Based upon a public meeting conducted by the Township, the Board
of Supervisors finds:
A. Sexually oriented businesses have adverse secondary effects which
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 material on public and 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 of 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 chapter 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 chapter.
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 chapter.
J. Limitation of operating hours of sexually oriented businesses to
10:00 a.m. to 10:00 p.m., Mondays 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.
As used in this chapter, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning.
ADULT ARCADE
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.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
A.
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; or
B.
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant, or other commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity or seminudity; or
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions or visual presentations of any other kind which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, dance hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or seminudity, or live performances which are
characterized by the exposure of specified anatomical areas or by
specified sexual activities.
EMPLOYEE
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.
ESCORT
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.
ESCORT AGENCY
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.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business;
B.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
C.
The addition of any sexually oriented business to any other
existing sexually oriented business or to a nonsexually oriented business;
or
D.
The relocation of any sexually oriented business.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
A.
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a license
or person; and
B.
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.
LICENSE
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.
NUDE MODEL STUDIO
Any place where a person who appears seminude, 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 studio" shall not include a proprietary
school licensed by the Commonwealth 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:
A.
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing; and
B.
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
C.
Where no more than one nude or seminude model is on the premises
at any one time.
NUDITY or A STATE OF NUDITY
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.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
A.
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 Pennsylvania other states or countries;
B.
For which:
(1)
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;
(2)
Less than five years have elapsed since 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; or
(3)
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.
C.
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.
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, masturbation or sodomy; or
C.
Excretory functions as part of, or in connection with, any of the activities set forth above in Subsections
A and
B.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
C.
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.
VIEWING BOOTHS
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing:
A.
Films, movies, videos or visual reproductions of any kind depicting
or describing specified sexual activities or specified anatomical
areas; or
B.
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.
The Township Code Officer shall suspend a license for a period
not to exceed 30 days if he determines that a license or an employee
of a licensee has:
A. Violated or is not in compliance with any provision of this chapter;
B. Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter; or
C. Knowingly permitted gambling by any person on the sexually oriented
business premises.
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.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
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.
It is a defense to prosecution under §
322-13 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; or
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; and
(2) Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises at any one time.
The provisions of this chapter are severable and if any section,
subsection, clause, sentence or part thereof shall be held or declared
illegal, invalid or unconstitutional by any court of competent jurisdiction,
the decision shall not affect or impair any of the remaining sections,
subsections, clauses, sentences or parts thereof of this chapter.
It is hereby declared to be the intent of the Board of Supervisors
that this chapter would have been adopted if such illegal, invalid
or unconstitutional section, subsection, clause, sentence or part
thereof had not been included herein.