It is the purpose of this article to regulate
sexually oriented businesses to promote the health, safety and general
welfare of the citizens of the Township and to establish reasonable
and uniform regulations to prevent the continued deleterious location
and concentration of sexually oriented businesses within the Township.
The provisions of this chapter have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
not the intent nor effect of this chapter to restrict or deny access
by adults to sexually oriented materials protected by the First Amendment
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this chapter to condone or legitimize the distribution of
obscene material.
As used in this article, the following terms
shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained 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 of specified anatomical
areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
A commercial establishment which has a substantial
or significant portion of its stock-in-trade, and offers for sale
or rental for any form of consideration, any one or more of the following:
(1)
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes or
video reproductions, slides or other visual representations distinguished
or characterized by their emphasis on matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas; or
(2)
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
B.
A commercial establishment may have substantial
or significant portions of its stock-in-trade in other goods and/or
services that do not involve the offering for sale or rental of material
distinguished or characterized by its emphasis on matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas and still be categorized as an adult bookstore or
adult video store. Such other business purposes will not serve to
exempt such commercial establishment from being categorized as an
adult bookstore or adult video store so long as one of its principal
business purposes meets the definition of an adult bookstore or adult
video store set forth above.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in the state of nudity;
B.
Live performance which are characterized by
the exposure of the specified anatomical areas or by specified sexual
activities; or
C.
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right-of-way which advertises
the availability of this adult-type of photographic reproductions;
or
B.
Offers sleeping rooms for rent four or more
times in one calendar day during five or more calendar days in any
continuous thirty-day period.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions 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, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
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.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
NUDE MOTEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
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 seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in the state of sexual arousal and/or the
vulva or more intimate part of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes 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 or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
TOWNSHIP
The Township of Lower Providence.
TRANSFER OF OWNERSHIP OR CONTROL OF 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.
Sexually oriented businesses are classified
as follows:
B. Adult bookstores or adult video stores;
E. Adult motion-pictures theaters;
I. Sexual encounter centers.
The annual fee for a sexually oriented business
permit is $500.
The Code Enforcement Officer shall suspend a
permit for a period not to exceed 30 days if he determines that a
permittee or an employee of a permittee has:
A. Violated or is not in compliance with any section
of this chapter;
B. Engaged in excessive use of alcoholic beverages while
on the sexually oriented business premises;
C. Refused to allow an inspection of the sexually oriented
business premises as authorized by this chapter;
D. Knowingly permitted gambling by any person on the
sexually oriented business premises; or
E. Failed to staff managers' stations and/or maintain
viewing rooms as set forth in this article.
A permittee shall not transfer his permit to
another person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place other than the
address designate in the application.
It is a defense to prosecution under §§
143-221 and
143-228 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, or 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;
(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.
A person who operates or causes to be operated
a sexually oriented business without a valid permit or in violation
of this chapter is subject to an action in equity or a suit for injunction
as well as citations for violations of the Zoning Ordinance.
The provisions of this article are severable
and if any section, sentence, clause, part or provision hereof shall
be held illegal, invalid or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect the remaining
sections, sentences, clauses, parts or provisions of this article.
It is hereby declared to be the intent of the Board that this article
would have been adopted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been herein.
This article shall take effect and be in force
from and after its enactment as required by law.