[Adopted 7-17-1997 by Ord. No. 242]
A.
Purpose.
(1)
Pursuant to the authority granted in the Second Class Township Code
to prohibit nuisances, to promote the health, cleanliness, comfort
and safety of the citizens of Forks Township, and to regulate the
time of opening and closing, and the conduct of places of public entertainment,
amusement and recreation, the Township of Forks enacts this article
to minimize and control the adverse effects of adult entertainment
businesses and thereby protect the health, safety and welfare of its
citizens; protect the citizens from increased crime; preserve the
quality of life; preserve the property values and character of surrounding
neighborhoods; and deter the spread of blight.
(2)
The Board of Supervisors has determined that locational criteria
alone does not adequately protect the health, safety and general welfare
of the people of the Township, and that licensing is a legitimate
and reasonable means of accountability to ensure that operators of
adult entertainment 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.
(3)
The Board of Supervisors does not intend this article to suppress
any speech activities protected by the First Amendment, but to enact
a content-neutral ordinance which addresses the secondary effects
of adult entertainment businesses.
B.
Findings.
The Board of Supervisors finds:
(1)
Specific findings.
(a)
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that may go uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make the owners of these establishments responsible for the activities
that occur on their premises.
(b)
Certain employees of sexually oriented businesses defined in this
article as adult theaters and cabarets engage in a higher incidence
of certain types of sexually oriented behavior at these businesses
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, as defined under this article as adult bookstores, adult
novelty shops, adult video stores, adult motion-picture theaters or
adult arcades.
(d)
Offering and providing such space encourages such activities, which
create unhealthy conditions.
(e)
Persons frequent certain adult theaters, adult arcades and other
sexually oriented businesses for the purpose of engaging in sex 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 infection (AIDS), genital
herpes, hepatitis B, non-B amebiasis, salmonella infections and shigella
infections.
(g)
Since 1981 and to the present, there have been an increasing cumulative
number of reported cases of AIDS caused by the human immunodeficiency
virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600
in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.
(h)
As of May 1, 1995, there have been 13,559 reported cases of AIDS
in the State of Pennsylvania.
(i)
Since 1981 and to the present, there have been an increasing cumulative
number of persons testing positive for the HIV antibody test in Northampton
County, Pennsylvania.
(j)
The number of cases of early (less than one year) syphilis in the
United States reported annually has risen, with 33,613 cases reported
in 1982 and 45,200 through November of 1990.
(k)
The number of cases of gonorrhea in the United States reported annually
remains at a high level, with over one-half million cases being reported
in 1990.
(l)
The surgeon general of the United States in his report of October
22, 1986, 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.
(m)
According to the best scientific evidence, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by
sexual acts.
(n)
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.
(o)
Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view adult
oriented films.
(2)
The findings noted in the subsection above raise substantial governmental
concerns.
(3)
Adult entertainment businesses have operational characteristics which
should be reasonably regulated in order to protect those substantial
governmental concerns.
(4)
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the adult entertainment businesses. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see that the adult entertainment 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
the adult entertainment business, fully in possession and control
of the premises and activities occurring therein.
(5)
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 theaters.
(6)
Requiring licensees of adult entertainment 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.
(7)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the adult
entertainment 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.
(8)
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 article is designed to prevent
or who are likely to be witnesses to such activity.
(9)
The fact that an applicant for an adult use 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 article.
(10)
The barring of such individuals from the management of adult uses
for a period of years serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases.
(11)
The general welfare, health and safety of the citizens of the Township
will be promoted by the enactment of this article.
As used in this article the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning.
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated or for any form of consideration, electronically,
electrically or mechanically controlled still- or motion-picture machines,
projectors, video or laser disc players, 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 or specified anatomical areas.
A commercial establishment which, as one of its principal purposes,
offers for sale or rental for any form of consideration any one or
more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore, adult novelty store
or adult video store. Such other business purposes will not serve
to exempt such commercial establishments from being categorized, as
an adult bookstore, adult novelty store or adult video store so long
as one of its business purposes is the offering for sale or rental
for consideration the specified materials which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
Having general knowledge of or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person; and
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.
A person in whose name a license to operate an adult entertainment
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 an adult entertainment business.
Any of the following offenses: 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; distribution of a controlled
substance; or any similar offenses to those described above under
the criminal or penal code of 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 of a misdemeanor
offense;
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
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.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
The increase in floor area occupied by the business by more
than 25%, as the floor area exists on June 30, 1997.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
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.
A.
It is unlawful:
(1)
For any person to operate an adult entertainment business without
a valid adult entertainment business license issued by the Township
pursuant to this article;
(2)
For any person who operates an adult entertainment business to employ
a person to work for the adult entertainment business who is not licensed
as an adult entertainment business employee by the Township pursuant
to this article; or
(3)
For any person to obtain employment with an adult entertainment business
without having secured an adult entertainment business employee license
pursuant to this article.
B.
An application for a license must be made on a form provided by the
Township.
C.
All applicants must be qualified according to the provisions of this
article. The application may request, and the applicant shall provide,
such information (including fingerprints) as to enable the Township
to determine whether the applicant meets the qualifications established
in this article.
D.
If a person who wishes to operate an adult entertainment business
is an individual, the person must sign the application for a license
as applicant. If a person who wishes to operate an adult entertainment
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 an 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 an adult entertainment business license
shall contain the following information and shall be accompanied by
the following documents:
(1)
If the applicant is:
(a)
An 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)
A 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)
A corporation, the corporation shall state its complete name,
the date of its incorporation, 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 principal stockholders, the
name of the registered corporate agent and the address of the registered
office for service of process.
(2)
If the applicant intends to operate the adult entertainment business
under a name other than that of the applicant; he or she must state
the adult entertainment business' fictitious name and submit
the required registration documents.
(3)
Whether the applicant, or a person residing with the applicant, has
been convicted of a specified criminal activity as defined in this
article, and, if so, the specified criminal activity involved and
the date, place and jurisdiction of each.
(4)
Whether the applicant, or a person residing with the applicant, has
had a previous license under this article or other similar adult entertainment
business ordinance from another municipality or county denied, suspended
or revoked, including the name and location of the adult entertainment
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 or a person residing with the applicant has been a partner
in a partnership or an officer, director or principal stockholder
of a corporation that is licensed under this article whose license
has previously been denied, suspended or revoked, including the name
and location of the adult entertainment business for which the permit
was denied, suspended or revoked as well as the date of denial, suspension
or revocation.
(5)
Whether the applicant or a person residing with the applicant holds
any other licenses under this article or other similar adult entertainment
business ordinance from another municipality or county, and, if so,
the names and locations of such other licensed businesses.
(6)
The specific classification of adult entertainment use license for
which the applicant is filing.
(7)
The location of the proposed adult entertainment 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)
A current certificate and straight-line drawing prepared within 30
days prior to application by a registered land surveyor depicting
the property lines, the property to be certified and:
(a)
Any of the following located within 1,000 feet of the property
to be certified:
[1]
A church, synagogue, mosque, temple or building which is used
primarily for religious worship and related religious activities.
[2]
A public or private educational facility, including but not
limited to child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges and universities; "school" includes the school grounds,
but does not include the facilities used primarily for another purpose
and only incidentally as a school.
[3]
A licensed premises, licensed pursuant to the alcoholic beverage
control regulations of the Commonwealth of Pennsylvania.
[4]
Any other adult entertainment use.
(c)
Within 500 feet of a public park or recreational area which
has been designated for park or recreational activities, including
but not limited to parks, playgrounds, nature trails, swimming pools,
reservoirs, athletic fields, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas or other similar public land within the Township
which is under the control, operation or management of the Township
park and recreation authorities.
(d)
Within 400 feet of the right-of-way line of Sullivan Trail.
(13)
If an applicant wishes to operate an adult entertainment business, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video 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 § 65-20.
F.
Before any applicant may be issued an adult entertainment business
employee license, the applicant shall submit on a form to be 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 and 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 an adult entertainment business
employee license as provided above, shall be the following:
(1)
A color photograph of the applicant clearly showing the applicant's
face and the applicant's fingerprints on a form provided by any
Police Department. Any fees for the photographs and fingerprints shall
be paid by the applicant.
(2)
A statement detailing the license history of the applicant for the
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 business or has ever had a license, permit or authorization to
do 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,
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 article and, if so, the specified
criminal activity involved and the date, place and jurisdiction of
each.
A.
Upon the filing of said application in a fully completed form for
an adult entertainment business employee license, the Township shall
issue a temporary license to said applicant. The application shall
then be referred to the appropriate Township official and/or consultant
for an investigation to be made on such information as is contained
on the application. The application process shall be completed within
30 days from the date the completed application is filed. After the
investigation, the Township shall issue a 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 failed to provide information reasonably necessary
for issuance of the license or 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 article;
(4)
The adult entertainment business employee license is to be used for
employment in a business prohibited by local or state law, statute,
rule or regulation or prohibited by a particular provision of this
article; or
(5)
The applicant has had an adult entertainment business employee license revoked by the Township within two years of the date of the current application. If the adult entertainment business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 65-17.
B.
A license granted pursuant to this section shall be subject to annual renewal 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 article or committed any act during the existence of the previous license, which 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 § 65-13.
C.
Within 30 days after receipt of a complete adult entertainment business
application, the Township shall approve or deny the issuance of a
license to an applicant unless it is determined by a preponderance
of the evidence that one or more of the following findings is true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or a person with whom applicant is residing is overdue
in payment to the Township of taxes, fees, fines or penalties assessed
against or imposed upon him/her in relation to any business.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(4)
An applicant or a person with whom the applicant is residing has
been denied a license by the Township to operate an adult entertainment
business within the preceding 12 months or whose license to operate
an adult entertainment business has been revoked within the preceding
12 months.
(5)
An applicant or a person with whom the applicant is residing has
been convicted of a specified criminal activity defined in this article.
(6)
The premises to be used for the adult entertainment business has
not been approved by the Fire Chief and the Building Inspector as
being in compliance with applicable laws and ordinances.
(7)
The license fee required by this article has not been paid.
(8)
An applicant of the proposed establishment is in violation of or
is not in compliance with any of the provisions of this article.
D.
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 adult entertainment business and the specific classification
of adult entertainment use for which the license is issued. All licenses
shall be posted in a conspicuous place at or near the entrance to
the adult entertainment business so that they may be easily read at
any time.
E.
The Fire Chief and the Building Inspector shall complete their certification
that the premises is in compliance or not in compliance within 20
days of receipt of the application by the Township.
F.
An adult entertainment business license shall issue for the specific
classification of adult entertainment use as permitted by ordinance
and applied for.
A.
Every application for an adult entertainment business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee as
set forth from time to time by resolution of the Board of Supervisors.
B.
In addition to the application and investigation fee required above,
every adult entertainment business that is granted a license (new
or renewal) shall pay to the Township an annual nonrefundable license
fee, as set forth from time to time by resolution of the Board of
Supervisors, within 30 days of license issuance or renewal.
C.
Every application for an adult entertainment 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 as set forth from time to time by resolution of the
Board of Supervisors.
D.
All license applications and fees shall be submitted to the Township
Manager.
A.
An applicant or licensee shall permit representatives of the Township,
including the Fire Chief, the Zoning Officer or other official and/or
consultant to inspect the premises of an adult entertainment business
for the purpose of ensuring compliance with the law, at any time it
is occupied or open for business.
B.
A person who operates an adult entertainment business or his agent
or employee commits a violation of this article if he refuses to permit
such lawful inspection of the premises at any time it is occupied
or open for business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 65-11. 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 denies renewal of a license, the applicant shall
not be issued a license for one year from the date of denial. If,
subsequent to denial, the Township finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date denial became final.
The Township shall suspend a license for a period not to exceed
30 days if it determines that a licensee or an employee of a licensee
has:
A.
The Township shall revoke a license if a cause of suspension in § 65-16 occurs and the license has been suspended within the preceding 12 months.
B.
The Township shall revoke a license if it 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 adult entertainment 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; or
(6)
A licensee is delinquent in payment to the Township, county or state
for any taxes or fees past due.
C.
When the Township revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued an adult entertainment
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Township finds that the
basis for the revocation has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
D.
After denial of an application, or denial of a renewal of an application,
or suspension or revocation of any license, the applicant or licensee
may seek prompt judicial review of such administrative action in any
court of competent jurisdiction. The administrative action shall be
promptly reviewed by the court.
A licensee shall not transfer his/her license to another, nor
shall a licensee operate an adult entertainment business under the
authority of a license at any place other than the address designated
in the application.
A.
B.
Violations. A person commits a violation of this article if the person
operates or causes to be operated an adult entertainment business:
(1)
Within 1,000 feet of:
(a)
A church, synagogue, mosque, temple or building which is used
primarily for religious worship and related religious activities;
a public or private educational facility, including but not limited
to child day-care facilities, nursery schools, preschools, kindergartens,
elementary schools, private schools, intermediate schools, junior
high schools, middle schools, high schools, vocational schools, secondary
schools, continuation schools, special education schools, junior colleges
and universities; "school" includes the school grounds, but does not
include the facilities used primarily for another purpose and only
incidentally as a school.
(b)
A licensed premises, licensed pursuant to the alcoholic beverage
control regulations of the Commonwealth of Pennsylvania.
(c)
Any other adult entertainment use.
(3)
Within 500 feet of:
(a)
A public park or recreational area which has been designated
for park or recreational activities, including but not limited to
a park, playground, nature trail, swimming pool, reservoir, athletic
field, basketball or tennis court, pedestrian/bicycle path, wilderness
area or other similar public land within the Township which is under
the control, operation or management of the Township park and recreation
authorities; or
(b)
An entertainment business which is oriented primarily towards
children or family entertainment.
(4)
Within 400 feet of the right-of-way line of Sullivan Trail.
C.
A person commits a violation of this article if that person causes
or permits the operation, establishment, substantial enlargement or
transfer of ownership or control of an adult entertainment business
within 1,000 feet of another adult entertainment use.
D.
A person commits a violation of this article if that person causes
or permits the operation, establishment or maintenance of more than
one adult entertainment business in the same building, structure or
portion thereof, or the increase of floor area of any adult entertainment
business in any building, structure or portion thereof containing
another adult entertainment business.
E.
For the purpose of Subsection B, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult entertainment business is conducted, to the nearest property line of the premises of a use listed in Subsection B. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
A.
A person who operates or causes to be operated an adult entertainment
business which exhibits on the premises in a viewing room of less
than 150 square feet of floor space a film, video cassette or other
video reproductions or live entertainment which depict specified sexual
activities or specified anatomical areas, shall comply with the following
requirements:
(1)
Upon application for an adult entertainment 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 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 certifies 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 a 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 manager's
station at all times 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. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required
in this subsection must be by direct line of sight from the manager's
station.
(6)
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(5) 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 an 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 a 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 5.0 footcandles
as measured at the floor level.
(9)
It shall be the duty of the licensees to ensure that the illumination
described above as 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.
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 article
if the person appears seminude or in a state of nudity in or on the
premises of a nude model studio. It is a defense of prosecution under
this subsection if the person under 18 years was in a rest room not
open to public view or visible to any other person.
C.
A person commits a violation of this article if the person appears
in a state of nudity, or knowingly allows another to appear in a state
of nudity in an area of a nude model studio premises which 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.
A.
It shall be a violation of this article for a person who knowingly
and intentionally, in an adult entertainment business, appears in
a state of nudity or depicts specified sexual activities.
B.
It shall be a violation of this article for a person who knowingly
or intentionally in an adult entertainment business appears in a seminude
condition unless the person is an employee who, while seminude, shall
be at least 10 feet from any patron or customer and on a stage at
least two feet from the floor.
C.
It shall be a violation of this article for an employee, while seminude
in an adult entertainment business, to solicit any pay or gratuity
from any patron or customer or for any patron or customer to pay or
give any gratuity to any employee, while said employee is seminude
in an adult entertainment business.
A person commits a violation of this article if the person knowingly
allows a person under the age of 18 years on the premises of an adult
entertainment business.
No adult entertainment business may remain open at any time
between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays,
and 1:00 a.m. and 12:00 p.m. on Sundays.
It is a defense to prosecution under § 65-23 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;
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 party 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.
(3)
Where no more than one nude model is on the premises at any one time.
A.
The initial determination of violation and the service of notice
of violation shall be made by the Township Manager, or by such other
employee as the Board of Supervisors shall designate, by resolution.
B.
Any person who violates or permits a violation of this article, upon
being found liable therefor in a civil enforcement proceeding, shall
pay a fine of not less than $400 and not more than $600, plus all
court costs, including reasonable attorney's fees, incurred by
the Township in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the District Justice and/or Court. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
C.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist and for each section of this article
which is found to have been violated. All fines and penalties collected
for the violation of this article shall be paid to the Township Treasurer.
