Borough of Wyoming, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 10/12/1998D, § 1]
ADULT DANCER
Any person who performs dance routines or adult oriented dancing entertainment as characterized by an emphasis on the exposure of specific adult oriented anatomical areas.
ADULT DANCING ESTABLISHMENTS
Any business wherein employees, agents or independent contractors perform dance routines or adult oriented dancing entertainment as characterized by an emphasis on the exposure of specific adult oriented anatomical areas. This definition shall include any establishment whether or not it is licensed by the Pennsylvania Liquor Control Board to serve alcoholic beverages.
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, 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 or 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 dancing establishment."
[Ord. 10/12/1998D, § 2]
1. 
An adult dancing establishment and adult dancer shall observe the following requirements:
A. 
Any dancing which exposes to view by patrons or spectators on the premises at any time the bare female breast below a horizontal line across the top of the areola at its highest point, which shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part, is prohibited.
B. 
Any dancing which exposes to view by patrons or spectators on the premises at any time the human genitals, pubic region or cleavage of the human buttock is prohibited.
C. 
Any dancing known as straddle dancing, lap dancing, face dancing or any similar type of dancing known by any other name in which an employee, agent or independent contractor, whether fully clothed or not, uses any part of his or her body whether directly or through a medium, to massage, rub, stroke, knead, caress or fondle the genitals or pubic area of a patron, while on the premises, or the placing of the genitals or pubic area of an employee, agent or independent contractor in contact with, or in approximate contact with, the face or any other area of the body of a patron, while on the premises, is prohibited.
D. 
Any person engaged in displaying or exposing specific adult oriented anatomical areas while dancing is prohibiting from simulating specified sexual activity with any patron, spectator, employee, independent contractor or other person on the premises of an adult dancing establishment.
E. 
No person in an adult dancing establishment shall engage in the display of or exhibition of specific adult oriented anatomical areas while performing or dancing except while said person is positioned in or occupying an entertainment area consisting of a platform or other structure raised not less than 18 inches nor more than 36 inches above the immediately surrounding main floor area and encompassing an area of at least 100 square feet, and while the person so displaying or exhibiting is positioned not less than three feet from any patron or spectator.
F. 
No spectator or patron shall be present in the entertainment area defined above during the course of any performance or dancing involving the display or exhibition of specific adult oriented anatomical areas.
G. 
No person maintaining, managing, owning or operating an adult dancing establishment shall allow or permit the construction, maintenance or use of areas partitioned or screened from public view that are designed to be occupied or are commonly occupied, alone or together, by any person or persons on the premises of such establishments for performances, private or otherwise, involving the display of or exhibition of specific adult oriented anatomical areas while performing or dancing or to permit any employee or patron to violate any provision of this Part.
H. 
Nothing in this Part pertaining to adult dancing establishments shall be construed to permit or authorize any act or activities that are prohibited by state law and these sections are meant to be in addition to any acts or activities that are so prohibited.
[Ord. 10/12/1998D, § 3]
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 dancing establishment 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. 10/12/1998D, § 4; as amended by A.O.]
1. 
Any person, as defined above, desiring to obtain a license to operate an adult dancing establishment 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.
2. 
Each applicant for a license to operate an adult dancing establishment 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 dancing establishment.
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; 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. 10/12/1998D, § 6]
It shall be unlawful for any person to engage in the business of acting or act as an adult dancer without a license issued pursuant to the provisions of this Part. Such persons when providing services as an adult dancer shall have the license in his or her immediate possession and shall exhibit the license upon demand of any peace officer.
[Ord. 10/12/1998D, § 7; as amended by A.O.]
1. 
Any person desiring to obtain a license to act as an adult dancer shall make application to the Chief of Police, or his designated representative. An annual 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 and examination as required by this ordinance. 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.
2. 
Each applicant for a license to act as an adult dancer 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. 
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.
D. 
Written proof that the applicant is at least 18 years of age.
E. 
Applicant's height, weight, color of eyes and hair.
F. 
Two photographs of the applicant of a size specified by the Chief of Police taken within the last 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.
G. 
Applicant's business, occupation and employment history for the three years immediately preceding the date of application.
H. 
The business or permit history of the applicant including whether such applicant has ever had any business, professional or vocational license or permit issued by an agency or board, city, county or state revoked or suspended, and the reason therefor.
I. 
All criminal convictions, except traffic violations, and a statement of the dates and places of such convictions.
J. 
The establishment or business locations, if any, at which the applicant expects to be employed.
K. 
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.
L. 
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 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 of 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; 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 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 changes in circumstances or mitigating circumstances exist since the revocation or suspension.
D. 
The applicant is under 18 years of age.
5. 
A license to act as an adult dancer does not authorize the operation of an adult dancing establishment. Any person obtaining a license to act as an adult dancer who desires to operate an adult dancing establishment must separately apply for a license therefor. A person who applies for a license to operate an adult dancing establishment and who desires to act as an adult dancer within said business, who pays the fee required by § 13-144 of this Part, shall not be required to pay the fee required in this section.
[Ord. 10/12/1998D, § 8]
All persons operating an adult dancing establishment or acting as an adult dancer at the time this Part becomes effective shall apply for an adult dancing establishment license or adult dancer license, as described in this Part, within 30 days of the effective date of this Part.
[Ord. 10/12/1998D, § 9]
Adult dancing establishments shall be permitted to operate between the hours of 6:00 p.m. until 2:00 a.m. the following morning on Monday through Saturday. Such establishments are prohibited from operating on Sundays with the exception of the hours of 12:01 a.m. to 2:00 a.m.
[Ord. 10/12/1998D, § 10]
1. 
An adult dancing entertainment and/or adult 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 Control Code.
B. 
Noncompliance 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 premise sale or consumption of alcoholic beverages in any adult dancing establishment 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 any condition which is a nuisance or obnoxious to the morals and general welfare of the public.
[Ord. 10/12/1998D, § 11]
When 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. 10/12/1998D, § 12]
1. 
Dressing rooms shall be provided for all dancers and performers.
2. 
A barrier, including but not limited to a handrail, half-wall or other similar device must be constructed that separates the performing area from the patrons.
3. 
Employees shall not be permitted to loiter in an open doorway or entrance of the licensed premise.
4. 
All doors to the licensed premise must be closed except for the limited time necessary to allow for ingress and egress during the hours of operation.
5. 
No one under the age of 21 shall be permitted as a patron or employee during the hours the premises are open for business.
6. 
No person who has been convicted of any prostitution related offense within the last two years shall be employed.
7. 
Adult dancing entertainment activities or photographs of the same shall not be displayed within any licensed premise in such a manner as to be open to the general public from outside the licensed premises.
[Ord. 10/12/1998D, § 13]
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 dancing establishment 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. 10/12/1998D, § 14]
No adult dancing establishment shall be operated under any name or conducted under any designation not specified in the license for that business.
[Ord. 10/12/1998D, § 15]
All telephone numbers or listings of the adult dancing establishment shall be reported in writing to the Chief of Police within 10 days of the telephone number becoming operative or inoperative.
[Ord. 10/12/1998D, § 16; as amended by A.O.]
A change of location of an adult dancing establishment 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. 10/12/1998D, § 17; as amended by A.O.]
Thirty days after the sale or transfer of any interest in an adult dancing establishment, 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 escort service. 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 dancing establishment. The provisions of § 13-144 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. 10/12/1998D, § 18]
No person who is a patron of an adult dancing establishment 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. 10/12/1998D, § 19]
The Chief of Police may adopt rules and regulations supplemental to the provisions of this Part and not in conflict therewith.
[Ord. 10/12/1998D, § 20; 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.