A.
It is hereby determined that adult entertainment uses,
as defined by this chapter, tend to bring with them secondary concerns
that impact on the health, safety and general welfare concerns of
the Township of Ridley. These associated concerns include difficulties
for law enforcement, municipal maintenance, trash, deleterious effects
on business and residential property values, increased crime, particularly
corruption of the morals of minors and prostitution, and encourage
residents and businesses to move elsewhere.
B.
With these goals in mind, the Township of Ridley is
amending this chapter to restrict or limit the location of where said
activities can locate within the bounds of the Township of Ridley.
The Township of Ridley has concluded that a permitting and/or licensing
process is a legitimate and reasonable means of accountability to
ensure that the operators of adult entertainment uses comply with
reasonable regulation and do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation. The
Township of Ridley also does not intend by this chapter to affect
or suppress any activities protected by the First Amendment but instead
address these secondary effects.
As used in this article, the following terms
shall have the meanings indicated:
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-producing devices are maintained
to show images to five or fewer persons per machine at any one time
or where the image is so displayed or distinguished or characterized
by depicting or describing "specified sexual activities" or "specified
anatomical areas."
Offering "adult entertainment"; any cabaret, dance hall club,
tavern, bar, night club, restaurant or similar commercial establishment
offering entertainment used for presenting material distinguished
or characterized by an emphasis on matter depicting or describing
"specified sexual activities" or "specified anatomical areas," for
observation by patrons therein whether or not liquor is sold on the
premises. Such presentation or material may be live or through films,
motion pictures, video cassettes, slides or other photographic reproduction
depicting or describing "specified sexual activities" or "specified
anatomical areas."
Live or non-live entertainment containing "specified sexual
activities" or displaying or presenting "specified anatomical areas."
This definition is a broad overall definition which includes the activities
adult cabaret, adult dance hall, adult club, adult bar, adult tavern,
adult materials sales, adult mini-motion-picture theater, adult motion-picture
theater and peep shows as part of its definition for adult entertainment.
Book, video, magazine rentals, other printed
matter, photographs, films, motion-picture video or production slides
or other visual representation and/or sales where the locations offer
the showing or displaying of matter depicting or describing "specified
sexual activities" or "specified anatomical areas" for observation
by patrons on the premises. This does not apply to the availability
for sale of any material displayed in such a way that only the name
of the book or magazine appears. This also does not include rentals
and/or sales for use of such materials off the premises of said establishment.
Instruments, devices or paraphernalia which
are used for presenting material distinguished or characterized by
an emphasis on matter depicting or describing "specified sexual activities"
or "specified anatomical areas."
Such a commercial establishment as listed in Subsection A and B may have other principal business purposes that do not involve the offering for sale or rental of material depicted or describing "specified sexual activities" or "specified anatomical areas" and still be characterized as adult material sales. Such other business purposes will not serve to exempt such commercial establishments from being categorized as adult material sales so long as one of its principal business purposes is the offering for sale or rental for consideration in specified materials used for presenting material distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas."
Any enclosed or semienclosed or unenclosed building which
houses a commercial establishment with the capacity for less than
50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing "specified sexual
activities" or "specified anatomical areas," for observation by patrons
therein.
A hotel, motel or similar commercial establishment which:
Offers accommodation to the public for any form
of consideration; provides patrons of closed circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproduction which are used for presenting material distinguished
or characterized by an emphasis on matter depicting or describing
"specified sexual activities" or "specified anatomical areas."
Any enclosed or partially enclosed or unenclosed building
which houses a commercial establishment with the capacity of 50 or
more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing "specified sexual
activities" or "specified anatomical areas" for observation by patrons
therein.
A person who applies by filling out an application for a
permit for an "adult entertainment" business.
A department and/or agency of the Township after inspection
of the premises for adult entertainment writes a report to the Code
Zoning Officer regarding compliance or noncompliance.
The opening or commencement of any adult entertainment
as a new business;
The conversion of an existing business, whether
or not an adult entertainment, to an adult entertainment business;
The additions of any adult entertainment business
to any other existing adult entertainment business; or
The relocation of any adult entertainment business.
The appearance of the specified anatomical areas without
any coverings on the body area.
Any enclosed or semienclosed or unenclosed building/enclosure
which houses a commercial establishment with the capacity for one
person used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing "specified sexual
activity" or "specified anatomical areas" for observation by parties
therein.
A person or persons who has a permit and/or license to operate
an adult entertainment has been issued, as well as the individual
or individuals listed as an applicant on the application for permit
and/or license.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
State of dress in which clothing partially or opaquely covers
specified anatomical areas.
A business or commercial enterprise that as one of its primary
business purposes offers for any form of consideration:
The sale, lease or sublease of a business;
The transfer of securities which constitutes
a controlling interest in the business whether by sale, exchange or
similar means; or
The establishment of a trust, gift or other
similar device which transfers the ownership or control of the business
except for transfer by a bequest or other operation of law upon the
death of a person possessing the ownership or control.
A.
Only in the industrial districts, in addition to those uses by special exception stated in Article IX, § 325-111, the land, buildings or premises shall be by special exception only for the following additional uses:
(1)
Adult arcade.
(2)
Adult cabaret, adult dance hall, adult club, adult
bar, adult tavern, night club, restaurant or similar commercial establishment.
(3)
Adult entertainment.
(4)
Adult material rental and sales.
(5)
Adult mini-motion-picture theater.
(6)
Adult motel.
(7)
Adult motion-picture theater.
(8)
Peep shows.
(9)
Sexual encounter center.
B.
The above additional uses are allowed by permit only
in the Industrial District if the property line of this use is greater
than 650 feet from the property lines of a:
C.
For purposes of this chapter, measures shall be made
in a straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a part
of the premises where an adult entertainment business is conducted,
to the nearest property line of a school, house of worship, Township-owned
park and/or residential district.
A.
The Zoning Officer upon submission to the Township
of an application shall present the applicant with a building permit
for adult entertainment business(s) as follows:
(1)
In the Industrial Districts, a permit shall be issued only if the applicant is successful in obtaining a special exception for the proposed type of adult entertainment and the application successfully meets all health, use and occupancy and/or building permit requirements as defined in the pertinent ordinances and their amendments/revisions and the location of said use is demonstrated to comply with § 325-127 above.
B.
The application for a permit to operate an adult entertainment
business must be made on the form provided by the Zoning Officer of
the Township. The application must be accompanied by a sketch or diagram
showing the configuration of the premises, including a statement of
the total floor space occupied by the business. The sketch or diagram
need not be professionally prepared, but at least be drawn to a designated
scale or drawn with marked dimensions on the interior and exterior
of the premises to an accuracy of plus or minus six inches.
C.
The applicant must be qualified according to the provisions
of this chapter and the premises must be inspected and found to be
in compliance with the law by the Zoning Officer, the Fire Marshal
and the Police.
D.
If a person wishes to operate an adult entertainment
business as an individual, he (she) must sign the application for
permit as an applicant. If a person who wishes to operate an adult
entertainment business is other than an individual, each individual
that has 10% or greater interest in the business must sign the application
for permit as an applicant. If a corporation is listed as owner of
an adult entertainment business or as the entity which wishes to operate
such a business, each individual having a direct or indirect interest
of 10% or greater in the corporation must sign the application for
permit as an applicant.
E.
The fact that a person possesses other types of Township
permit(s) does not exempt the person from the requirement of obtaining
an adult entertainment business permit.
F.
The Zoning Officer shall approve the issuance of a
permit to an applicant within 30 days after applicant is awarded a
special exception by the Zoning Hearing Board of the Township of Ridley
and will not approve a permit if the Zoning Officer finds one or more
of the following to be true:
(1)
Applicant is under 18 years of age.
(2)
Applicant or applicant's spouse is overdue on his
or her payment to the Township of taxes, fees, fines or penalties
assessed against him or her or imposed upon him or her in relation
to an adult entertainment business.
(3)
Applicant has failed to provide information reasonably
necessary for issuance of the permit or has falsely answered a question
or request for information on the application form.
(4)
Permit to be used for the adult entertainment business
has been reviewed and has been disapproved by either the Zoning Officer,
the Fire Marshal or the police as not being in compliance with the
applicable laws and ordinances.
(5)
The permit fee required by this chapter has not been
paid or the permit fees for health, use, occupancy and/or building
permits have not been complied with or the fees were not paid before.
(6)
Applicant of the proposed establishment is in violation
of or is not in compliance with any of the provision of this chapter.
G.
The permit, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date and the address of the adult entertainment business. The permit
shall be posted in a conspicuous place at or near the entrance of
the adult entertainment business so it can be read at any time.
H.
The permit, if granted, shall have a life of one year
from the date of issuance. At that time, the applicant must file another
application before the expiration of the permit in order to continue
doing business without interruption. Application for renewal should
be made at least 30 days before the expiration date. When an application
is made less than 30 days before the expiration date, the pendency
of the application will not prevent the expiration of the permit.
Again, all of the above rules listed in this section and the entire
article must be complied with as if a new permit is being issued.
I.
The Zoning Officer, Fire Marshal and the police shall
complete their certification that the premises is in compliance or
not in compliance within 20 days of receipt of the application by
the Zoning Officer. This certification shall be promptly presented
to the Zoning Officer.
J.
If the Township Zoning Officer denies a renewal of
a license, the applicant shall not be issued a permit for one year
from the date of denial, except that after 90 days of lapse since
the date of denial, the applicant may be granted a permit if the Zoning
Officer finds that the basis for denial of the renewal permit has
been corrected or abated.
A.
An applicant or permittee shall permit representatives
of the police, Fire Marshal, Zoning Officer or other Township departments
or agencies to inspect the premises of an adult entertainment business
for the purpose of ensuring compliance with the law at any time the
adult entertainment business is occupied or open for business. These
inspection departments/agencies shall certify in writing to the Code
Enforcement Officer whether compliance is achieved.
B.
A person who operates an adult entertainment business
or his agent or employee violates this Zoning Chapter if he refuses
to permit such lawful inspection of the premises at any time it is
occupied or open for business.
[Amended 10-25-2000 by Ord. No. 1808]
The annual fee for an adult entertainment business
permit is as set from time to time by resolution of the Board of Commissioners.
The Zoning Officer shall suspend a permit for
a period not to exceed 30 days if he determines that a permittee or
an employee of the permittee has:
A.
The Zoning Officer shall revoke a permit if a cause of suspension set forth in § 325-131 occurred and the permit has been suspended within the preceding 12 months.
B.
The Zoning Officer shall also have the power to revoke
a permit if he determines that:
(1)
A permittee or any of the persons specified has given
false or misleading information or materials submitted to the Township
during the application process.
(2)
A permittee or employee of the permittee has knowingly
allowed prostitution on the premises as defined by the Pennsylvania
Crime Codes.
(3)
A permittee or employee of the permittee knowingly
operated the adult entertainment business during a period of time
when the permittee's permit was suspended or revoked.
(4)
A permittee or employee of the permittee knowingly
allowed any action of sexual intercourse, sodomy, oral copulation,
masturbation or other sexual conduct to occur in or on the permitted
premises.
(5)
A permittee is delinquent in payment of the Township
or state for any taxes or fees past due.
C.
When the Zoning Officer revokes the permit, the revocation
shall continue for one year and the permittee shall not be issued
an adult entertainment business permit for one year from when the
date of revocation became effective. If, subsequent to revocation,
the Zoning Officer finds that the basis for the revocation has been
corrected or abated, the applicant may be granted a permit 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 a permit, the applicant
or licensee or permittee 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 permittee shall not transfer his permit to
another person nor shall a permittee operate an adult entertainment
business under the authority of a permit at any place other than the
address designated within the application.
It is a defense to prosecution under this article
that a person appearing in a state of nudity did so in a modeling
class operated as follows:
A.
By a proprietary school licensed by the Commonwealth
of Pennsylvania or 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 any college, junior college or university supported entirely or
partly by taxation.
A person who operates or causes to be operated
an adult entertainment business without a valid permit or in violation
of this article is subject to an action in equity or a suit for injunction
as well as citations for violations of this Zoning Chapter.
Any person who violates any provision of this article shall be subject to the penalties set forth in § 325-4D of this chapter.
