As used in this chapter, the following words
and phrases shall have the meanings indicated unless the context clearly
indicates a different meaning:
ADULT BOOKSTORE
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.
ADULT CABARET
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.
ADULT ENTERTAINMENT
A.
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.
B.
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.
C.
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."
ADULT THEATER
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.
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, 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.
ESCORT
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.
ESCORT AGENCY
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.
ESTABLISHMENT or ESTABLISH
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
or sexually oriented use to any other existing sexually oriented use.
D.
The relocation of any sexually oriented business.
KNOWINGLY
having a general knowledge of, or reason to know, or a belief
or grounds for belief which warrants further inspection or inquiry
or either:
A.
The character and content of any material or
performance described herein which is reasonably susceptible of examination
by a licensee or persons.
B.
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.
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 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:
A.
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.
B.
In order to participate in a class, a student
must enroll at least three days in advance of the class.
C.
No more than one nude or semi-nude model is
in any one room on the premises at 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 fully opaque
covering of any part of the nipple, 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.
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 semi-nudity.
SEXUALLY ORIENTED BUSINESS
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.
SPECIFIED ANATOMICAL AREAS
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.
SPECIFIED CRIMINAL ACTIVITY
A.
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.
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
a misdemeanor offense.
(2)
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.
(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 offense or combination of misdemeanor
offenses occurring within any twenty-four-hour period.
C.
The fact that a conviction is being appealed
shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES
A.
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breast.
B.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, masturbation or sodomy.
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B above.
D.
Human genitals in a state of sexual stimulation
or arousal.
SUBSTANTIAL ENLARGEMENT
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.
TRANSFER OF OWNERSHIP OR CONTROL
A.
The sale, lease or sublease of a sexually oriented
business.
B.
The establishment or a trust, gift or other
similar legal device which transfers the ownership or control of a
sexually oriented business.
C.
Any change in the identity of the officers or
directors of a corporation operating a sexually oriented business.
VIEWING BOOTHS
Booths, stalls, partitioned portions of a room, rooms or
other enclosures that are available for viewing:
A.
Films, movies, videos or visual reproductions
of any kind depicting or describing "specified anatomical areas."
B.
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."
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 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.
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 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.