[Ord. 10/12/1998A, § 1]
ADULT BOOKSTORES
An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: (A) books, magazines, periodicals or other oriented matter, or photographs or films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or (B) instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
PERSON
An individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit, excepting the United States of America, the Commonwealth of Pennsylvania and any political subdivision thereof.
SPECIFIC ADULT ORIENTED ANATOMICAL AREAS
Any of the following: (A) less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or (B) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following: (A) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; (B) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy; (C) masturbation, actual or simulated; or (D) excretory functions as part of or in connection with any of the activities set forth as an "adult bookstore."
[Ord. 10/12/1998A, § 2]
It shall be unlawful for any person, as defined above, to engage in, conduct, carry on or to permit to be engaged in, conducted or carried on, the operation of an adult bookstore, as herein defined, without a license issued pursuant to the provisions of this Part for each and every such business. The license required hereby shall be in addition to any business tax required by the laws of the Borough of Wyoming and/or the Commonwealth of Pennsylvania.
[Ord. 10/12/1998A, § 3; as amended by A.O.]
1. 
Any person, as defined above, desiring to obtain a license to operate an adult bookstore shall make a written application to the Chief of Police or his designated representative. A nonrefundable fee in an amount as established, from time to time, by resolution of the Borough Council shall accompany the submission of each application to defray, in part, the cost of investigation, inspection and enforcement of this Part. An annual nonrefundable renewal fee in an amount as established, from time to time, by resolution of the Borough Council shall be charged to defray associated costs of investigation and enforcement of this Part.
[A.O.]
2. 
Each applicant for a license to operate an adult bookstore shall furnish the following information to the Chief of Police:
A. 
The full true name and any other names used by the applicant.
B. 
The present address and telephone number of the applicant.
C. 
The proposed address and name or names of the adult bookstore.
D. 
Each residence and business address of the applicant for the three years immediately preceding the date of the application and the inclusive dates of each such address.
E. 
Written proof that the applicant is at least 18 years of age.
F. 
Applicant's height, weight, color of eyes and hair.
G. 
Two photographs of the applicant of a size specified by the Chief of Police taken within 30 days immediately preceding the date of application. One photograph shall be retained by the Chief of Police and one photograph shall be affixed to the license.
H. 
Applicant's business, occupation and employment history for the three years immediately preceding the date of application.
I. 
The business or permit history of the applicant including whether such applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor.
J. 
All criminal convictions, except minor traffic offenses, and a statement of the dates and places of such conviction.
K. 
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than 5% of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual under this division, but only one application fee shall be charged.
L. 
The name and address of the owner and lessor of the real property upon or in which the business is to be conducted, and a copy of the lease or rental agreement.
M. 
Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application.
N. 
The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.
3. 
The Chief of Police shall have a reasonable time, not to exceed 60 days, in which to investigate the application and the background of the applicant.
4. 
A license shall be issued within 60 days of receipt of the application or renewed to any applicant who has furnished all of the information required by this section in the application for such license, unless:
A. 
The applicant has knowingly made a false or misleading statement of a material fact or omission of a material fact in the application for the license.
B. 
The applicant has been convicted of and/or pleads guilty or nolo contendere to any of the following offenses under the Pennsylvania Crimes Code: any felony; any offense related to prostitution; any offense involving the presentation, exhibition and/or performance of any obscene production; any offense involving the maintenance of a nuisance in connection with the same or similar business; the sale, transfer or use of a controlled substance; disorderly conduct; any offense which requires registration as a sex offender with the Chief of Police under Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.; any offense in another state which if committed in this state would have been punishable as one or more of the heretofore mentioned offenses; any offense involving the use of force or violence upon the person of another; any offense involving theft, embezzlement or moral turpitude; or any violation of a statute, ordinance or regulation pertaining to the same or similar business operation; or any other criminal offense.
C. 
The operation of the business as proposed, if permitted, would not comply with all applicable building, fire, health and zoning laws.
D. 
The applicant has had a massage technician, massage establishment, off-premises massage establishment, nude entertainment, escort service, rap parlor, nude photo studio or similar type of license or permit suspended for one year or more, or revoked for good cause within three years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or mitigating circumstances exist since the revocation or suspension.
E. 
The applicant is under 18 years of age.
[Ord. 10/12/1998A, § 4]
All persons operating an adult bookstore at the time this Part becomes effective shall apply for an adult bookstore license, as described in this Part, within 30 days of the effective date of this Part.
[Ord. 10/12/1998A, § 5]
1. 
An adult bookstore license may be suspended or revoked by the Wyoming Borough Chief of Police or his designated agent upon the occurrence of any of the following events or occurrences:
A. 
Conviction by the licensee, his employees, agents or independent contractors for any offense occurring on the licensed premises involving or related to:
(1) 
The production, presentation, exhibition or performance of any entertainment that is deemed to be obscene.
(2) 
Disorderly conduct.
(3) 
Maintenance of a nuisance in connection with the same or similar business.
(4) 
Prostitution, solicitation for the purpose of prostitution or loitering for the purpose of prostitution.
(5) 
The sale, transfer, possession or use of any controlled substance.
(6) 
The display or exhibition by an employee, agent or independent contractor in the establishment of less than completely and opaquely covered human genitals or pubic region, the cleavage of the human buttocks, or any portion of the human female breast below a horizontal line across the top of the areola at its highest point, any part of the entire lower portion of the human female breast, excluding cleavage.
(7) 
Any violation of any other section of this Part.
(8) 
Any violation of the Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq.
B. 
Non-compliance with any health, zoning, fire, building and/or plumbing codes adopted by the Borough of Wyoming.
C. 
The filing of a false application.
D. 
A conviction for permitting the on-premises sale or consumption of alcoholic beverages in any adult bookstore that is not licensed to sell alcoholic beverages.
E. 
Any illegal on premises conduct by patrons that results in a criminal conviction of such patron.
F. 
A violation by any licensee or his agents, servants or employees for any action or activity occurring in, on or at the premises covered by the license in violation of any provision of this Part or any other ordinance of the Borough of Wyoming or of any criminal or penal statute of the Commonwealth of Pennsylvania against gambling, disorderly conduct or any other criminal or penal offense; a judgment of conviction in any court of competent jurisdiction shall be conclusive evidence of such violation.
G. 
The occurrence in, on or at the premises covered by the license of any condition which is a nuisance or obnoxious to the morals and general welfare of the public.
[Ord. 10/12/1998A, § 6]
When the Wyoming Borough Chief of Police has reasonable cause to believe that a license should be revoked or suspended for any of the causes enumerated herein above, he shall schedule a hearing before the Wyoming Borough Council and notify the licensee in writing of the hearing date and time and alleged charges. The notice to the licensee shall be mailed to the address shown on the license. At the hearing, the evidence shall be transcribed. Following the hearing, Wyoming Borough Council shall make a decision which will be reduced to writing and forwarded to the licensee. Upon a decision by Wyoming Borough Council to revoke or suspend a license issued under this Part, all business activity at that location shall cease immediately for the period of suspension or revocation.
[Ord. 10/12/1998A, § 7]
The Wyoming Borough Chief of Police or his designated agent shall, from time to time and at least twice a year, make an inspection of each adult bookstore in the Borough of Wyoming for the purposes of determining that there is continuing compliance with the provisions of this Part and the laws of the Commonwealth of Pennsylvania.
[Ord. 10/12/1998A, § 8]
No adult bookstore shall be operated under any name or conducted under any designation not specified in the license for that business.
[Ord. 10/12/1998A, § 10; as amended by A.O.]
A change of location of an adult bookstore as permitted in this Part shall be approved by the Chief of Police provided all applicable provisions of this Part are complied with and a nonrefundable change of location fee in an amount as established, from time to time, by resolution of the Borough Council has been paid to the Chief of Police, and the new location complies with all applicable zoning, health, fire and safety codes.
[Ord. 10/12/1998A, § 11; as amended by A.O.]
Thirty days after the sale or transfer of any interest in an adult bookstore, any license heretofore issued shall be null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the adult bookstore. A fee in an amount as established, from time to time, by resolution of the Borough Council shall be payable for each such application involving the sale or transfer of any interest in an existing adult bookstore. The provisions of § 13-103 of this Part shall apply to any person, association, partnership or corporation applying for an adult dancing establishment license for premises previously used as such businesses.
[Ord. 10/12/1998A, § 12]
No person who is a patron of an adult bookstore shall place or cause to be placed in the daily register a false name, or false city and state of that patron's address.
[Ord. 10/12/1998A, § 13]
The Chief of Police may adopt rules and regulations supplemental to the provisions of this Part and not in conflict therewith.
[Ord. 10/12/1998A, § 14; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge 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 together with reasonable attorney fees 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 shall be found to have been violated shall constitute a separate offense.