[Ord. 418, 1/29/2014]
1.
Purpose.
A.
Pursuant to the authority granted in the Second Class Township Code,
53 P.S. § 65101 et seq., to prohibit nuisances; to promote
the health, welfare, cleanliness, comfort and safety of the citizens
of the Township of North Fayette; and to regulate the time of opening
and closing, and the conduct of places of public entertainment, amusement
and recreation, the Township of North Fayette enacts this Part to
minimize and control the adverse secondary effects of adult-oriented
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.
B.
The Board of Supervisors has determined that licensing is a legitimate
and reasonable means of accountability to ensure that operators of
adult-oriented 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.
C.
The Board of Supervisors does not intend this Part to suppress any
speech activities protected by the First Amendment, but to enact a
content-neutral ordinance which addresses the secondary effects of
adult-oriented businesses.
2.
Legislative Findings. The Board of Supervisors finds:
A.
Adult-oriented businesses have adverse secondary effects which should
be regulated to protect the public health, safety and welfare. These
secondary effects include, but are not limited to, the spread of communicable
diseases, performance of sexual acts in public places, presence of
discarded adult-oriented materials on public and private property,
sexual harassment, obscenity, prostitution and other illegal sexual
activities, crime and neighborhood deterioration.
B.
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- oriented businesses. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see that the adult-oriented 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-oriented business, fully in possession and control of the
premises and activities occurring therein.
C.
Requiring licensees of adult-oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incident of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
D.
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operations and maintenance of the adult-oriented
businesses will help limit and control the adverse secondary effects
of such businesses.
E.
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 Part is designed to prevent
or who are likely to be witnesses to such activity.
F.
The fact that an applicant for an adult-oriented business license
has been convicted of an adult related crime leads to the rational
assumption that the applicant is likely to engage in that conduct
in contravention of this Part.
G.
The barring of such individuals from the management of adult-oriented
businesses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
H.
The general welfare, health and safety of the citizens of the Township
will be promoted by the enactment of this Part.
I.
Limitation of operating hours of adult-oriented businesses reduces
the adverse secondary effects of such businesses, including particularly,
but not limited to, late night noise levels, crime and sexually offensive
materials and activities in public areas, and further promotes the
public health, safety and welfare.
[Ord. 418, 1/29/2014]
1.
ADULT ARCADE
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE
(1)
(2)
ADULT CABARET
(1)
(2)
(3)
ADULT MOTION PICTURE THEATER
ADULT-ORIENTED BUSINESS
ADULT THEATER
EMPLOYEE
ESCORT
ESCORT AGENCY
ESTABLISHMENT
(1)
(2)
(3)
(4)
KNOWINGLY
(1)
(2)
LICENSEE
NUDE MODEL STUDIO
(1)
(2)
(3)
NUDITY OR A STATE OF NUDITY
PERSON
SEMI-NUDE OR IN A SEMI-NUDE CONDITION
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED CRIMINAL ACTIVITY
(1)
(2)
(a)
(b)
(c)
(3)
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
TRANSFER OF OWNERSHIP OR CONTROL
(1)
(2)
(3)
As used in this Part, 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, any
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained, not located within
viewing booths, 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 "specific sexual
activities" or "specified anatomical areas."
A commercial establishment which, as one of its principal
business 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,
CD-ROM discs or other computer software, or other visual representations,
which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
Instruments, devices, or paraphernalia which are designed for
use in connection with "specified sexual activities."
A nightclub, bar, restaurant, or other commercial establishment
which regularly features:
Persons who appear in a state of nudity or semi-nudity.
Live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
Films, motion pictures, video cassettes, slides or other photographic
reproductions or visual presentations of any other kind which are
characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas."
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
A theater, concert hall, dance hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or semi-nudity or live performances which are
characterized by the exposure of "specified anatomical areas" or by
"specified sexual activities."
A person who performs any service on the premises of an adult
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. Employee
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises or for the
delivery of goods to the premises.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
And includes any of the following:
The opening or commencement of any adult-oriented business as
a new business.
The conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business.
The addition of any adult-oriented business to any other existing
adult-oriented business or to a non-adult-oriented business.
The relocation of any adult-oriented business.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
or both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person.
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-oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in an adult-oriented business.
Any place where a person who appears seminude, in a state
of nudity, or who displays "specified anatomical areas" is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. Nude model studio shall not include a proprietary school
licensed by the Commonwealth of Pennsylvania or a college, junior
college or university supported entirely or in part by public taxation;
a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or in a structure:
No sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi-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.
Where no more than one nude or semi-nude model is on the premises
at any one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The state of dress in which clothing partially or non-opaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
Same as "adult-oriented business." See "adult-oriented business."
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
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; or distribution of a controlled
substance; or any offenses similar 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 imposed for the conviction,
whichever is the later date, if the conviction is of a felony offense.
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement imposed 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.
Any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or breasts.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy.
Excretory functions as part of or in connection with any of
the activities set forth in Subsections (1) and (2) of the definition
above.
Of an adult-oriented business means and 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
transfers by bequest or other operation of law upon the death of the
person possessing the ownership of control.
[Ord. 418, 1/29/2014]
1.
It is unlawful:
A.
For any person to operate an adult-oriented business without a valid
adult-oriented business license issued by the Township pursuant to
this Part.
B.
For any person who operates an adult-oriented business to employ
a person to work for the adult-oriented business who is not licensed
as an adult-oriented business employee by the Township pursuant to
this Part.
C.
For any person to obtain employment with an adult-oriented business
without having secured an adult-oriented business employee license
pursuant to this Part.
D.
Beginning on the 16th day after enactment of this Part for any person
to continue to operate any adult-oriented business in operation at
the time of enactment of this Part without a valid adult-oriented
business license pursuant to this Part.
E.
Beginning on the sixteenth day after enactment of this Part for any
person who operates an adult-oriented business in operation at the
time of enactment of this Part to employ a person to work for the
adult-oriented business who is not licensed as an adult-oriented business
employee by the Township pursuant to this Part.
F.
Beginning on the sixteenth day after enactment of this Part for any
person to obtain employment with an adult-oriented business in operation
at the time of enactment of this Part without having secured an adult-oriented
business employee license pursuant to this Part.
2.
An application for a license must be made on a form provided by the
Township, which is on file at the Township of North Fayette Municipal
Building, 400 North Branch Road, Oakdale, PA 15071.
3.
All applicants must be qualified according to the provisions of this
Part. 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 Part.
4.
If a person who wishes to operate an adult-oriented business is an
individual, the person must sign the application for a license as
an applicant. If a person who wishes to operate an adult-oriented
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.
5.
The completed application for an adult-oriented business license
shall contain the following information and shall be accompanied by
the following documents:
A.
If the applicant is:
(1)
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.
(2)
A partnership, the partnership shall state its complete name,
the name of all partners, whether the partnership is general or limited,
and provide a copy of the partnership agreement, if any.
(3)
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, and
the name of the registered corporate agent and the address of the
registered office for service of process.
C.
Whether the applicant, or a person residing with the applicant, has
been convicted of a specified criminal activity as defined in this
Part and, if so, the specified criminal activity involved and the
date, place and jurisdiction of each.
D.
Whether the applicant, or a person residing with the applicant, has
had a previous license under this Part or other similar adult-oriented
business ordinance from another municipality, state or county denied,
suspended or revoked, including the name and location of the adult-oriented
business for which the license 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 Part whose license has
previously been denied, suspended or revoked, including the name and
location of the adult-oriented business for which the license was
denied, suspended or revoked as well as the date of denial, suspension
or revocation.
E.
Whether the applicant, or a person residing with the applicant, holds
any other licenses under this Part or other similar adult-oriented
business ordinance from another municipality, state or county and,
if so, the names and locations of such other licensed businesses.
F.
The specific classification of adult-oriented use for which the applicant
is filing along with a detailed description of each and every activity
encompassed by the proposed adult-oriented business, which description
shall thoroughly demonstrate compliance and/or intended compliance
with all provisions of this Part.
G.
The location of the proposed adult-oriented business, including a
legal description of the property, street address, and telephone number(s),
if any.
H.
The applicant's mailing address and residential address.
I.
A recent (within six months) photograph of the applicant(s).
J.
The applicant's driver's license number, Social Security number,
and his/her state or federally issued tax identification number.
K.
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.
L.
A current certificate and straight-line drawing prepared within 30
days prior to application by a registered land surveyor depicting
the property lines, the survey to be certified.
M.
The application form shall inform the applicant that:
(1)
Separate applications are required for any necessary zoning
permits, subdivision and land development approvals or building and
occupancy permits and that the applicant may apply for such permits
by contacting the Township Code Official/Building Inspector.
6.
Before any applicant may be issued an adult-oriented business employee
license, the applicant shall submit on a form to be provided by the
Township the following information:
A.
The applicant's name and any other names (including "stage" names)
or aliases used by the individual.
B.
Age, date and place of birth.
C.
Height, weight, hair and eye color.
D.
Present residence address and telephone number.
E.
Present business address and telephone number.
F.
Date, issuing state and number of driver's license or other identification
card information.
G.
Social Security number.
H.
Proof that the individual is at least 18 years of age.
7.
Attached to the application form for an adult-oriented business employee
license as provided above shall be the following:
A.
A recent color photograph (within six months) 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.
B.
A statement detailing the business 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 business, 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.
C.
A statement whether the applicant has been convicted of a specified
criminal activity as defined in this Part and, if so, the specified
criminal activity involved and the date, place and jurisdiction of
each.
[Ord. 418, 1/29/2014]
1.
Upon the filing of said application in a fully completed form for
an adult-oriented business license or for an adult-oriented business
employee license, the application shall then be referred to the Township
Building Code Official for review and investigation. The Township
Building Code Official shall utilize any available resources through
the responsible police department, Pennsylvania State Police, the
Commonwealth of Pennsylvania and/or other law enforcement agencies
as may be necessary to complete the review and investigation required
by this Part. Within 45 days from the date the completed application
is filed, the Township Building Code Official shall issue a license
unless it is determined by the Township Building Code Official that
one or more of the following findings is true:
A.
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.
B.
The applicant is under the age of 18 years.
C.
The applicant has been convicted of a "specified criminal activity"
as defined in this Part.
D.
The adult-oriented business employee license is to be used for employment
in a business prohibited by local or state law, statute, rule or regulations,
or prohibited by a particular provision of this Part.
E.
The applicant has had an adult-oriented business employee license revoked by the Township within five years of the date of the current application. If the adult-oriented 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 § 13-609.
F.
The required application, investigation and license fees have not
been paid.
G.
An applicant's license to operate an adult-oriented business, issued
by any jurisdiction, has been revoked within the preceding five years.
H.
The proposed adult-oriented business is in violation of or is not
in compliance with any of the provisions of this Part.
2.
Upon receipt of a completed written application as set forth in this section if it is determined that additional time is needed beyond the period for review and collection of information as set forth in Subsection 1 of this section, the Township may, following written notice to the applicant, seek a reasonable extension of time to complete its review of the application.
3.
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 Part 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 § 13-605 of this Part.
4.
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-oriented business and the specific classification
of adult-oriented use for which the license is issued. Licenses for
adult-oriented businesses shall state that the adult-oriented business
shall not commence until all necessary zoning, subdivision and land
development, and/or Pennsylvania Uniform Construction Code approvals
are obtained. All licenses shall be posted in a conspicuous place
at or near the entrance to the adult-oriented business so that they
may be easily read at any time.
5.
An adult-oriented business license shall issue for the specific classification
of adult-oriented use as permitted by ordinance and applied for.
7.
Any person aggrieved by the grant of a license may appeal, in writing,
within 10 days from the date of issuance of the license, to the Township
Board of Supervisors.
[Ord. 418, 1/29/2014]
1.
Every application for an adult-oriented business, license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee in
such an amount as adopted, from time to time, by resolution of the
Township Board of Supervisors.
2.
Every application for an adult-oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual non-refundable application, investigation
and license fee in such an amount as adopted, from time to time, by
resolution of the Township Board of Supervisors.
3.
All license applications and fees shall be submitted to the office
of the Township Manager, and, thereafter, the applications shall be
forwarded to the Township Building Code Official for review and investigation
and approval or denial.
[Ord. 418, 1/29/2014]
1.
An applicant or licensee shall permit authorized Township officials
and their agents or consultants to inspect the premises of an adult-oriented
business for the purpose of ensuring compliance with this Part and
all other applicable law at any time it is occupied or open for business.
2.
Upon submission of a renewal application, the applicant or licensee
shall permit authorized Township Building Code Official to enter the
premises and conduct an annual review prior to the issuance of a renewal
to ensure compliance with this Part and all other applicable laws
and regulations.
3.
A person who operates an adult-oriented business, including his/her
agent or employee, commits a violation of this Part if he/she refuses
to permit such lawful inspection of the premises at any time it is
occupied or open for business.
[Ord. 418, 1/29/2014]
1.
Each license shall expire on the last day of the calendar year, December 31, and may be renewed only by making application as provided in § 13-603. Application for renewal shall be made at least 30 days before the expiration date. When application for renewal is made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
2.
If, subsequent to a denial of a license renewal application, 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
no more than 90 days have elapsed since the date denial became final.
When the Township denies renewal of a license, the applicant shall
not be issued a license for five years from the date of denial.
[Ord. 418, 1/29/2014]
1.
The Township Building Code Official shall, within 10 days following
inspection or receipt of a police report, issue a written notice of
suspension to the licensee, which suspension would continue for a
period not to exceed 90 days if he determines that a licensee or an
employee of a licensee has:
[Ord. 418, 1/29/2014]
1.
The Township Building Code Official shall, within 10 days following
inspection or receipt of a police report, issue a written notice of
revocation of the license to the licensee if he determines that:
A.
A licensee gave false or misleading information in the material submitted
during the application process.
B.
A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises.
C.
A licensee has knowingly allowed prostitution on the premises.
D.
A licensee knowingly operated the adult-oriented business during
a period of time when the licensee's license was suspended.
E.
A licensee has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sex act to occur in or on
the license premises.
2.
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.
3.
When the Township revokes a license, the revocation shall continue
for five years, and the licensee shall not be issued an adult-oriented
business license for five years from the date the revocation became
effective.
4.
All license application, renewal, suspension or revocation decisions
shall be sent in writing to the applicant or licensee. All such decisions
which deny, suspend or revoke a permit shall state specifically the
ordinance requirement not met and any other basis for the decision.
After denial of an application, or denial of a renewal of an application,
or after suspension or revocation of any license, the applicant or
licensee may appeal pursuant to the Local Agency Law, 2 Pa.C.S.A.
§ 105, as amended, to the Township Board of Supervisors.
The Township Board of Supervisors will then hold a Local Agency Law
hearing within 60 days from the date the completed written appeal
is filed and will render a written decision within 45 days from the
date such hearing concludes. Any such appeal must be filed, in writing,
with the Township Manager within 10 days from the date of mailing
of the decision appealed from. Failure to file said appeal with the
Township Manager within 10 days from the date of the mailing of the
decision appealed from shall be deemed a conclusive determination
as to the issues or matters addressed by the written decision. In
the case of a denial of a license renewal, or in the case of a license
suspension or revocation, the licensee may continue to operate to
the same extent as immediately prior to the suspension or revocation
until the earlier of:
5.
Any person aggrieved by a decision of the Township Board of Supervisors
may appeal to a court of competent jurisdiction. The Township shall,
upon filing of such appeal, consent to any request by a license applicant
or licensee to the court to give expedited review to such appeal.
The Township shall certify any record to the court within 20 days
of any request by the court to do so.
[Ord. 418, 1/29/2014]
All licenses issued under this Part are nontransferable. A licensee
shall not transfer his/her license to another, nor shall a licensee
operate an adult-oriented business under the authority of a license
at any place other than the address designated in the application,
and any said purported transfer be null and void.
[Ord. 418, 1/29/2014]
[Ord. 418, 1/29/2014]
1.
A nude model studio shall not employ any person under the age of
18 years.
2.
A person under the age of 18 years commits a violation of this Part
if the person appears semi-nude 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 restroom not
open to public view or visible to any other person.
3.
A person commits a violation of this Part 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 any public right-of-way.
4.
A nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, other than for the purpose of being observed
or viewed by another person, being sketched, painted, drawn, sculpted,
photographed or otherwise similarly depicted for artistic purposes.
[Ord. 418, 1/29/2014]
1.
It shall be a violation of this Part for a person to knowingly and
intentionally in a public place:
2.
For purposes of this Part, "public place" includes all outdoor areas
owned by or open to the general public and all buildings and enclosed
places owned by or open to the general public, including, but not
limited to, places of entertainment, taverns, restaurants, clubs,
theaters, dance halls, banquet halls, party rooms or halls limited
to specific members, and party rooms or halls restricted to adults
or to patrons invited to attend, whether or not an admission charge
is levied. This section shall not apply to:
3.
It shall be a violation of this Part for a person to knowingly or
intentionally in an adult-oriented business appear in a semi-nude
condition unless the person is an employee who, while semi-nude, is
at least 10 feet from any patron or customer and on a stage at least
two feet from the floor.
[Ord. 418, 1/29/2014]
A person commits a violation of this Part if the person knowingly
allows a person under the age of 18 years to be on the premises of
an adult-oriented business.
[Ord. 418, 1/29/2014]
No adult-oriented business shall remain open at any time during
the hours of 2:00 a.m. and 10:00 a.m. Mondays through Saturdays, and
after 2:00 a.m. on Sundays. Adult-oriented businesses shall be closed
after 2:00 a.m. on Sundays for the remainder of the day, and shall
be closed on all legal state or federal holidays.
[Ord. 418, 1/29/2014]
1.
It is a defense to prosecution under §§ 13-612 and 13-613 of this Part that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school licensed by the Commonwealth of Pennsylvania
or a college, junior college, or university supported entirely or
partly by taxation.
B.
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation.
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.
[Ord. 418, 1/29/2014]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, shall
be sentenced to pay a fine of $1,000 plus costs, including reasonable
attorney fees incurred by the Township, and, in default of payment
of said fine and costs, to a term of imprisonment to the extent permitted
by law for the punishment of summary offenses. A separate offense
shall arise for each day or portion thereof in which a violation of
this Part is found to exist or for each section of this Part found
to have been violated. The Township may also commence appropriate
actions in equity or other to prevent, restrain, correct, enjoin,
or abate violations of this Part. All fines and penalties collected
for violation of this Part shall be paid to the Township Treasurer.
The initial determination of ordinance violation and the service of
any required notice of violation are hereby delegated to the Township
Manager, the Township Building Code Official the Code Enforcement
Officer and their designees and to any other officer or agent that
the Township Manager or the Board of Supervisors shall deem appropriate.
