[HISTORY: Adopted by the Board of Supervisors
of the Township of Springettsbury 10-9-2003 by Ord. No. 2003-16 (Ch.
13, Part 6, of the 2003 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 325.
A.
Pursuant to the authority granted in the Second Class
Township Code to promote the health, safety, morals and general welfare
of the inhabitants of Springettsbury Township, to regulate and inspect
the use and occupancy of buildings, to regulate places of public entertainment,
amusement and recreation, and to prevent and prohibit public nuisances
due to adverse secondary effects, Springettsbury Township enacts this
chapter to minimize and control the adverse secondary effects of sexually
oriented businesses, including adult bookstores, adult cabarets and
adult theaters and thereby to protect the health, safety and welfare
of its citizens, protect citizens property values and the character
of surrounding neighborhoods and deter the spread of blight.
(1)
Springettsbury Township has determined that licensing
is a legitimate and reasonable means of accountability to ensure that
operators of sexually oriented businesses comply with reasonable regulations
and to ensure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
(2)
Springettsbury Township does not intend this chapter
to suppress any speech activities protected by the First Amendment
but to enact a content-neutral ordinance, which addresses the secondary
effects of sexually oriented businesses. It is not the intent of the
Township in enacting this legislation to deny any person rights of
speech protected by the Constitution of the United States or the Constitution
of the Commonwealth of Pennsylvania, or both, nor is it the intent
of the Township to impose any additional limitations or restrictions
on the contents of any communicative materials, including sexually
oriented films, video tapes, books or other materials. Further, by
enacting this legislation the Township does not intend to deny or
restrict the rights of any adult to obtain or view, or both, any sexually
oriented materials or conduct protected by the Constitution of the
United States or the Constitution of the Commonwealth of Pennsylvania,
or both, nor does it intend to restrict or deny any constitutionally
protected rights that distributors or exhibitors of sexually oriented
materials have to sell, distribute or exhibit these materials.
B.
The Springettsbury Township Board of Supervisors finds
as follows:
(1)
Law enforcement personnel have determined, and statistics
and studies performed in a substantial number of communities in this
Commonwealth and in the United States indicate that sexually oriented
businesses have adverse secondary effects, which secondary effects
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 materials on public and private
property, sexual harassment, obscenity, prostitution and other illegal
sexual activities, crime, decreased property values and neighborhood
deterioration.
(2)
Based on evidence concerning the adverse secondary
effects of adult uses on the community in findings incorporated in
the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41
(1986), Young v. Amer. Mini Theatres, 426 U.S. 41 (1976) and Barnes
v. Glen Theatre, Inc., 501 U.S. 560 (1991) and on other information
available to the Township, the Township finds as follows:
(a)
Sexually oriented businesses lend themselves to ancillary
unlawful and unhealthy activities that are presently uncontrolled
by the operators of the establishments.
(b)
Certain employees of adult cabarets engage in higher
incidence of certain types of illicit sexual behavior than employees
of other establishments.
(c)
Sexual acts, including masturbation and oral and anal
sex, occur at sexually oriented businesses, especially those which
provide private or semiprivate booths or cubicles for viewing films,
videos or live sex shows. Furthermore, adult bookstores tend to attract
customers who engage in unprotected, high-risk sexual activities.
(d)
Offering and providing such space encourages such
activities, which creates unhealthy conditions.
(e)
Persons frequent certain adult theaters and other
sexually oriented businesses for the purpose of engaging in sexual
activities within the premises of such sexually oriented businesses.
(f)
At least 50 communicable diseases may be spread by
activities occurring in sexually oriented businesses, including, but
not limited to, syphilis, gonorrhea, human immunodeficiency virus
infections (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis,
salmonella infections and shigella infections.
(g)
The Surgeon General of the United States in his report
of October 22, 1986, has advised the American public that AIDS and
HIV infection may be transmitted through sexual contact, intravenous
drug abuse, exposure to infected blood and blood components and from
an infected mother to her newborn child.
(h)
According to the best scientific evidence, AIDS and
HIV infection, as well as syphilis and gonorrhea are principally transmitted
by sexual acts.
(i)
Sanitary conditions in some sexually oriented businesses
are unhealthy, in part, because the activities conducted there are
unhealthy, and, in part, because of the unregulated nature of the
activities and the failure of the owners and the operators of the
facilities to self-regulate those activities and maintain those facilities.
(j)
Numerous studies and reports have determined that
semen is found in the areas of sexually oriented businesses where
person view sexually oriented films.
(k)
Numerous studies have indicated that sexually oriented
businesses have a substantial negative impact on property values and
cause neighborhood blight.
(3)
Sexually oriented businesses have adverse secondary
effects, which secondary effects should be regulated to protect the
public health, safety and welfare.
(4)
Sexually oriented businesses have operational characteristics
that should be reasonably regulated in order to protect those substantial
governmental concerns.
(5)
A reasonable licensing procedure is an appropriate
mechanism to place the burden of that reasonable regulation on the
owners and the operators of 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 a sexually oriented business, fully in possession
and control of the premises and activities occurring therein.
(6)
Removal of doors on adult booths and requiring sufficient
lighting on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult facilities.
(7)
Requiring licensees of sexually oriented businesses
to keep information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in such establishments.
(8)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance
of the sexually oriented business, where such information is substantially
related to the significant governmental interest in the operation
of such uses, will aid in preventing the spread of sexually transmitted
diseases.
(9)
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.
(10)
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.
(11)
The barring of such individuals from the management
of sexually oriented businesses for a period of years as a deterrent
to and prevents conduct that leads to the transmission of sexually
transmitted diseases.
(12)
The general welfare, health and safety of the citizens
of the Township will be promoted by the enactment of this chapter.
(13)
The limitation of operating hours of sexually oriented
businesses from 8:00 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.
(14)
The reasonable regulation and supervision of sexually
oriented businesses tends to discourage sexual acts and prostitution
and thereby promote the health, safety and welfare of patrons, clients
and customers of these businesses.
(15)
The continued unregulated operation of such sexually
oriented businesses would be detrimental to the general health, safety
and welfare of the citizens of Springettsbury Township.
C.
In interpreting and applying the provisions of this
chapter, they shall be held to be the minimum requirements for the
promotion of the public health, safety, comforts, convenience and
general welfare of Springettsbury Township citizens. Where the provisions
of any statute, other ordinance or regulation impose greater restrictions
than this chapter, the provisions of such statute, other ordinance
or regulation shall be controlling. Where the provisions of this chapter
impose greater restrictions than those of any statute or other ordinance
or regulation, the provisions of this chapter shall be controlling
to the extent allowed by law. However, in no case shall the provisions
of this chapter be interpreted in such a manner as to violate the
United States Constitution or the Constitution of the Commonwealth
of Pennsylvania.
As used in this chapter, the following words
and phrases shall have the meanings indicated unless the context clearly
indicates a different meaning:
An establishment in which 20% or more of the occupied sales
or display area offers for sale, for rent or lease, for loan or for
view upon the premises, pictures, photographs, drawings, prints, images,
sculpture, still film, motion picture film, video tape or similar
visual representations distinguished or characterized by an emphasis
on sexual conduct or sexually explicit nudity, or books, pamphlets,
magazines, printed matter or sound recordings containing explicit
and detailed descriptions or narrative accounts distinguished or characterized
by an emphasis on sexual conduct, or offers for sale sexual devices.
An establishment, club, tavern, restaurant, theater or hall
that features live entertainment distinguished or characterized by
an emphasis on sexual conduct or sexually explicit nudity.
An exhibition of any adult-oriented motion pictures
which are distinguished and characterized by an emphasis on matter
depicting, describing or relating to specific sexual activities or
specified anatomical areas.
A live performance, display or dance of any
type, which has a significant or substantial portion of the performance,
any actual or simulated performance of specified sexual activities
or exhibition or viewing of specified anatomical areas or persons
in a state of nudity or semi-nudity.
Films, motion pictures, video cassettes, slides
or other photographic reproductions that are characterized by the
depiction or description of "specified sexual activities" or "specified
anatomical areas."
A building or a room within a building used for presenting
motion picture film, video tape or similar visual representation of
materials distinguished or characterized by an emphasis on sexual
conduct or sexually explicit nudity.
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, lessee, lessee of a dance floor or space or otherwise, and
whether or not said person is paid a salary, wage or compensation
by the operator of the business. “Employee”
does not include a person exclusively on the premises for the repair
or maintenance of the premises or equipment on the premises, or for
the delivery of goods to the premises.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another, or who agrees or offers
to privately model lingerie or to privately perform a strip tease
for another person.
A person or business association who furnishes, offers to
furnish or advertise to furnish escorts as one of its business purposes
for a fee, tip or other consideration.
The opening or commencement of any sexually
oriented business as a new business.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business.
The addition of any sexually oriented business
or sexually oriented use to any other existing sexually oriented use.
The relocation of any sexually oriented business.
having a general knowledge of, or reason to know, or a belief
or grounds for belief which warrants further inspection or inquiry
or either:
The character and content of any material or
performance described herein which is reasonably susceptible of examination
by a licensee or persons.
The age of a 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.
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.
Any place where a person who appears semi-nude, 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 studios shall not include a proprietary
school licensed by the Commonwealth of Pennsylvania, 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
where:
No sign visible from the exterior of the structure
and no other advertising indicates that a nude or semi-nude person
is available for viewing.
In order to participate in a class, a student
must enroll at least three days in advance of the class.
No more than one nude or semi-nude model is
in any one room on the premises at one time.
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 fully opaque
covering of any part of the nipple, or the showing of the covered
male genitals in a discernible turgid state.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The state of dress in which clothing partially or opaquely
covers specified anatomical area.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult bookstore, adult novelty store, adult video store,
adult cabaret, adult theater, escort agency, nude model studio, sexual
encounter center or other commercial or not-for-profit establishment
where adult entertainment is presented for money or other forms of
consideration.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point above the top of the areola or human male genitals in
a discernible turgid state, even if completely covered.
Prostitution or promotion of prostitution, dissemination
of obscenity, sales, 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 similar offenses to those described above under the criminal or
penal code of the Commonwealth of Pennsylvania or other states or
countries.
For which:
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
a misdemeanor offense.
Less than five years have elapsed since the
date of conviction or the date of release from confinement for conviction,
whichever is the later date, if the conviction is a felony offense.
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 offense or combination of misdemeanor
offenses occurring within any twenty-four-hour period.
The fact that a conviction is being appealed
shall have no effect on the disqualification of the applicant.
The increase in floor areas occupied by a sexually oriented
business by more than 25%, as the floor area exists on the date of
licensing.
The sale, lease or sublease of a sexually oriented
business.
The establishment or a trust, gift or other
similar legal device which transfers the ownership or control of a
sexually oriented business.
Any change in the identity of the officers or
directors of a corporation operating a sexually oriented business.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures that are available for viewing:
Films, movies, videos or visual reproductions
of any kind depicting or describing "specified anatomical areas."
A person or persons who appear in a state of
nudity or semi-nudity or who offer performances or presentations characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities."
A.
It is unlawful:
(1)
For any person to establish and operate a sexually
oriented business after the effective date of this chapter without
a valid sexually oriented business license issued by the Township
pursuant to this chapter.
(2)
For any person who establishes and operates a sexually
oriented business after the effective date of this chapter to employ
a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the Township pursuant
to this chapter.
(3)
For any person to obtain employment with a sexually
oriented business after the effective date of this chapter without
having secured a sexually oriented business employee license pursuant
to this chapter.
(4)
Beginning on the 180th day after enactment of this
chapter for any person to continue to operate a sexually oriented
business already in operation on the effective date of this chapter
without a valid sexually oriented business license pursuant to this
chapter.
(5)
Beginning on the 180th day after the effective date
of this chapter for any person operating a sexually oriented business
in operation at the time of the enactment of this chapter to employ
a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the Township pursuant
to this chapter.
(6)
Beginning on the 180th day after the effective date
of this chapter for any person working as an employee of a sexually
oriented business on the effective date of this chapter to continue
such employment without having secured a sexually oriented business
employee license pursuant to this chapter.
B.
Application for a business or employee license must
be made on a form provided by the Township. For purposes of this chapter,
the responsibility for conducting any investigation, receiving and
processing any application and issuing or denying any license required
under this chapter shall be the Township's Zoning Officer.
C.
All applicants must be qualified according to the
provisions of this chapter. The application may request and the applicant
shall provide such information as to enable the Township to determine
whether the applicant meets the qualifications established in this
chapter.
D.
If a person who wishes to operate a sexually oriented
business is an individual, the person must sign the application for
a license as applicant. If a person who wishes to operate a sexually
oriented business is other than an individual, each individual who
has a 20% or greater interest in the business must sign the application
for a license as applicant. Each applicant must be qualified under
the following section and each applicant shall be considered a licensee
if a license is granted.
E.
The completed application for a sexually oriented
business license shall contain the following information and shall
be accompanied by the following documents:
(1)
If the applicant is:
(a)
Individual. The individual shall state his/her legal
name and any aliases and submit proof that he/she is at least 18 years
of age.
(b)
Partnership. The partnership shall state its complete
name and the names of all partners, whether the partnership is general
or limited, and a copy of the partnership agreement, if any.
(c)
Corporation. The corporation shall state its complete
name, the date of its incorporation, the type of classification of
the corporation, evidence that the corporation is in good standing
under the laws of its state of incorporation and qualified and authorized
to conduct business in Pennsylvania, the names and capacity of all
officers, directors and the name of the registered corporate agent
and address of the registered corporate agent and address of the registered
office for service of process.
(2)
If the applicant intends to operate the sexually oriented
business under a name other than that of the applicant, he or she
must state the sexually oriented business's fictitious name and submit
the required registration documents.
(3)
Whether the applicant has been convicted of a specified
criminal activity as defined in this chapter and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each.
(4)
Whether the applicant has had a previous license under
this chapter or other similar sexually oriented business ordinance
from another municipality, county or jurisdiction denied, suspended
or revoked, including the name and location of the sexually oriented
business for which the permit was denied, suspended or revoked, as
well as the date of the denial, suspension or revocation and whether
the applicant has been a partner in a partnership, or an officer,
director or principal stockholder of a corporation that is licensed
under this chapter whose license has previously been denied, suspended
or revoked, including the name and location of the sexually oriented
business for which the permit was denied, suspended or revoked as
well as the date of denial, suspension or revocation.
(5)
Whether the applicant holds any other licenses under
this chapter or other similar sexually oriented business ordinance
from another municipality, county or jurisdiction and, if so, the
names and locations of such other licensed businesses.
(6)
The specific classification of sexually oriented use
for which the applicant is filing, along with a detailed description
of each and every activity encompassed by the proposed sexually oriented
use, which description shall thoroughly demonstrate compliance and/or
intended compliance with all provisions of this chapter.
(7)
The location of the proposed sexually oriented business,
including a legal description of the property, street address and
telephone number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's permit number, social security
number and/or his/her state or federally issued tax identification
number.
(11)
A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the
business. The sketch or diagram need not be professionally prepared,
but it must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
(12)
If an applicant wishes to operate a sexually oriented business, which shall exhibit on the premises, in a view room or booth of less than 150 square feet of floor space, films, video cassettes, other vide reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall also comply with the application requirements set forth in § 94-12 of this chapter.
(14)
An infection plan to protect employees and the public
from bodily fluids of infectious contamination. A copy of the plan
shall be attached to the application and shall be OSHA (Occupational
Safety and Health Act) compliant.
F.
Before any applicant may be issued a sexually oriented
business employee license, the applicant shall submit, on a form provided
by the Township, the following information:
(1)
The applicant's name or any other name (including
"stage" names) or aliases used by the individual.
(2)
Age, date and place of birth.
(3)
Height, weight, hair and eye color.
(4)
Present residence address and telephone number.
(5)
Present business address and telephone number.
(6)
Date, issuing state and number of driver's license
or other identification card information.
(7)
Social security number.
(8)
Proof that the individual is at least 18 years of
age.
G.
Attached to the application form for a sexually oriented
business employee license as provided above, shall be the following:
(1)
A color photograph clearly showing the applicant's
face, to be taken at the time the application is filed, which photograph
shall be used to complete the criminal background check required by
this chapter.
(2)
A statement detailing the license history of the applicant
for five years immediately preceding the date of the filing of the
application, including whether such applicant previously operated
or is seeking to operate, in this or any other county, municipality,
state or country any sexually oriented business or has ever had a
license, permit or authorization to operate a sexually oriented business
denied, revoked or suspended, or had any professional or vocational
license or permit denied, revoked or suspended. In the event of any
such denial, revocation or suspension, state the name of the issuing
or denying jurisdiction and describe in full the reason for the denial,
revocation or suspension. A copy of any order of denial, revocation
or suspension shall be attached to the application.
(3)
A statement whether the applicant has been convicted
of a specified criminal activity as defined in this chapter and, if
so, the specified criminal activity involved, the date, place and
jurisdiction of each.
(4)
A statement acknowledging that the employee has reviewed
the infectious control plan adopted by the sexually oriented business.
H.
Any and all sexually oriented businesses in operation
within the Township, as of the effective date of this chapter, must
apply for the required licenses and pay any applicable license fee
under this chapter within five months after the effective date of
this chapter and furthermore must come into full compliance with this
chapter within six months after the effective date of this chapter.
I.
To the extent permitted by law, all applications for
licenses required by this chapter, and materials submitted therewith,
shall be maintained by the Township in a confidential file.
A.
Upon the filing of a fully completed application form
for a sexually oriented business license or employee license, the
Township shall issue a temporary license to said applicant which shall
entitle the applicant to operate the sexually oriented business or
work as an employee. The application shall then be referred to the
Township Zoning Officer as the Licensing Administrator for purposes
of this chapter for an investigation to be made on such information
as is contained on the application. The processing and investigation
of the applicant shall be completed within 30 days of the date that
the fully completed application is filed with the Township. Any incomplete
application shall be returned to the applicant and the thirty-day
period for processing and investigation shall not commence until a
fully completed application has been filed. After the processing and
investigation, the Township shall issue a permanent license, unless
it is determined by a preponderance of the evidence that one or more
of the following findings is true:
(1)
The applicant has falsely answered a question or request
for information on the application form.
(2)
The applicant is under the age of 18 years.
(3)
The applicant has been convicted of a specified criminal
activity as defined in this chapter.
(4)
The license is to be used for operation of a business
or employment in a business prohibited by local or state law, statute,
rule or regulation or prohibited by a particular provision of this
chapter.
(5)
The applicant has had a sexually oriented business
license or sexually oriented business employee license revoked by
the Township or any other jurisdiction within one year of the date
of the current application.
(6)
The required application, investigation and license
fees have not been paid.
(7)
The application demonstrates that the proposed sexually
oriented business is in violation of or is not in compliance with
any provisions of this chapter.
(8)
If the sexually oriented business license or sexually oriented business employee license is denied, the temporary license previously issued shall remain in effect during all appeals. Denial, non-renewal, suspension or revocation of a license issued pursuant to the subsection shall be subject to appeal as set forth in § 94-9.
B.
A license granted pursuant to the section shall be subject to annual review upon the written application of the applicant and a finding by the Township that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous licensee that would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 94-5.
C.
The license, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date, the address of the sexually oriented business or employee and
the specific classification of sexually oriented use for which the
license is issued. All licenses shall be posted in a conspicuous place
at or near the entrance of the sexually oriented business so that
they may be easily read at any time.
D.
Applications for license required by the Township
under this chapter shall be processed and either denied or approved
within 30 days after a complete application is filed with the Township.
A letter notifying the applicant of such denial or approval shall
be mailed to the applicant within 30 days of the submittal of a complete
application. If the Township fails to render a decision granting,
denying or renewing a license required by this chapter within 30 days
after a complete application is filed with the Township, the permanent
license required by this chapter shall be deemed to have been approved.
The "deemed approval" rule shall apply to both applications for sexually
oriented business licenses and sexually oriented business employee
license.
E.
A sexually oriented business license shall be issued
for the specific classification of a sexually oriented use permitted
by this chapter and for which application has been made.
A.
Every application for a new sexually oriented business
license shall be accompanied by a nonrefundable application and investigation
fee in an amount to be set by resolution of the Board of Supervisors.
B.
Every application for renewal of an existing sexually
oriented business license shall be accompanied by an annual nonrefundable
renewal license fee within 30 days of license renewal. Said fee shall
be set by resolution of the Board of Supervisors.
C.
Every application for a sexually oriented business
employee license (whether for a new license or for renewal of an existing
license) shall be accompanied by an annual nonrefundable application,
investigation and license fee. Said fee shall be set by resolution
of the Board of Supervisors.
D.
All license applications and fees shall be submitted
to the office of the Township Secretary/Treasurer, and thereafter,
the application shall be forwarded to the Township Zoning Officer
designated as Licensing Administrator for review, investigation and
approval or denial.
Subject to the consent of an applicant or licensee,
the Township Zoning Officer may inspect the premises of sexually oriented
businesses for purposes of ensuring compliance with this chapter during
any time it is open for business. In the event that the Township Zoning
Officer has probable cause to believe that a sexually oriented business
is operating in violation of this chapter, he may inspect the premises
of the sexually oriented business for purposes of ensuring compliance
with this chapter during any time it is open for business.
A.
Each license issued under this chapter shall expire one year from the date of issuance and may be renewed only by making application as provided in § 94-3. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
B.
When the Township Zoning Officer denies renewal of
a license, the applicant shall not be issued a new license for one
year from the date of denial. If, subsequent to denial, the Township
Zoning Officer finds that the basis for denial of the renewal license
has been corrected and abated, the applicant may be granted a license
if at least 90 days have elapsed since the date denial became final.
A.
The Township Zoning Officer shall suspend a license
for a period of not to exceed 30 days if he determines that a licensee
or an employee of a licensee has violated or is not in compliance
with any provision of this chapter.
B.
The Township Zoning Officer shall revoke a license if a cause of suspension in Subsection C(1) occurs and the license has been suspended within the preceding 12 months.
C.
The Township Zoning Officer shall revoke a license
if he determines that:
(1)
A licensee gave false or misleading information in
the material submitted during the application process.
(2)
A licensee has knowingly allowed possession, use or
sale of controlled substances on the premises.
(3)
A licensee has knowingly allowed prostitution on the
premises.
(4)
A licensee knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended.
(5)
A licensee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or other sex act
to occur in or on the licensed premises.
(6)
A licensee is delinquent in payment to the Township,
county or state for any taxes or fees past due.
(7)
A licensee has failed to develop and follow an infectious
control plan to protect employees and the public.
D.
When the Township Zoning Officer revokes the license,
the revocation shall continue for one year, and a licensee shall not
be issued a new sexually oriented business license for one year from
the date the revocation becomes effective.
A.
All license application denial, renewal, suspension
or revocation decisions shall be sent in writing to the applicant
or licensee. All such decisions which deny, refuse to renew, suspend
or revoke a license shall state specifically the ordinance requirement
not met and any other basis for the decision. After denial of an application,
or denial or a renewal of an application, or after suspension or revocation
of any license, the applicant or licensee may appeal pursuant to procedures
of the Local Agency Law (2 Pa.C.S.A. § 101 et seq.) to the
Township Board of Supervisors, except as modified herein. Any such
appeal must be filed, in writing, with the Township Secretary, within
10 days from the date of the mailing of the decision appealed from
and shall specify, in detail, the basis for the appeal. Failure or
refusal to file said appeal or to specify the basis of said appeal
shall be deemed a conclusive determination as to the issues or matters
addressed by the written decision. If an appeal is timely filed, the
Township Board of Supervisors will then hold a Local Agency Law hearing
pursuant to 2 Pa.C.S.A. § 101 et seq., within 20 days from
the date the appeal is filed and will render a written decision within
10 days from the date such hearing concludes. In the case of a denial
of a license or license renewal, or in the case of a license suspension
or revocation, the licensee may continue to operate to the same extent
as immediately prior to the suspension or revocation until the earlier
of the expiration of the ten-day appeal period without filing an appeal
or the date of final decision dismissing any appeal.
B.
Any person aggrieved by a decision of the Township
Board of Supervisors may appeal to a court of competent jurisdiction
pursuant to the Local Agency Law (2 Pa.C.S.A. § 101 et seq.)
and 42 Pa.C.S.A. § 933(a)(2). The Township shall, upon filing
of such appeal, consent to any request by a license applicant or licensee
to the court to give expedited review of such appeal. The Township
shall certify any record to the court within 20 days after the appeal
is filed. In the case of a denial of a license or license renewal,
or in the case of a license suspension or revocation, the license
may continue to operate to the same extent as immediately prior to
the suspension or revocation until the earlier of the expiration of
the thirty-day appeal period without filing an appeal or the date
of a decision dismissing an appeal by a court of competent jurisdiction.
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 licensed sexually oriented business may not
be substantially enlarged without a new license.
A.
A person who operates or causes to be operated a sexually
oriented business, which exhibits on the premises in a viewing room
of less than 150 square feet of floor space a film, video cassette,
live entertainment or other video reproduction which depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
(1)
Upon application for a sexually oriented business
license, the application shall be accompanied by a diagram of the
premises showing a plan thereof specifying the location of one or
more manager's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which patrons
will not be permitted. A manager's station may not exceed 32 square
feet of floor area. The diagram shall also designate the place at
which the permit will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The Township
may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certified that
the configuration of the premises has not been altered since it was
prepared.
(2)
The application shall be sworn to be true and correct
by the applicant.
(3)
No alteration in the configuration or location of
the manager's station may be made without the prior approval of the
Township.
(4)
It is the duty of the licensee of the premises to
ensure that at least one licensed employee is on duty and situated
in each manger's station at any time that any patron is present inside
the premises.
(5)
The interior of the premises shall be configured in
such a manner that there is an unobstructed view from a manager's
station of every area of the premises to which any patron is permitted
access for any purpose excluding rest rooms. Rest rooms may not contain
video reproduction equipment. The view required by this subsection
must be by direct line of sight from the manager's station.
(6)
It shall be the duty of the licensee to ensure that the view area specified in Subsection A(6) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as a area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
(7)
No viewing room may be occupied by more than one person
at any time.
(8)
The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to which
patrons are permitted access at an illumination of not less than one
footcandle as measured at the floor level.
(9)
It shall be the duty of the licensees to ensure that
the illumination described above is maintained at all times that any
patron is present in the premises.
(10)
No licensee shall allow openings of any kind to exist
between viewing rooms or booths.
(11)
No person shall make or attempt to make an opening
of any kind between viewing booths or rooms.
(12)
The licensee shall, during each business day, regularly
inspect the walls between the viewing booths to determine if any openings
or holes exist.
(13)
The licensee shall cause all floor coverings in viewing
booths to be nonporous, easily cleanable surfaces, with no rugs or
carpeting.
(14)
The licensee shall cause all wall surfaces and ceiling
surfaces in viewing booths to be constructed of, or permanently covered
by, nonporous, easily cleanable material. No wood, plywood, composition
board or other porous material shall be used within 48 inches of the
floor.
(15)
A licensee shall brief all employees as to the approved
infectious control plan and OSHA regulations before and during employment
at intervals of no more than six months.
It shall be a violation of this chapter for
a person to knowingly or intentionally in a sexually oriented business
appear in a semi-nude or nude condition unless the person is an employee,
licensed under this chapter, who while nude or semi-nude, shall be
at least two feet from any patron or customer and on a stage at least
two feet from the floor.
A.
A nude model studio shall not employ any person under
the age of 18 years.
B.
A person under the age of 18 years commits a violation
of this chapter if the person appears semi-nude or in a state of nudity
and/or on the premises of a nude model studio.
C.
A person commits a violation of this chapter if the
person appears in a state of nudity, or knowingly allows another to
appear in a state of nudity on a nude model studio's premises, where
said person can be viewed from the public right-of-way.
D.
A nude model studio shall not place or permit a bed,
sofa or mattress in any room on the premises, except that a sofa may
be placed in a reception room open to the public.
B.
For purposes of this chapter, a "public place" includes
all outdoor areas owned by or open to the general public, including,
but not limited to, places of entertainment, taverns, restaurants,
clubs, theaters, dance halls, banquet halls, party rooms or halls
limited to specific members and party rooms or halls restricted to
adults or to patrons invited to attend, whether or not an admission
charge is levied. The section shall not apply to:
C.
It is the intention of the Township that this section
be construed, enforced and interpreted in such a manner as will cause
the least possible infringement on the constitutional rights of free
speech, free expression, due process, equal protection or other fundamental
rights.
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 8:00 a.m., Monday-Saturday or after 10:00 p.m.,
Monday-Saturday. A sexually oriented business shall be closed at all
times on Sundays and federal and state recognized holidays.
[Amended 12-11-2003 by Ord. No. 2003-18]
A.
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a district justice 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
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 chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
B.
The Township may enforce any violation of this chapter
through an equity action brought in the Court of Common Pleas of York
County.
