[Ord. 10/12/1998D, § 1]
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.
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.
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.
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.
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.
