[Ord. 2-1998, 3/10/1998, § 1]
1.
Purpose.
A.
Pursuant to the authority granted in the Second Class Township Code
to prohibit nuisances; to promote the health, welfare, cleanliness,
comfort and safety of the citizens of Canton Township; and to regulate
the time of opening and closing, and the conduct of places of public
entertainment, amusement and recreation, the Township of Canton enacts
this Part to minimize and control the adverse secondary effects of
sexually oriented businesses and thereby protect the health, safety
and welfare of its citizens; protect the citizens from increased crime;
preserve the quality of life; preserve the property values and character
of surrounding neighborhoods; and deter the spread of blight.
B.
The Board of Supervisors has determined that licensing is a legitimate
and reasonable means of accountability to insure that operators of
sexually oriented businesses comply with reasonable regulations and
to insure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
C.
The Board of Supervisors does not intend this Part to suppress any
speech activities protected by the First Amendment, but to enact a
content neutral Part which addresses the secondary effects of sexually
oriented businesses.
2.
Legislative Findings. The Board of Supervisors finds:
A.
Sexually oriented businesses have adverse secondary effects, which
secondary effects should be regulated to protect the public health,
safety and welfare. These secondary effects include, but are not limited
to the spread of communicable diseases, performance of sexual acts
in public places, presence of discarded sexually oriented materials
on public or 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 sexually oriented businesses. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see that the sexually oriented business is run in a manner consistent
with the health, safety and welfare of its patrons and employees,
as well as the citizens of the Township. It is appropriate to require
reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of
the premises and activities occurring therein.
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 sexually oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incident of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
E.
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business will help limit and control the adverse secondary
effects of such businesses.
F.
It is desirable in the prevention of the spread of communicable diseases
to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this Part is designed to prevent
or who are likely to be witnesses to such activity.
G.
The fact that an applicant for a sexually oriented business license
has been convicted of a sexually related crime leads to the rational
assumption that the applicant is likely to engage in that conduct
in contravention of this Part.
H.
The barring of such individuals from the management of sexually oriented
businesses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
I.
The general welfare, health and safety of the citizens of the Township
will be promoted by the enactment of this Part.
J.
Limitation of operating hours of sexually oriented businesses to
10:00 a.m. to 10:00 p.m. Monday through Saturdays, and closure of
such businesses on Sundays and holidays reduces the adverse secondary
effects of such businesses, including particularly, but not limited
to late night noise levels, crime and sexually offensive materials
and activities in public areas, and promotes the public health, safety
and welfare.
[Ord. 2-1998, 3/10/1998, § 2]
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, or
electronically, electrically or mechanically controlled still or motion
picture machines, projectors, video or laser disc players or other
image-producing devices are maintained, not located within viewing
booths, to show images to five or fewer persons per machine at any
one time, and where the images so displayed are distinguished or characterized
by; the depicting or describing of "specified sexual activities" or
"specified anatomical areas."
A commercial establishment which, as one of its substantial
business activities, 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 representations 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, video cassettes, slides or similar photographic
reproductions or visual representations of any kind are regularly
shown which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
A theater, concert hall, dance hall, auditorium or similar
commercial establishment which regularly features persons who appear
in a state of nudity or 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 a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. Employee
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises, or for the
delivery of goods to the premises.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The addition of any sexually oriented business to any other
existing sexually oriented business or to a non-sexually-oriented
business.
The relocation of any sexually oriented business.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
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 sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
Any place where a person who appears semi-nude, in a state
of nudity, or who displays "specified anatomical areas" and is provided
to be observed, sketched, drawn, painted, sculptured, photographed
or similarly depicted by other persons who pay money or any form of
consideration. Nude model studios 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:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion picture theater, escort agency,
nude model studio or sexual encounter center.
Human genitals, pubic region, anus, buttocks, female breasts(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 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 conviction or the date of release from confinement
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 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:
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 (a) and (b) above.
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
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing (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. 2-1998, 3/10/1998, § 3]
1.
It is unlawful:
A.
For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the Township pursuant
to this Part.
B.
For any person who operates a sexually oriented business to employ
a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the Township pursuant
to this Part.
C.
For any person to obtain employment with a sexually oriented business
without having secured a sexually 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 sexually oriented business in operation
at the time of enactment of this Part without a valid sexually oriented
business license pursuant to this Part.
E.
Beginning on the sixtieth day after enactment of this Part for any
person who operates a sexually oriented business in operation at the
time of enactment of this Part to employ a person to work for the
sexually oriented business who is not licensed as a sexually oriented
business employee by the Township pursuant to this Part.
F.
Beginning on the sixtieth day after enactment of this Part for any
person to obtain employment with a sexually oriented business in operation
at the time of enactment of this Part without having secured a sexually
oriented business employee license pursuant to this Part.
2.
An application for a license must be made on a form provided by the
Township.
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 a sexually oriented business in
an individual, the person must sign the application for a license
as an applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has an 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 a sexually 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,
and the name 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 the address of the
registered office for service of process.
B.
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he or she must state
(1) the sexually 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, 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 sexually oriented
business ordinance from another Township, state or county denied,
suspended or revoked, including the name and location of the sexually
oriented business for which the permit was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the applicant or a person residing with the applicant has been a partner
in a partnership or an 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 sexually oriented 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 sexually oriented
business ordinance from another Township, state or county and, if
so, the names and locations of such other licensed businesses.
F.
The specific classification of sexually oriented use for which the
applicant is filing along with a detailed description of each and
every activity encompassed by the proposed sexually oriented business,
which description shall thoroughly demonstrate compliance and/or intended
compliance with all provisions of this Part.
G.
The location of the proposed sexually oriented business, including
the 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 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 property to be certified and.
M.
If an applicant wishes to operate a sexually oriented business, which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 13-411 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 Township
Director of Code Enforcement and (2) that Department of Labor and
Industry approval is required.
6.
Before any applicant may be issued a sexually oriented business employee
license, the applicant shall submit on a form to be provided by the
Township the following information:
A.
The applicant's name 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 form for a sexually oriented 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 the
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, Township, 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. 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.
[Ord. 2-1998, 3/10/1998, § 4]
1.
Upon the filing of said application in a fully completed form for
a sexually oriented business or for a sexually oriented business employee
license, the application shall then be referred to the Township Code
Enforcement Officer for review and investigation. The Township Code
Enforcement 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 Township Code Enforcement
Officer shall issue a license, unless it is determined by the Township
Code Enforcement 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 sexually oriented 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 has had a sexually oriented business employee license revoked by the Township within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 13-409.
F.
The required application, investigation and license fees have not
been paid.
G.
An applicant's license to operate a sexually oriented business,
issued by any jurisdiction, has been revoked within the preceding
12 months.
H.
The proposed sexually 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 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 as set forth in § 13-405.
3.
The license, if granted shall state on its face the name of the person
or persons who whom it is granted, the expiration date, the address
of the sexually oriented business and the specific classification
of sexually oriented use for which the license is issued. Licenses
for sexually oriented businesses shall state that the sexually oriented
business shall not commence until all necessary zoning, subdivision
and land development and/or building code approvals and Department
of Labor and Industry approvals are obtained. All licenses shall be
posted in a conspicuous place at or near the entrance to the sexually
oriented business so that they may be easily read at any time.
4.
Applications for building and occupancy permits shall be processed
and either denied or approved within 30 days of receipt of a completed
application by the Township.
5.
A sexually oriented business license shall issue for the specific
classification of sexually oriented use as permitted by ordinance
and applied for.
7.
Any person aggrieved by the grant or denial of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Township Board of Supervisors. The Township Board of Supervisors shall then hold a Local Agency Law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Township Board of Supervisors may be taken to court subject to § 13-409, Subsection 5, of this Part.
[Amended at time of adoption of Code]
[Ord. 2-1998, 3/10/1998, § 5]
1.
Every application for a sexually oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee in
an amount set by resolution of the Board of Supervisors.
2.
In addition to the application and investigation fee required above,
every sexually oriented business that is granted a license (new or
renewal) shall pay to the Township an annual non-refundable license
fee in an amount set by resolution of the Board of Supervisors within
30 days of license issuance or renewal.
3.
Every application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual non-refundable application, investigation
and license fee in an amount set by resolution of the Board of Supervisors.
4.
All license applications and fees shall be submitted to the office
of the Township Secretary/Treasurer, and, thereafter, the applications
shall be forwarded to the Township Code Enforcement Officer for review
and investigation and approval or denial.
[Ord. 2-1998, 3/10/1998, § 6]
1.
An applicant or licensee shall permit authorized Township officials
and their agents or consultants to inspect the premises of a sexually
oriented business for the purpose of insuring compliance with the
law, at any time it is occupied or open for business.
2.
A person who operates a sexually oriented business or his agent or
employee commits a violation of this Part if he refuses to permit
such lawful inspection of the premises at any time it is occupied
or open for business.
[Ord. 2-1998, 3/10/1998, § 7]
1.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 13-403. 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. 2-1998, 3/10/1998, § 8]
1.
The Township Code Enforcement 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. 2-1998, 3/10/1998, § 9]
1.
The Township Code Enforcement Officer shall revoke a license if a cause of suspension in § 13-408 occurs and the license has been suspended within the preceding 12 months.
2.
The Township Code Enforcement 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 sexually 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 Township for any licensing
fees past due.
3.
When the Township revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a sexually oriented
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Township finds that the
basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
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 Township
Board of Supervisors. The Township Board of Supervisors will then
hold a local agency law hearing within 20 days from the date the appeal
is filed and will render a written decision within 10 days from the
date such hearing concludes. Any such appeal must be filed, in writing,
with the Township Secretary/Treasurer, within 10 days from the date
of mailing of the decision appealed from. Failure to file said appeal
with the Township 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: (A) the expiration of the ten-day
appeal period without filing of an appeal; or (B) the date of a decision
dismissing any appeal.
5.
Any person aggrieved by a decision of the Township Board of Supervisors
may appeal to a court of competent jurisdiction. The Township shall,
upon filing of such appeal, consent to any request by a license applicant
or licensee to the court to give expedited review to such appeal.
The Township shall certify any record to the court within 20 days
of any request by the court to do so.
[Ord. 2-1998, 3/10/1998, § 10]
A licensee shall not transfer his/her license to another, nor
shall a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
[Ord. 2-1998, 3/10/1998, § 11]
1.
A person who operates viewing booths or causes them to be operated
shall comply with the following requirements:
A.
Upon application for a sexually oriented license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations and
the location of all overhead lighting fixtures and designating any
portion of the premises in 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.
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 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. 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 licensees to ensure that the view area specified in Subsection 1D 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 of this section.
[Amended at time of adoption of Code]
F.
No viewing room may be occupied by more than one person at any time.
G.
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five-foot candle
as measured at the floor level.
H.
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.
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, 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 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. 2-1998, 3/10/1998, § 12]
[Ord. 2-1998, 3/10/1998, § 13]
1.
A nude model studio shall not employ any person under the age of
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 the public right of way.
4.
A nude model studio shall not place or permit a bed, sofa or mattress
in any room on the premise, except that a sofa may be placed in a
reception room open to the public.
[Ord. 2-1998, 3/10/1998, § 14]
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 breastfeeding
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 Township that
this section be construed, enforced and interpreted in such a manner
as will cause the least possible infringement of the constitutional
rights of free speech, free expression, due process, equal protection
or other fundamental rights.
3.
It shall be a violation of this Part for a person who knowingly or
intentionally in a sexually oriented business appears in a semi-nude
condition unless the person is an employee who, while semi-nude, shall
be at least 10 feet from any patron or customer and on a state at
least two feet from the floor.
4.
It shall be a violation of this Part for an employee, while semi-nude
in a sexually oriented business, to solicit any pay or gratuity from
any patron or customer or for any patron or customer to pay or give
any gratuity to any employee, while said employee is semi nude in
a sexually oriented business.
[Ord. 2-1998, 3/10/1998, § 15]
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 a sexually
oriented business.
[Ord. 2-1998, 3/10/1998, § 16]
No sexually oriented business shall be open for business before
10:00 a.m., Monday through Saturday or after 10:00 p.m., Monday through
Saturday. Sexually oriented businesses shall be closed at all times
on Sundays and legal holidays.
[Ord. 2-1998, 3/10/1998, § 17]
1.
It is a defense to prosecution under § 13-414 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,
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. 2-1998, 3/10/1998, § 18; as amended by Ord.
2-2002, 5/15/2002, § 1]
1.
Any person, firm or corporation who shall violate any provision of
this Part, on the rules and regulations issued hereunder, upon conviction
thereof in an action brought before a Magisterial District Justice
in the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each section
of this Part which be found to have been violated shall constitute
a separate offense.
[Amended at time of adoption of Code]
2.
The Township may commence civil enforcement proceedings to assess
fines for violations of this part. In addition to such civil enforcement
proceedings, the Township may commence, at any time, appropriate actions
in equity or otherwise to prevent, restrain, correct, enjoin or abate
violations of this Part. Any person who violates or permit the violation
of this Part shall pay, in addition to the fine set forth above, all
court costs and reasonable attorneys' fees incurred by the Township
in connection with any civil enforcement proceedings brought to enforce
this Part.
