As used in this chapter, the following terms shall have the
meanings indicated:
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 anatomical
areas. This definition shall include any establishment whether or
not it is licensed by the PA Liquor Control Board to serve alcoholic
beverages.
An adult dancing establishment 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 anatomical areas while
dancing is prohibited from simulating 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
chapter.
H. Nothing in this chapter 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.
[Amended 1-13-1997 by Ord. No. 856]
A. Every person who engages in operating an adult dancing establishment
as defined herein shall obtain a license to operate such an establishment
and pay to the Borough of East Pittsburgh a license fee in the annual
amount of $500; hereinafter, the Borough Council may reestablish or
amend any of the fees, charges, licenses or any other costs by simple
resolution. Such license must be renewed annually by application of
the person to whom the license was originally granted. Said license
fee may be amended by the Council in the future by simple resolution.
Said license fee shall be used by the Borough of East Pittsburgh to
offset its expenses in exercising its police and regulatory powers
involving adult dancing establishments.
B. Each application for an adult dancing establishment license shall
be accompanied by a photograph or drawing of any signs to be displayed
on the exterior of the establishment with an indication as to the
dimensions of the same.
Every person or entity engaged in or having any interest in
the operation of an adult dancing establishment, before being issued
a license, shall be required to meet the following qualifications:
A. Applicant must be free of convictions for the following: any felony;
any conviction related to prostitution; any conviction involving the
presentation, exhibition and/or performance of an obscene production;
and any conviction involving the maintenance of a nuisance in connection
with the same or similar business, within the last two years. Applicant
shall not have had any adult entertainment establishment license revoked
for cause within the last two years.
B. Applicant must submit to fingerprinting by the Borough of East Pittsburgh
Police Department or its designated representative.
C. Applicant and any person or entity having any connection to the establishment
cannot owe any fees or taxes of any kind or nature to the Borough
of East Pittsburgh.
D. Applicant's premises must meet all established health, zoning,
fire, building, plumbing, and BOCA codes and cannot provide direct
interior access to residential living quarters. Applicant shall file
a floor plan which clearly exhibits all entrances, exits, stairways
and all rooms in the building and their intended uses.
E. In the event applicant does not own the premises to be licensed,
a copy of the lease agreement between the applicant and the property
owner shall be submitted along with the application to the Borough.
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.
Adult dancing establishments may be located and operated within
the Borough of East Pittsburgh in the specially created zone permitting
such use and known as "Zone M" within the East Pittsburgh Borough
Zoning Ordinance. Such establishments are prohibited from being located
or operated in any other zone within the Borough of East Pittsburgh.
License suspension or revocation can occur upon:
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;
(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 code;
(8) Any violation of the PA Liquor Control Code.
B. Noncompliance with any health, zoning, fire, building and/or plumbing
codes adopted by the Borough of East Pittsburgh.
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 chapter or any
other ordinance of the Borough of East Pittsburgh, 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.
When the East Pittsburgh Borough Council has reasonable cause
to believe that a license should be revoked or suspended for any of
the causes enumerated herein above, it shall schedule a hearing 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, the East Pittsburgh Borough Council
shall make a decision which will be reduced to writing and forwarded
to the licensee. Upon a decision by the East Pittsburgh Borough Council
to revoke or suspend a license issued under this chapter, all business
activity at that location shall cease immediately for the period of
suspension or revocation.
Any person or entity convicted of a violation of this chapter
shall, upon conviction thereof before a competent authority, be sentenced
to pay a fine of not more than $1,000 for each offense, plus costs,
and, in default of the payment of such fine and costs, be imprisoned
for a period not exceeding 30 days.