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 substantial
business activities, 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, or both:
A.
The character and content of any material or performance
described herein which is reasonably susceptible of examination by
a licensee 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.
LICENSEE
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 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:
A.
That 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, the exposure of any devices,
costume or covering which gives the appearance of or simulates the
genitals, pubic hair, natal cleft, perineum anal region or pubic hair
region, the exposure of any device worn as a cover over the nipples
and/or areola of the female breast, which device simulates and gives
the appearance of nipples and/or areola, or the showing of the covered
male genitals in a discernible 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 or 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.
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 in Subsections
A and/or
B of this definition, above.
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 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.
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:
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 §
246-14 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; or
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; and
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation who violates or permits the
violation of any provisions of this chapter or the rules and regulations
approved and hereinafter adopted shall, upon conviction in a summary
proceeding brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $100 nor more than $1,000,
plus costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition, the Township may commence, at any time, appropriate
actions in equity or otherwise to prevent, restrain, correct, enjoin
or abate violations of this chapter.
In addition to the specific penalties provided in this chapter, it is hereby
declared that any building, portion of a building, or enclosed place
regularly used for acts of public nudity in violation of this chapter is a public
nuisance, subjecting the owner, proprietor or other operator thereof
to any and all actions authorized by the Commonwealth of Pennsylvania
for the abatement of public nuisances.
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.