[Ord. 2009-19, 7/13/2009, § 1]
1.
Purpose. Pursuant to the authority granted in the
Second Class Township Code of the Commonwealth of Pennsylvania to
prohibit nuisances; to promote the health, safety and welfare of the
citizens of East Nottingham Township (the "Township"); and to regulate
places of public entertainment, amusement and recreation, East Nottingham
Township enacts this Part to minimize and control the adverse effects
of adult entertainment businesses (defined below) and thereby protect
the health, safety and welfare of its citizens; protect the citizens'
property values and character of surrounding neighborhoods; and deter
the spread of blight.
2.
Findings: The Board of Supervisors finds:
A.
Adult entertainment businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
B.
A reasonable licensing procedure is an appropriate
mechanism to effect reasonable regulation of the owners and the operators
of adult entertainment businesses. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see that the adult entertainment 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 (defined below) is the actual
operator of an adult entertainment business, fully in possession and
control of the premises and activities occurring therein.
C.
Requiring licensees of adult entertainment businesses
to keep information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in adult entertainment businesses.
D.
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance
of the adult entertainment business, where such information is substantially
related to the significant governmental interest in the operation
of such uses, will aid in preventing the spread of sexually transmitted
diseases.
E.
It is desirable in the prevention of the spread of
sexually transmitted diseases 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.
F.
The fact that an applicant for an adult entertainment
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.
G.
The barring of such individuals from the management
of adult uses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
H.
The general health, safety and welfare of the citizens
of the Township will be promoted by the enactment of this Part.
[Ord. 2009-19, 7/13/2009, § 2]
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this Part to have
the meanings herein indicated:
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video or laser disc players,
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.
A commercial establishment which, as one of its principal
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, 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.
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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,
adult novelty or adult video store. Such other business purposes will
not serve to exempt such commercial establishments from being categorized
as an adult bookstore, adult novelty store or adult video store so
long as one of its business purposes is the offering for sale or rental
for consideration the specified materials which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
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A nightclub, bar, restaurant or similar 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 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, massage parlor, nude model studio and sexual encounter
center.
Any of the following:
The opening or commencement of any adult entertainment
business as a new business.
The conversion of an existing business, whether
or not an adult entertainment business, to any adult entertainment
business.
The addition of any adult entertainment business
to any other existing adult entertainment business.
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 sexual activities or specified anatomical
areas.
A theater, concert 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 person who performs any service on the premises of an adult
entertainment business on a full-time or contracted 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 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.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
or both:
The character and content of any material or
performance described herein which is reasonably susceptible of examination
by a licensee or persons.
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 an adult entertainment
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 an adult entertainment business.
An establishment in which personal massages are offered to
customers or clients but excluding any establishment or use therein
which would be prohibited by the Pennsylvania Crimes Code, 18 Pa.C.S.A.
§ 101 et seq.
Any place where a person who appears semi-nude, in a state
of nudity or who displays specified anatomical areas and is 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
Commonwealth of Pennsylvania or an establishment within an educational
use as defined in this Part.
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 discernible turgid state.
Includes a firm, company, corporation, partnership, proprietorship,
trust, organization, association or any other legal entity, as well
as an individual. Person shall include the partners of such partnership,
the officers of such organization, association, or corporation, the
trustees of such trust and all individuals of which such legal entity
is comprised.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
A business or commercial adult entertainment business Enterprise
that, as one of its principal business purposes, offers for any form
of consideration:
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 discernible 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 similar offenses 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 for 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
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 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:
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, masturbation, or sodomy.
Excretory functions as part of or in connection
with any of the activities set forth in subparagraph (1) and (2) above.
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on date of licensing.
Any of the following:
The sale, lease or sublease of the adult entertainment
business.
The transfer of securities which constitute
a controlling interest in the adult entertainment 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
adult entertainment business.
[Ord. 2009-19, 7/13/2009, § 3]
1.
It is unlawful:
A.
For any person to operate an adult entertainment business
without a valid adult entertainment business license issued by the
Township pursuant to this Part.
B.
For any person who operates an adult entertainment
business to employ a person to work for the adult entertainment business
who is not licensed as an adult entertainment business employee by
the Township pursuant to this Part.
C.
For any person to obtain employment with an adult
entertainment business without having secured an adult entertainment
business employee license pursuant to this Part.
2.
Applications for a license must provide all of the
information required by this Part.
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 Township to determine whether the applicant meets the qualifications
established in this Part.
4.
If a person who wishes to operate an adult entertainment
business is an individual, the person must sign the application for
a license as applicant. If a person who wishes to operate an adult
entertainment business is other than an individual, each individual
who has a 20% or greater interest in the business must sign the application
for a license as applicant. 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 an adult entertainment
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, and the names of all partners, whether the partnership
is general or limited, and 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 address of the
registered office for service of process.
B.
If the applicant intends to operate the adult entertainment
business under a name other than that of the applicant, he or she
must state (1) the adult entertainment business's 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, 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 entertainment business ordinance from another municipality or
county denied, suspended or revoked, including the name and location
of the adult entertainment business for which the permit was denied,
suspended or revoked, as well as the date of the denial, suspension
or revocation, and whether the applicant or a person residing with
the applicant has been a partner in a partnership or an 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 entertainment business
for which the permit 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 entertainment business ordinance from another municipality or
county and, if so, the names and locations of such other licensed
businesses.
F.
The specific classification of adult entertainment
business license for which the applicant is filing.
G.
The location of the proposed adult entertainment 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 photograph of the applicant(s).
J.
The applicant's driver's license number, Social Security
number, and/or 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 certification and straight-line drawing
prepared within 30 days prior to application by a registered land
surveyor depicting the property lines, the property to be certified;
and:
(1)
Any of the following located within 500 feet
of the property to be certified:
(a)
A church, synagogue, mosque, temple or building
which is used primarily for religious activities.
(b)
A public or private educational facility including,
but not limited to, child day care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges, and universities; school includes the school grounds,
but does not include the facilities used primarily for another purpose
and only incidentally as a school.
(c)
A licensed premises, licensed pursuant to the
alcoholic beverage control regulations of the Commonwealth of Pennsylvania.
(d)
Any other adult entertainment use.
(2)
Or within 500 feet of a boundary of a property
used for residential purposes.
(3)
Or within 500 feet of a public park or recreational
area which has been designated for park or recreational activities,
including but not limited to park, playground, nature trails, swimming
pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas, or other similar public land within the Township
which is under the control, operation, or management of the Township
park and recreation authorities.
M.
If an applicant wishes to operate an adult entertainment business, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall also comply with the application requirements set forth in § 13-311 below.
6.
Before any applicant may be issued an adult entertainment
business employee license, the applicant shall submit on a form to
be provided by the Township, the following information:
A.
The applicant's name or any other name (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 for an adult entertainment
business employee license as provided above shall be the following:
A.
A color photograph of the applicant clearly showing
the applicant's face and the applicant's fingerprints on a form provided
by any police department. Any fees for the photographs and fingerprints
shall be paid by the applicant.
B.
A statement detailing the license 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, 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, the date, place, and jurisdiction
of each.
8.
Any and all adult entertainment businesses in operation
within the Township, as of the effective date of this Part, must apply
for the required licenses, and pay any applicable license fees under
this Part within six months of the effective date of said ordinance
and, furthermore, must come into full compliance with this Part within
one year of the effective date of this Part.
[Ord. 2009-19, 7/13/2009, § 4]
1.
Upon the filing of said application in a fully completed
form for an adult entertainment business employee license, the Township
shall issue a temporary license to said applicant. The application
shall then be referred to the appropriate Township official and/or
consultant for an investigation to be made on such information as
is contained on the application. The application process shall be
completed within 30 days from the date the completed application is
filed. After the investigation, the Township shall issue a license,
unless it is determined by a preponderance of the evidence 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 or a person which whom the applicant
is residing has been convicted of a specified criminal activity as
defined in this Part.
D.
The adult entertainment business employee license
is to be used for employment in a business prohibited by local or
state law, statute, rule or regulation, or prohibited by a particular
provision of this Part.
E.
The applicant or a person with whom the applicant
is residing has had an adult entertainment business employee license
revoked by the Township within two years of the date of the current
application.
F.
An applicant or a person with whom the applicant is
residing is overdue in payment to the Township of taxes, fees, fines,
or penalties assessed against or imposed upon him/her in relation
to any business.
G.
The premises to be used for the adult entertainment
business has not been approved by the Fire Marshal and the Building
Official as being in compliance with applicable laws and ordinances.
H.
The license fee required by this Part has not been
paid.
I.
An applicant of the proposed adult entertainment business
establishment 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 Township 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 set forth in § 13-305 below.
3.
Within 30 days after receipt of a complete adult entertainment business application, the Township shall approve or deny the issuance of a license to an applicant. The Township shall approve the issuance of a license to an applicant unless it is determined by preponderance of the evidence that one or more of the findings set forth in Subsection 1 are true.
4.
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 entertainment business and the specific
classification of adult entertainment use for which the license is
issued. All licenses shall be posted in a conspicuous place at or
near the entrance to the adult entertainment business so that they
may be easily read at any time.
5.
The Fire Marshal and the Building Official shall complete
their certification that the premises is in compliance or not in compliance
within 20 days of receipt of the application by the Township.
6.
An adult entertainment business license shall be issued
for the specific classification of adult entertainment business use
as permitted by ordinance and applied for.
[Ord. 2009-19, 7/13/2009, § 5; as amended
by Ord. 2009-21, 11/16/2009]
1.
Every application for an adult entertainment 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 as established from time to time by resolution of
the Board of Supervisors.
2.
In addition to the application and investigation fee
required above, every adult entertainment business that is granted
a license (new or renewal) shall pay the Township an annual nonrefundable
license fee in an amount as established from time to time by resolution
of the Board of Supervisors, payable upon license issuance or renewal.
3.
Every application for an adult entertainment 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 as established from time
to time by resolution of the Board of Supervisors.
4.
All license applications and fees shall be submitted
to East Nottingham Township Municipal Office.
[Ord. 2009-19, 7/13/2009, § 6]
1.
An applicant or licensee shall permit representatives
of the Township, including the Fire Marshall, Zoning Officer, or other
official and/or consultant to inspect the premises of an adult entertainment
business for the purpose of insuring compliance with the law, at any
time it is occupied or open for business.
2.
A person who operates an adult entertainment business
or 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. 2009-19, 7/13/2009, § 7]
1.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 13-303, Subsection 5. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
2.
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.
[Ord. 2009-19, 7/13/2009, § 8]
1.
The Township shall suspend a license for a period
of not to exceed 30 days if it determines that a licensee or an employee
of a licensee has:
[Ord. 2009-19, 7/13/2009, § 9]
1.
The Township shall revoke a license if a cause of suspension in § 13-308 above occurs and the license has been suspended within the preceding 12 months.
2.
The Township shall revoke a license if it 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 entertainment
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 licensed premises.
F.
A licensee is delinquent in payment to the Township,
county or state for any taxes or fees past due.
3.
When the Township revokes a license, the revocation
shall continue for one year, and the licenses shall not be issued
an adult entertainment 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.
4.
After denial of an application, or denial of a renewal
of an application, or suspension or revocation of any license, the
applicant or licensee may seek prompt judicial review of such administrative
action in any court of competent jurisdiction. The administrative
act shall be promptly reviewed by the court.
[Ord. 2009-19, 7/13/2009, § 10]
A licensee shall not transfer his/her license
to another, nor shall a licensee operate an adult entertainment business
under the authority of a license at any place other than the address
designated in the application.
[Ord. 2009-19, 7/13/2009, § 11]
1.
A person who operates or causes to be operated an
adult entertainment business, which exhibits on the premises in a
viewing of less than 150 square feet of floor space, a film, video
cassette, live entertainment, or other video reproduction which depicts
specified sexual activities or specified anatomical areas, shall comply
with the following requirements:
A.
Upon application for an adult entertainment 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.
B.
The application shall 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
Township.
D.
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.
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 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.
F.
It shall be the duty of the licensees to ensure that
the view area specified in Subsection 1E remains unobstructed by any
doors, curtains, partitions, walls, merchandise, display racks or
other materials and, at all time, 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.
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 five
footcandles as measured at the floor level.
I.
It shall be the duty of the licensees to ensure that
the illumination described above as maintained at all times that any
patron is present in the premises.
J.
No licensee shall allow openings of any kind to exist
between viewing rooms or booths.
K.
No person shall make or attempt to make an opening
of any kind between viewing booths or rooms.
L.
The licensee shall, during each business day, regularly
inspect the walls between the viewing booths to determine if any openings
or holes exist.
M.
The licensee shall cause all floor coverings in viewing
booths to be nonporous, easily cleanable surfaces, with no rugs or
carpeting.
N.
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.
2.
A person having a duty under Subsection 1A through
N above commits a violation of this Part if he/she knowingly fails
to fulfill that duty.
[Ord. 2009-19, 7/13/2009, § 12]
1.
It shall be a violation of this Part for a person
who knowingly and intentionally, in an adult entertainment business,
depicts specified sexual activities.
2.
It shall be a violation of this Part for a person
who knowingly or intentionally in an adult entertainment business
appears in a semi-nude condition or in a state of nudity unless the
person is an employee, who while semi-nude or in a state of nudity,
shall be at least 10 feet from any patron or customer and on a stage
at least two feet from the floor.
3.
It shall be a violation of this Part for an employee,
while semi-nude or in a state of nudity in an adult entertainment
business, to solicit any pay or gratuity from any patron or customer
or for any patron or customer to pay or give any gratuity to any employee,
while said employee is semi-nude or in a state of nudity in an adult
entertainment business.
[Ord. 2009-19, 7/13/2009, § 13]
A person commits a violation of this Part if
the person knowingly allows a person under the age of 18 years on
the premises of an adult entertainment business.
[Ord. 2009-19, 7/13/2009, § 14]
No adult entertainment business may remain open
at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays
and Saturdays, and 1:00 a.m. and 12:00 p.m. on Sundays.
[Ord. 2009-19, 7/13/2009, § 15]
Any person, partnership or corporation who or
which has violated any provision of this Part shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Township, pay a judgment of not more than $500 plus all court costs,
including reasonable attorney fees incurred by the Township as a result
thereof. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rule
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the district justice determining that
there has been a violation further determines that there was a good
faith basis for the person, partnership or corporation violating this
Part to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
district justice and thereafter each day that a violation continues
shall constitute a respective violation.
