[Ord. 950, 4/14/1999,
§ 1; as amended by Ord. 995, 12/10/2003]
1.
Purpose.
A.
Pursuant to the authority granted in the Borough Code to prohibit
nuisances; to promote the health, welfare, cleanliness, comfort and
safety of the citizens of the Borough of Aspinwall; and to regulate
the time of opening and closing, and the conduct of places of public
entertainment, amusement and recreation, the Borough of Aspinwall
enacts this Part to minimize and control the adverse secondary effects
of an adult 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.
B.
The Borough Council has determined that licensing is a legitimate
and reasonable means of accountability to insure that operators of
adult 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.
C.
The Borough Council does not intend this Part to suppress any speech
activities protected by the First Amendment, but to enact a content
neutral ordinance which addresses the secondary effects of adult oriented
businesses.
2.
Legislative Findings. The Borough Council finds:
A.
Adult 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 adult oriented materials on public and private property,
sexual harassment, obscenity, prostitution and other illegal sexual
activities, crime and neighborhood deterioration.
B.
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the adult oriented businesses. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see that the adult oriented business, fully in possession and control
of the premises and activities occurring therein.
C.
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.
D.
Requiring licensees of adult 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.
E.
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operations and maintenance of the adult
oriented businesses will help limit and control the adverse secondary
effects of such businesses.
F.
It is desirable in the prevention of the spread of communicable disease
to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this Part is designed to prevent
or who are likely to be witnesses to such activity.
G.
The fact that an applicant for a adult oriented business license
has been convicted of a adult related crime leads to the rational
assumption that the applicant is likely to engage in that conduct
in contravention of this Part.
H.
The barring of such individuals from the management of adult oriented
businesses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of adult transmitted diseases.
I.
The general welfare, health and safety of the citizens of the Borough
will be promoted by the enactment of this Part.
J.
Limitation of operating hours of adult 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 adult offensive materials and activities
in public areas, and further promotes the public health, safety and
welfare.
[Ord. 950, 4/14/1999,
§ 2; as amended by Ord. 995, 12/10/2003]
As used in this Part 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 "specific sexual
activities" or "specified anatomical areas."
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides,
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 semi-nudity.
Live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
Films, motion pictures, video cassettes, 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, vide cassettes, 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."
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion picture theater, adult theater,
escort agency, nude model studio, sexual encounter center, tattoo
parlor, or body-piercing establishment.
A theater, concert hall, dance hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or semi-nudity or live performances which are
characterized by the exposure of "specified anatomical areas" or by
"specified sexual activities."
A commercial establishment which, as one of its principal
business purposes, offers body piercing services. "Body piercing services"
shall refer to the process of breaching the skin or mucus membrane
of a human for the purpose of inserting an object therein or there
through including, but not limited to, jewelry for cosmetic purposes.
This definition shall not apply to ear piercing.
A person who performs any service on the premises of a adult
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 adult oriented business as
a new business.
The conversion of an existing business, whether or not a adult
oriented business, to any adult oriented business.
The addition of any adult oriented business to any other existing
adult oriented business or to a non-adult oriented business.
The relocation of any adult 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.
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 adult 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 adult oriented business.
Any place where a person who appears semi-nude, 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 no sign visible from the exterior of the structure and
no other advertising that indicates a nude or semi-nude 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 semi-nude 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 non-opaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
Defined the same as "adult oriented business." See "adult
oriented business."
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:
A commercial establishment which, as one of its principal
business purposes, offers tattooing services. "Tattooing services"
shall refer to the method of placing designs, letters, scrolls, figures,
symbols, graphics or any other marks upon or under the skin of a human
with ink or any other substance, resulting in the coloration of the
skin by the aid of needles or any other instrument designed to touch
or puncture the skin. This definition shall not apply to medical doctors
or doctors of veterinary medicine in performance of their professional
duties.
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 of control.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing: (1) films, movies,
videos, or visual reproductions of any kind depicting or describing
"specified sexual activities" or "specified anatomical areas"; or
(2) 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."
[Ord. 950, 4/14/1999,
§ 3; as amended by Ord. 995, 12/10/2003]
1.
It is unlawful:
A.
For any person to operate a adult oriented business without a valid
adult oriented business license issued by the Borough pursuant to
this Part.
B.
For any person who operates a adult oriented business to employ a
person to work for the adult oriented business who is not licensed
as a adult oriented business employee by the Borough pursuant to this
Part.
C.
For any person to obtain employment with a adult oriented business
without having secured a adult oriented business employee license
pursuant to this Part.
D.
Beginning on the sixtieth day after enactment of this Part for any
person to continue to operate any adult oriented business in operation
at the time of enactment of this Part without a valid adult oriented
business license pursuant to this Part.
E.
Beginning on the sixtieth day after enactment of this Part for any
person who operates a adult oriented business in operation at the
time of enactment of this Part to employ a person to work for the
adult oriented business who is not licensed as a adult oriented business
employee by the Borough pursuant to this Part.
F.
Beginning on the sixtieth day after enactment of this Part for any
person to obtain employment with a adult oriented business in operation
at the time of enactment of this Part without having secured a adult
oriented business employee license pursuant to this Part.
2.
An application for a license must be made on a form provided by the
Borough.
3.
All applicants must be qualified according to the provisions of this
Part. The application may request and the applicant shall provide
such information (including fingerprints) as to enable the Borough
to determine whether the applicant meets the qualifications established
in this Part.
4.
If a person who wishes to operate a adult 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 adult 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
an applicant. Each applicant must be qualified under the following
section and each applicant shall be considered a licensee if a license
is granted.
5.
The completed application for a adult oriented business license shall
contain the following information and shall be accompanied by the
following documents:
A.
If the applicant is:
(1)
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.
(2)
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.
(3)
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.
B.
If the applicant intends to operate the adult oriented business under
a name other than that of the applicant, he or she must state: (1)
the adult oriented business' fictitious name; and (2) submit the required
registration documents.
C.
Whether the applicant, or a person residing with the applicant, has
been convicted of a specified criminal activity as defined in this
Part and, if so, the specified criminal activity involved and the
date, place and jurisdiction of each.
D.
Whether the applicant, or a person residing with the applicant, has
had a previous license under this Part or other similar adult oriented
business ordinance from another municipality, state or county denied,
suspended or revoked, including the name and location of the adult
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 whose license has
previously been denied, suspended or revoked, including the name and
location of the adult oriented business for which the license was
denied, suspended or revoked as well as the date of denial, suspension
or revocation.
E.
Whether the applicant, or a person residing with the applicant, holds
any other licenses under this Part or other similar adult oriented
business ordinance from another municipality, state or county and,
if so, the names and locations of such other licensed businesses.
F.
The specific classification of adult oriented use for which the applicant
is filing along with a detailed description of each and every activity
encompassed by the proposed adult oriented business, which description
shall thoroughly demonstrate compliance and/or intended compliance
with all provisions of this Part.
G.
The location of the proposed adult oriented business, including a
legal description of the property, street address, and telephone number(s),
if any.
H.
The applicant's mailing address and residential address.
I.
A recent (within six months) photograph of the applicant(s).
J.
The applicant's drivel's permit number, Social Security number, and
his/her state or federally issued tax identification number.
K.
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.
L.
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.
M.
If an applicant wishes to operate a adult oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 13-811 of this Part and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
N.
The application form shall inform the applicant that: (1) 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 Borough
Zoning Officer or Building Official and (2) that Department of Labor
and Industry approval is required.
6.
Before any applicant may be issued a adult oriented business employee
license, the applicant shall submit on a form to be provided by the
Borough 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.
7.
Attached to the application form for a adult 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.
C.
A statement whether the applicant has been convicted of a specified
criminal activity as defined in this Part and, if so, the specified
criminal activity involved and the date, place and jurisdiction of
each.
[Ord. 950, 4/14/1999,
§ 4; as amended by Ord. 995, 12/10/2003]
1.
Upon the filing of said application in a fully completed form for
a adult oriented business license or for a adult oriented business
employee license, the application shall then be referred to the Borough
Zoning Officer for review and investigation. The Borough 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. Within 30 days from the date the completed
application is filed, the Borough Zoning Officer shall issue a license
unless it is determined by the Borough Zoning Officer that one or
more of the following findings is true:
A.
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.
B.
The applicant is under the age of 18 years.
C.
The applicant has been convicted of a "specified criminal activity"
as defined in this Part.
D.
The adult 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.
E.
The applicant has had a adult oriented business employee license revoked by the Borough within two years of the date of the current application. If the adult 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 § 13-809.
F.
The required application, investigation and license fees have not
been paid.
G.
An applicant's license to operate a adult oriented business, issued
by any jurisdiction, has been revoked within the preceding 12 months.
H.
The proposed adult oriented business is in violation of or is not
in compliance with any of the provisions of this Part.
2.
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 Borough that the applicant has not been convicted of any specified criminal activity as defined in this part 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 § 13-805 of this Part.
3.
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 adult oriented business and the specific classification
of adult oriented use for which the license is issued. Licenses for
adult oriented businesses shall state that the adult 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 adult oriented
business so that they may be easily read at any time.
4.
Applications for building and occupancy permits shall be processed
and either denied or approved within 30 days of a complete application
to the Borough.
5.
A adult oriented business license shall issue for the specific classification
of adult oriented use as permitted by ordinance and applied for.
7.
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 Borough Council. The Borough Council shall then hold a local agency law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Borough Council may be taken to court subject to § 13-809, Subsection 5, of this Part.
[Ord. 950, 4/14/1999,
§ 5; as amended by Ord. 995, 12/10/2003]
1.
Every application for a adult oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a non-refundable application and investigation fee
in an amount set by resolution of the Borough Council.
2.
In addition to the application and investigation fee required above,
every adult oriented business that is granted a license (new or renewal)
shall pay to the Borough an annual non-refundable license fee in an
amount set by resolution of the Borough Council within 30 days of
the license issuance or renewal.
3.
Every application for a adult oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual non-refundable application, investigation
and license fee in an amount set by resolution of the Borough Council.
4.
All license applications and fees shall be submitted to the office
of the Borough Secretary/Treasurer, and, thereafter, the applications
shall be forwarded to the Borough Zoning Officer for review and investigation
and approval or denial.
[Ord. 950, 4/14/1999,
§ 6; as amended by Ord. 995, 12/10/2003]
1.
An applicant or license shall permit authorized Borough officials
and their agents or consultants to inspect the premises of a adult
oriented business for the purpose of insuring compliance with this
Part and all other applicable law at any time it is occupied or open
for business.
2.
A person who operates a adult oriented business, including his/her
agent or employee, commits a violation of this Part if he/she refuses
to permit such lawful inspection of the premises at any time it is
occupied or open for business.
[Ord. 950, 4/14/1999,
§ 7]
1.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 13-803. 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.
2.
When the Borough 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 Borough 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.
[Ord. 950, 4/14/1999,
§ 8; as amended by Ord. 995, 12/10/2003]
1.
The Borough 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:
[Ord. 950, 4/14/1999,
§ 9; as amended by Ord. 995, 12/10/2003]
1.
The Borough Zoning Officer shall revoke a license if a cause of suspension in § 13-808 of this Part occurs and the license has been suspended within the preceding 12 months.
2.
The Borough Zoning Officer shall revoke a license if he determines
that:
A.
A licensee gave false or misleading information in the material submitted
during the application process.
B.
A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises.
C.
A licensee has knowingly allowed prostitution on the premises.
D.
A licensee knowingly operated the adult oriented business during
a period of time when the licensee's license was suspended.
E.
A licensee has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sex act to occur in or on
the license premises.
F.
A licensee is delinquent in payment to the Borough for any licensing
fees past due.
3.
When the Borough revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a adult oriented
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Borough 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.
4.
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 Borough
Council. The Borough Council will then hold a Local Agency Law hearing
within 20 days from the date the appeal is filed and will render a
written decision within 10 days from the date such hearing concludes.
Any such appeal must be filed, in writing, with the Borough Secretary/Treasurer
within 10 days from the date of mailing of the decision appealed from.
Failure to file said appeal with the Borough Secretary/Treasurer 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: (1) the
expiration of the ten-day appeal period without filing of an appeal;
or (2) the date of a decision dismissing any appeal.
5.
Any person aggrieved by a decision of the Borough Council may appeal
to a court of competent jurisdiction. The Borough 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 Borough
shall certify any record to the court within 20 days of any request
by the court to do so.
[Ord. 950, 4/14/1999,
§ 10; as amended by Ord. 995, 12/10/2003]
A licensee shall not transfer his/her license to another, nor
shall a licensee operate a adult oriented business under the authority
of a license at any place other than the address designated in the
application.
[Ord. 950, 4/14/1999,
§ 11; as amended by Ord. 995, 12/10/2003]
1.
A person who operates viewing booths or causes them to be operated
shall comply with the following requirements:
A.
Upon application for a adult oriented license, the application shall
be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations and the
location of all overhead lighting fixtures and designating any portion
of the premises in which patrons will not be permitted. A manager's
station may not exceed 32 square feet of floor area. The diagram shall
also designate the place at which the permit will be conspicuously
posted, if granted. A professionally prepared diagram in the nature
of an engineer's or architect's blueprint shall not be required; however,
each diagram should be oriented to the north or to some designated
street or object and should be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimensions
of all areas of interior of the premises to an accuracy of plus or
minus six inches. The Borough 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 shall be sworn to be true and correct by the applicant.
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 each manager's
station at all times that any patron is present inside the premises.
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 rest rooms. 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.
E.
It shall be the duty of the licensee to ensure that the view area specified in Subsection 1D 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 1A above.
F.
No viewing room may be occupied by more than one person at a 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 5.0 foot candle
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, regularly inspect the
walls between the viewing booths to determine if any openings or holes
exist.
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.
[Ord. 950, 4/14/1999,
§ 12]
[Ord. 950, 4/14/1999,
§ 13]
1.
A nude model studio shall not employ any person under the age of
eighteen 18 years.
2.
A person under the age of 18 years commits a violation of this Part
if the person appears semi-nude 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.
3.
A person commits a violation of this Part 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.
4.
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.
[Ord. 950, 4/14/1999,
§ 14; as amended by Ord. 995, 12/10/2003]
1.
It shall be a violation of this Part for a person to knowingly and
intentionally in a public place:
2.
For purposes of this Part, "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:
A.
Any child under 10 years of age.
B.
Any individual exposing a breast in the process of breast feeding
an infant under two years of age.
C.
The exercise of free speech or free expression in the form of artistic
and theatrical performances. It is the intention of the Borough 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.
3.
It shall be a violation of this Part for a person to knowingly or
intentionally in a adult oriented business appear in a semi-nude condition
unless the person is an employee who, while semi-nude, is at least
10 feet from any patron or customer and on a stage at least two feet
from the floor.
4.
It shall be a violation of this Part for an employee, while semi-nude
in a adult 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 semi-nude in a adult
oriented business.
[Ord. 950, 4/14/1999;
as added by Ord. 995, 12/10/2003]
1.
A person who operates a tattoo parlor and/or body piercing establishment
or causes them to be operated shall comply with the following requirements:
A.
The room in which tattooing services and/or body piercing services
are performed shall have a minimum floor area of 100 square feet.
B.
The rooms in which tattooing services and/or body piercing services
are performed shall comply with the following requirements:
(1)
The walls, floors and ceilings shall have an impervious, smooth,
washable surface and shall be painted or finished in a light color.
Carpeting is prohibited in such a room.
(2)
Single-use towels shall be provided in approved dispensers.
(3)
Easily cleanable and approved covered waste containers shall
be provided in each room.
(5)
Partitioned from waiting customers and/or observers by a permanent
non-transparent partition at least five feet in height.
C.
Any operator or employee performing the tattooing services and/or
body piercing services shall:
(1)
Scrub his/her hands thoroughly with soap and hot water before
commencing any tattooing or body piercing service, and dry the hands
with individual, single-use towels.
(2)
Wear sterile surgical gloves while performing any tattooing
or body piercing service. These gloves shall only be used once on
a single customer/client and then disposed of in a manner prescribed
by the Allegheny County Health Department.
D.
While tattooing, a single-service blade razor shall only be used
once on a single customer/client and then disposed of in container
and manner prescribed by the Allegheny County Health Department.
E.
The area to be tattooed or body pierced shall first be thoroughly
scrubbed with an antiseptic soap for a minimum of two minutes, and
an approved sterilizing preparation used.
F.
Any and all waste materials shall be deposited in an easily cleanable,
covered waste container, and all waste materials shall be disposed
of in a manner prescribed by the Allegheny County Health Department.
G.
An antibiotic ointment that the customer/client is not allergic to
shall be applied to the area to be tattooed and/or body pierced using
sterile gauze.
H.
The use of styptic pencils, alum blocks and/or other solid styptics
to check or stem the flow of blood is prohibited.
I.
The operator shall provide literature on Hepatitis B and C, HIV,
and other health hazards to all customers and clients. This literature
shall be approved by the Allegheny County Health Department. Prior
to performing tattooing and/or body piercing services on a customer
or client, the operator shall obtain a written and acknowledgment,
signed by each such customer or client, which acknowledges that the
customer and client has received and read the literature referenced
above. The operator shall retain each written acknowledgment as proof
of compliance with this subsection.
J.
Single-service or individual containers of dye, ink or needles shall
be used for each separate customer or client, and shall be discarded
immediately after completing work on such customer or client by being
placed and disposed of in a container and manner prescribed by the
Allegheny County Health Department. Excess dye or ink shall be removed
from the skin with an individual, sterile sponge or a disposable paper
tissue, which shall be used on one person and then immediately discarded
in a container and manner prescribed by the Allegheny County Health
Department. After completing work on a customer or client, the tattooed
or body pierced area shall be washed with sterile gauze that is saturated
with an antiseptic solution approved by the Allegheny County Health
Department.
K.
No tattoo parlor may attempt to remove a tattoo from any person or
allow such a procedure to take place on its premises.
L.
No operator or employee shall tattoo or body pierce a person under
the age of 18 years, or permit such tattooing or body piercing to
occur, without first obtaining a written parental authorization. All
parental authorizations shall be maintained on file at the establishment
and be available for inspection for a period of seven years after
the customer or client has reached the age of 18 years. A copy of
the written parental authorization shall be provided to the parent
of the minor by the operator. Proof of age shall be required of all
customers and clients.
M.
Animals shall not be permitted in the establishment, except as specifically
permitted by state law.
N.
All clean and ready-to-use needles and instruments shall be kept
in a locked, closed glass or metal case or storage cabinet while not
in use. The key to such case or cabinet shall be secured by the operator
at all times.
O.
No person, customer or client having any skin infection or other
disease of the skin or any communicable disease shall be tattooed
or body pierced. All infections resulting from the tattooing and/or
body piercing services known to the operator and/or an employee shall
be immediately reported to the Allegheny County Health Department
by the operator.
P.
A fully operational restroom with a toilet shall be located in the
establishment and shall be accessible at all times that the tattoo
parlor and/or body piercing establishment is open for business. The
restroom shall also be supplied with hot and cold running water, soap
and single-use towels provided in approved dispensers. The walls,
floors and ceilings of the restroom shall have an impervious, smooth,
washable surface. Carpeting is prohibited in the restroom.
Q.
The entire establishment shall be maintained in a clean and sanitary
condition and in good repair.
[Ord. 950, 4/14/1999,
§ 15; as amended by Ord. 995, 12/10/2003]
A person commits a violation of this Part if the person knowingly
allows a person under the age of 18 years to be on the premises of
a adult oriented business.
[Ord. 950, 4/14/1999,
§ 16; as amended by Ord. 995, 12/10/2003]
No adult oriented business shall be open for business before
10:00 a.m., Monday through Saturday, or after 10:00 p.m., Monday through
Saturday. Adult oriented businesses shall be closed at all times on
Sundays and legal state or federal holidays.
[Ord. 950, 4/14/1999,
§ 17]
1.
It is a defense to prosecution under § 13-814 of this Part 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. 950, 4/14/1999,
§ 18; as amended by Ord. 995, 12/10/2003]
1.
Any person, firm or corporation who violates a provision of this
Part, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $300 nor more than $1,000 for each violation, plus
costs, and in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
