Township of Birmingham, PA Adult Entertainment Businesses

Pursuant to the authority granted in the Second Class Township Code[1] to prohibit nuisances; to promote the health, cleanliness, comfort and safety of the citizens of Birmingham Township; and to regulate the time of opening and closing and the conduct of places of public entertainment, amusement and recreation, as well as the sale, distribution, display and exhibition of and activities concerning obscene and other sexual material as provided for in 18 Pa.C.S.A. § 5903(k) and as upheld by the United States District Court for the Eastern District of Pennsylvania in Brown v. Pornography Commission of Lower Southampton Township, 620 F.Supp. 1199 (1985), the Township of Birmingham enacts this chapter 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.

[1]

Editor's Note: See 53 P.S. § 65101 et seq.

The Board of Supervisors has determined that location 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.

The Board of Supervisors 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 adult entertainment businesses.

Findings. The Board of Supervisors finds that:

And it adopts by reference the adverse secondary effects of adult entertainment businesses presented in hearings and reports and adopted as part of other provisions of the Code of the Township of Birmingham.

The finding noted in Subsection B(1) above raises substantial governmental concerns.

Adult entertainment businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

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.

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.

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 preventing minors from working in such establishments.

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.

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 conduct which this chapter 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 chapter.

(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 chapter.

§ 39-2 Definitions.

As used in this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:

The defined terms as contained in this Code § 122-6 [1] are hereby adopted by reference and include the definitions of adult arcade; adult bookstore; adult novelty store or adult video store; adult cabaret; adult motion-picture theater; adult theater; employee; escort; escort agency; establishment; nude model studio; nudity or a state of nudity; person; seminude or in a seminude condition; sexual encounter center; sexually oriented business; specified anatomical areas; specified sexual activities; and substantial enlargement.

[1]

Editor's Note: See Ch. 122, Zoning.

Definitions. As used in this chapter, the following words and phrases shall have the meanings given to them in this subsection:

COMMUNITY

For the purpose of applying the contemporary community standards in this chapter, the state.

HARMFUL TO MINORS

That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when it:

Predominantly appeals to the prurient, shameful or morbid interest of minors;

Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

Taken as a whole, lacks serious literary, artistic, political, educational or scientific value for minors.

KNOWING

As used in Subsection A, having general knowledge of, reason to know or belief or ground for belief which warrants further inspection or inquiry of the character and content of any material or performance described therein which is reasonably susceptible of examination by the person charged with violation of this chapter.

LICENSEE

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.

MATERIAL

Any literature, including any book, magazine, pamphlet, newspaper, story paper, bumper sticker, comic book or writing, or any figure, visual representation or image, including any drawing, photograph, picture, videotape or motion picture.

MINOR

Any person under the age of 18 years.

NUDE

The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.

NUDITY

The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the nipple, or the depiction of covered male genitals in a discernibly turgid state.

OBSCENE

Any material or performance if:

The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;

The subject matter depicts or describes, in a patently offensive way, sexual conduct of a type described in this chapter; and

SPECIFIED CRIMINAL ACTIVITY

The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

PERFORMANCE

Any play, dance or other live exhibition performed before an audience.

SADOMASOCHISTIC ABUSE

In a sexual context, flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or in a bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed.

SEXUAL CONDUCT

Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, anal or oral sodomy and sexual bestiality; and patently offensive representations or descriptions of masturbation, excretory functions, sadomasochistic abuse and lewd exhibitions of the genitals.

SEXUAL EXCITEMENT

The condition of human male or female genitals when in a state of sexual stimulation or arousal.

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.

TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ENTERTAINMENT BUSINESS

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.

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.

TRANSPORTATION FACILITY

Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad cars, buses and air, boat, railroad and bus terminals and stations.

§ 39-3 License required.

It is unlawful:

For any person to operate an adult entertainment business without a valid adult entertainment business license issued by the Township pursuant to this chapter.

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 chapter.

For any person to obtain employment with an adult entertainment business without having secured an adult entertainment business employee license pursuant to this chapter.

An application for a license must be made on a form provided by the Township.

All applicants for business and employee licenses must be qualified according to the provisions of this chapter. 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 chapter.

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 applicant. Each applicant must be qualified under the following section, and each applicant shall be considered a licensee if a license is granted.

The completed application for an adult entertainment business license shall contain the following information and shall be accompanied by the following documents:

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.

If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, he or she must:

(a)

State the adult entertainment business' fictitious name; and

(b)

Submit the required registration documents.

Whether the applicant or a person residing with the applicant has been convicted of a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved and the date, place and jurisdiction of each.

Whether the applicant or a person residing with the applicant has had a previous license under this chapter, 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 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 chapter 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.

Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar adult entertainment business ordinance from another municipality or county, and if so, the names and locations of such other licensed businesses.

The specific classification of adult entertainment use (as defined in the Code of the Township of Birmingham) license for which the applicant is filing.

The location of the proposed adult entertainment business, including a legal description of the property, street address and telephone number(s), if any.

The applicant's mailing address and residential address.

(9)

A recent photograph of the applicant(s).

(10)

The applicant's driver's license number, social security number and/or his/her state or federally issued tax identification number, or if a corporation, the 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 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, videocassettes, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, the applicant shall also comply with all applicable sections of this Code.

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:

The applicant's name or any other name (including stage names) or aliases used by the individual.

Age and date and place of birth.

Height, weight, hair color and eye color.

Present residence address and telephone number.

Present business address and telephone number.

Date, issuing state and number of driver's license or other identification card information.

Social security number.

Proof that the individual is at least 18 years of age.

Attached to the application form for an adult entertainment business employee license as provided above shall be the following:

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.

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 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.

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 and the date, place and jurisdiction of each.

§ 39-4 Issuance of license.

Upon the filing of said application in a fully completed form for an adult entertainment business license and/or 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:

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.

The applicant is under the age of 18 years.

The applicant has been convicted of a specified criminal activity, as defined in this chapter.

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 chapter.

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 § 39-9.

Within 30 days after receipt of a complete adult entertainment business license, the Township shall approve or deny the issuance of a license to an applicant. The Township shall approve 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:

An applicant is under 18 years of age.

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.

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.

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.

An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter.

The premises to be used for the adult entertainment business has not been approved by the Fire Marshal and the Building Official as being in compliance with applicable laws and ordinances.

The license fee required by this chapter has not been paid.

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

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 chapter 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 § 39-5.

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.

The Fire Marshal and the Building Official 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.

An adult entertainment business license shall issue for the specific classification of adult entertainment use as permitted by ordinance and applied for.

§ 39-5 Fees.

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 of $1,500.

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 of $750 within 30 days of license issuance or renewal.

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 of $250.

All license applications and fees shall be submitted to the Township.

§ 39-6 Inspection.

An applicant or licensee shall permit representatives of the Township, including the Fire Marshal, 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.

A person who operates an adult entertainment business or his/her agent or employee commits a violation of this chapter if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

§ 39-7 Expiration of license.

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 39-3. 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.

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.

§ 39-8 Suspension of license.

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:

Violated or is not in compliance with any provision of this chapter;

Refused to allow an inspection of the adult entertainment business premises as authorized by this chapter; or

Knowingly permitted gambling by any person on the adult entertainment business premises.

§ 39-9 Revocation of license.

The Township shall revoke a license if a cause of suspension in § 39-8 occurs and the license has been suspended within the preceding 12 months.

The Township shall revoke a license if it determines that:

A licensee gave false or misleading information in the material submitted during the application process;

A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;

A licensee has knowingly allowed prostitution on the premises;

A licensee knowingly operated the adult entertainment business during a period of time when the licensee's license was suspended;

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

A licensee is delinquent in payment to the Township, county or state for any taxes or fees past due.

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.

After denial of an application, 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.

§ 39-10 Transfer of license.

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.

§ 39-11 Location of adult entertainment business.

A person commits a violation of this chapter if that person operates or causes to be operated an adult entertainment business in any zoning district other than C-2 Heavy Commercial District, as defined and described in Chapter 122, Zoning, of the Township of Birmingham.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A person commits a violation of this chapter 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.

§ 39-12 Exhibition of sexually explicit films, videos or live entertainment in viewing rooms.

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, videocassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:

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.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager's station may be made without the prior approval of the Township.

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.

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.

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.

No viewing room may be occupied by more than one person at any time.

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 five and zero tenths 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.

A person having a duty under Subsection A(1) through (14) of Subsection A above commits a violation of this chapter if he or she knowingly fails to fulfill that duty.

§ 39-13 Additional regulations for escort agencies.

An escort agency shall not employ any person under the age of 18 years.

A person commits a violation of this chapter if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years.

§ 39-14 Additional regulations for nude model studios.

A nude model studio shall not employ any person under the age of 18 years.

A person under the age of 18 years commits a violation of this chapter 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 to 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.

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 in an area of a nude model studio premises which can be viewed from the public right-of-way.

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.

§ 39-15 Additional regulations concerning public nudity.

It shall be a violation of this chapter for a person who knowingly and intentionally in an adult entertainment business appears in a state of nudity or depicts specified sexual activities.

It shall be a violation of this chapter 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.

It shall be a violation of this chapter 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.

§ 39-16 Prohibition against children in an adult entertainment business.

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 an adult entertainment business.

§ 39-17 Hours of operation.

No adult entertainment business may remain open at any time between the hours of 1:00 a.m. and 9:00 a.m. on weekdays and Saturdays and 1:00 a.m. and 12:00 p.m. on Sundays.

§ 39-18 Exemptions.

It is a defense to prosecution under § 39-15 that a person appearing in a state of nudity did so in a modeling class operated:

By a proprietary school licensed by the Commonwealth of Pennsylvania, a college, junior college or university supported entirely or partly by taxation;

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

In a structure, as defined by this Code and within the C-2 Zoning District:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

Where in order to participate in a class, a student must enroll at least three days in advance of the class; and