempt the person from the requirement of obtaining
a sexually oriented business permit.
[Ord. 168, 7/10/1978, § 1305; as added by Ord. 1997-03, 6/16/1997, § 5]
1. The Township Code Enforcement Officer shall approve
the issuance of a permit to an applicant within 30 days after receipt
of an application unless he finds one or more of the following to
be true:
A. An applicant is under 18 years of age.
B. An applicant or an applicant's spouse is overdue in
his payment to the Township of taxes, fees, fines or penalties assessed
against him or imposed upon him in relation to a sexually oriented
business.
C. An applicant has failed to provide information reasonably
necessary for issuance of the permit or has falsely answered a question
or request for information on the application form.
D. An applicant is residing with a person who had been
denied a permit by the Township to operate a sexually oriented business
within the preceding 12 months or residing with a person whose license
to operate a sexually oriented business has been revoked within the
preceding 12 months.
E. The premises to be used for the sexually oriented
business have been reviewed and have been disapproved by either the
Code Enforcement Officer or the Fire Marshall as not being in compliance
with applicable laws and ordinances.
F. The permit fee required by this Part has not been
paid.
G. An applicant of the proposed establishment is in violation
of or is not in compliance with any of the provisions of this Part.
H. An individual applicant or any individual holding
a direct or indirect interest of more than 10% of a corporate applicant,
or any of the officers and directors of a corporate applicant if the
applicant is a corporation; or any of the partners, including limited
partners, if the applicant is a partnership; or the manager or other
person in charge of the operation of the applicant's business, has
or have been convicted of an offense involving sexual misconduct within
the Commonwealth of Pennsylvania, including, but not limited to, prostitution,
obscenity and possession of child pornography, or convicted of any
offense in any jurisdiction other than the Commonwealth of Pennsylvania
that would have constituted an offense involving sexual misconduct
if committed within the Commonwealth of Pennsylvania. In order for
approval to be denied pursuant to this paragraph, the person or persons
convictions or release in connection with the sexual misconduct offense
must have occurred within two years of the date of application in
the event of a misdemeanor and within five years of the date of application
in the event of a felony.
2. The permit, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date and the address of the sexually oriented business. The permit
shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that it may be easily read at any
time.
3. The Code Enforcement Officer and Fire Marshall shall
complete their certification that the premises are in compliance or
not in compliance within 20 days of receipt of the application by
the Code Enforcement Officer. The certification shall be promptly
presented to the Code Enforcement Officer.
[Ord. 168, 7/10/1978, § 1306; as added by Ord. 1997-03, 6/16/1997, § 6; and amended by Ord.
2016-01, 3/14/2016]
The annual fee for a sexually oriented business
permit shall be in an amount as established, from time to time, by
resolution of the Board of Commissioners.
[Ord. 168, 7/10/1978, § 1307; as added by Ord. 1997-03, 6/16/1997, § 7]
1. An applicant or permittee shall permit representatives
of the Police Department, Fire Marshall, Code Enforcement Officer
or other Township departments or agencies to inspect the premises
of a sexually oriented business for the purpose of insuring compliance
with the law at any time that the sexually oriented business is occupied
or open for business.
2. If the Township Code Enforcement Officer denies renewal
of a license, the applicant shall not be issued a permit for one year
from the date of denial, except that after 90 days have elapsed since
the date of denial, the applicant may be granted a permit if the Code
Enforcement Officer finds that the basis for denial of the renewal
permit has been corrected or abated.
[Ord. 168, 7/10/1978, § 1308; as added by Ord. 1997-03, 6/16/1997, § 8]
1. Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in §
27-1205. Application for renewal should be made at least 30 days before the expiration date and, when made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
2. If the Township Code Enforcement Officer denies renewal
of a license, the applicant shall not be issued a permit for one year
from the date of denial, except that after 90 days have elapsed since
the date of denial, the applicant may be granted a permit if the Code
Enforcement Officer finds that the basis for denial of the renewal
permit has been corrected or abated.
[Ord. 168, 7/10/1978, § 1309; as added by Ord. 1997-03, 6/16/1997, § 9]
1. The Code Enforcement Officer shall suspend a permit
for a period not to exceed 30 days if he determines that a permittee
or employee of a permittee has:
A. Violated or is not in compliance with any section
of this Part.
B. Engaged in excessive use of alcoholic beverages while
on the sexually oriented business premises.
C. Refused to allow an inspection of the sexually oriented
business premises as authorized by this chapter.
D. Knowingly permitted gambling by any person on the
sexually oriented business premises.
E. Failed to man manager's stations and/or maintain viewing rooms as set forth in §
27-1213.
[Ord. 168, 7/10/1978, § 1310; as added by Ord. 1997-03, 6/16/1997, § 10]
1. The Code Enforcement Officer shall revoke a permit if a cause of suspension set forth in §
27-1209 occurs and the permit has been suspended within the preceding 12 months.
2. The Code Enforcement Officer shall revoke a permit
if he determines that:
A. A permittee, or any of the persons specified in §
27-1205, Subsection 1H, is or has been convicted of the offenses specified in §
27-1205, Subsection 1H.
B. A permittee gave false or misleading information in
the material submitted to the Township during the application process.
C. A permittee or an employee of a permittee has knowingly
allowed possession, use or sale of controlled substances on the premises.
D. A permittee or an employee of a permittee has knowingly
allowed prostitution on the premises.
E. A permittee or an employee of a permittee knowingly
operated the sexually oriented business during a period of time when
the permittee's permit was suspended.
F. A permittee or an employee of a permittee has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation
or another explicit sexual conduct to occur in or on the permitted
premises.
G. A permittee is delinquent in payment to the Township
or state of any taxes or fees related to sexually oriented businesses.
3. When the Code Enforcement Officer revokes a permit,
the revocation shall continue for one year, and the permittee shall
not be issued a sexually oriented business permit for one year from
the date the revocation became effective, except that if the revocation
is pursuant to Subsection 2A, above, the revocation shall be effective
for two years in the event of a misdemeanor or five years in the case
of a felony.
4. After denial of an application, or denial of a renewal
of an application or suspension or revocation of a permit, the applicant
or licensee or permittee shall have the right to appeal said action
and to seek prompt judicial review of such administrative action in
any court of competent jurisdiction.
[Ord. 168, 7/10/1978, § 1311; as added by Ord. 1997-03, 6/16/1997, § 11]
A permittee shall not transfer his permit to
another person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
[Ord. 168, 7/10/1978, § 1312; as added by Ord. 1997-03, 6/16/1997, § 12]
1. A person is guilty of a violation of this chapter
if he operates or causes to be operated a sexually oriented business
outside of the district in which a sexually oriented business is a
permitted use. No sexually oriented business shall be located outside
a district in which a sexually oriented business is a permitted use.
Sexually oriented businesses as defined herein shall be permitted
as a special exception in the B Residence District.
2. A person is guilty of a violation of this chapter
if he operates or causes to be operated a sexually oriented business
within 1,000 feet of:
A. A public or private pre-elementary, elementary or
secondary school.
C. A child care facility or nursery school.
D. A public park adjacent to any residential district.
3. A person is guilty of a violation of this chapter
if he causes or permits the operation, establishment, substantial
enlargement or transfer of ownership or control of a sexually oriented
business within 5,000 feet of another sexually oriented business.
4. A person is guilty of a violation of this chapter
if he causes or permits the operation, establishment or maintenance
of more than one sexually oriented business in the same building,
structure or portion thereof; or the increase of floor areas of any
sexually oriented business in any building, structure or portion thereof
containing another sexually oriented business.
5. For the purpose of the Part, measurement shall be
made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as a part of the premises where a sexually oriented business
is conducted, to the nearest property line of the premises of a church,
public or private pre-elementary, elementary, or secondary school,
public library, child care facility or nursery school; or to the nearest
boundary of an affected public park.
6. For purposes of Subsection 3, above, the distance
between any two sexually oriented business shall be measured in a
straight line, without regard to intervening structures or objects,
from the closest exterior wall of the structure in which each business
is located.
7. Any sexually oriented business lawfully operating
on date of enactment of this Part that is in violation of Subsections
1 through 6 of this section shall be deemed a nonconforming use. Such
nonconforming uses shall not be increased, enlarged, extended or altered,
except that the use may be changed to a conforming use. In the event
that two or more sexually oriented businesses are within 5,000 feet
of one another and otherwise in a permissible location, the sexually
oriented business which was first established and continually operated
at a particular location is the conforming use and the later established
business is nonconforming.
8. A sexually oriented business lawfully operating as
a conforming use is not rendered a nonconforming use by the location,
subsequent to the grant or renewal of the sexually oriented business
permit, of a church, public or private pre-elementary, elementary
or secondary school, public library, child care facility, nursery
school or public park within 1,000 feet of the sexually oriented business.
This provision applies only to the renewal of a valid permit and does
not apply when an application for a permit is submitted after a permit
has expired or has been revoked.
[Ord. 168, 7/10/1978, § 1313; as added by Ord. 1997-03, 6/16/1997, § 13]
1. A person who operates or causes to be operated a sexually
oriented business, other than an adult motel, which exhibits on the
premises a viewing room of less than 150 square feet of floor space,
a film or video cassette, or other video or other image production
or reproduction which depicts "specified sexual activities" or "specified
anatomical areas," shall comply with the following requirements:
A. The application for a permit to operate a sexually
oriented business shall be accompanied by a floor plan and plot plan
diagram of the premises showing a plan thereof specifying the location
of one or more manager's stations, the location of all viewing rooms,
partitions and doors 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 the interior of the
premises to an accuracy of plus or minus six inches. The Code Enforcement
Officer 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. The application should be sworn to be true and correct
by the applicant.
C. No alteration in the configuration or location of
a manager's station may be made without the prior approval of the
Code Enforcement Officer or his designee.
D. It is the duty of the owners and operators of the
premises to ensure that at least one employee is on duty and situated
in each manager's station at all times that any patron is present
inside the premises.
E. The interior of the premises shall be configured in
such a manner that there is an unobstructed view from a 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 of the manager's stations.
The view required in this paragraph must be by direct line of sight
from the manager's station.
F. It shall be the duty of the owners and operators,
and it shall also be the duty of any agents and employees present
on the premises, to ensure that the view area specified in Subsection
1E of this section, remains unobstructed by any doors, walls, merchandise,
display racks or other materials at all times and 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 1A of this section.
G. No viewing room may be occupied by more than one person
at any time. No connections or openings to an adjoining viewing room
shall be permitted.
H. 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 one
foot-candle as measured at the floor level.
I. It shall be the duty of the owners and operators and
it shall also be the duty of any agents and employees present in the
premises to ensure that the illumination described above is maintained
at all times that any patron is present in the premises.
2. A person having a duty under Subsection 1A through
I, above, is guilty of a violation of this chapter if he knowingly
fails to fulfill that duty.
[Ord. 168, 7/10/1978, § 1314; as added by Ord. 1997-03, 6/16/1997, § 14]
1. It is a defense to prosecution under §§
27-1205 and
27-1212 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.
[Ord. 168, 7/10/1978, § 1315; as added by Ord. 1997-03, 6/16/1997, § 17]
A person who operates or causes to be operated
a sexually oriented business without a valid permit or in violation
of this Part is subject to an action in equity or suit for injunction
as well as citations for violations of this chapter.