Township of Lower Allen, PA Chapter 59 Sexually Oriented Businesses

[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Allen 8-30-1999 by Ord. No. 99-3. Amendments noted where applicable.]

§ 59-1 Title.

This chapter shall be known as the "Lower Allen Township Sexually Oriented Businesses Ordinance, 1999."

§ 59-2 Purpose.

It is the purpose of this chapter to regulate sexually oriented businesses in order to protect the health, safety, morals and general welfare of the citizens of Lower Allen Township ("Township") and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Township. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. The adjudication of the Board in the matter of amending, changing and modifying the Code of the Township of Lower Allen, 1997, by repealing Chapter 58, Adult Bookstores, by adding Chapter 59, Sexually Oriented Businesses, amending Chapter 220, Zoning, by dispersing sexually oriented businesses and limiting them to specific zoning districts, prescribing definitions of sexually oriented businesses and regulation of sexually oriented businesses, shall be incorporated herein by reference as though fully set forth herein and made a part of this chapter and the Ordinance Book with respect to this chapter.[1]

[1] Editor's Note: Said adjudication is on file in the Township offices.

§ 59-3 Definitions.

The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context or language clearly indicates or requires a different meaning:

EMPLOYEE

A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

ESTABLISHMENT

Includes any of the following:

A. The opening or commencement of any sexually oriented business as a new business;

B. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

C. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or

D. The relocation of any such sexually oriented business.

NUDITY or STATE OF NUDITY

A. The appearance of human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast;

B. A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast; or

C. The showing of the covered male genital in a discernible turgid state.

OPERATOR

Includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

PERMITTED OR LICENSED PREMISES

Any premises that requires a license and/or permit and that is classified as a sexually oriented business.

PERMITTEE and/or LICENSEE

A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

PUBLIC BUILDING

Any building owned, leased or held by the United States, the state, the county, the Township, any special district, school district or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.

PUBLIC PARK or RECREATION AREA

Public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas or similar public land within the Township which is under the control, operation or management of the Township park and recreation authorities.

RELIGIOUS INSTITUTION

Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

RESIDENTIAL DISTRICT OR USE

R-1 Single-Family Established Residential District, R-2 Single-Family Rural Residential District, MUN Mixed Use Neighborhood District, and R-3 Multifamily Residential District or any type of dwelling, family care facility, manufactured home park, campground, subdivision or land development designed and planned for residential use as defined in Chapter 220, Zoning.

[Amended 9-14-2009 by Ord. No. 2009-13]

SCHOOL

Any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary 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.

SEMINUDE

A state of dress in which clothing covers no more than the genitals, pubic region and areolae and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

SEXUALLY ORIENTED BUSINESSES

Those businesses defined as follows:

A. ADULT ARCADE An establishment where, for any form of consideration, one or more still- or motion-picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

B. ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE

(1) A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration of any one or more of the following:

(a) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

(b) Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

(2) An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials characterized by an emphasis on depicting or a description which depicts or describes specified sexual activities or specified anatomical areas.

C. ADULT CABARET A nightclub, bar, restaurant bottle club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude or in a state of nudity or seminude; live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

D. ADULT MOTEL A motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertise the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television, or offers a sleeping room for rent for a period of time less than 10 hours, or allows a tenant or occupant to subrent the sleeping room for a time period of less than 10 hours.

E. ADULT MOTION-PICTURE THEATER A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

F. ADULT THEATER A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by an emphasis on exposure of specified anatomical areas or by specified sexual activities.

G. ESCORT A person who, for any form of 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.

H. ESCORT AGENCY A person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

I. MASSAGE PARLOR Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment manipulation of the human body which occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation or service related thereto, exposes his or her specified anatomical areas. The definition of "massage parlor" shall not include the practice of massage therapy as defined by Act 118 of 2008, known as the "Massage Therapy Law.[1]"

[Amended 6-29-2009 by Ord. No. 2009-11; 5-9-2011 by Ord. No. 2011-05]

J. NUDE MODEL STUDIO Any place where a person who regularly appears in a state of nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons.

K. SEXUAL ENCOUNTER ESTABLISHMENT A business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more of the persons is in a state of nudity or seminudity. The definition of "sexually oriented businesses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

SPECIFIED ANATOMICAL AREAS

As used in this chapter, includes any of the following:

A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

As used in this chapter, includes any of the following:

A. The fondling or other intentional touching of human genitals, the pubic region, buttocks, anus or female breasts.

B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.

C. Masturbation, actual or simulated.

D. Human genitals in a state of sexual stimulation, arousal or tumescence.

E. Excretory functions as part of or in connection with any of the activities set forth in Subsections A through D of this definition.

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS

Increase in the floor areas occupied by the business by more than 15%, as the floor areas exist on the effective date of this chapter.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS

Includes any of the following:

A. The sale, lease or sublease of the business.

B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.

C. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business except for transfer by bequest or other operation of law upon the death of a person possessing ownership or control.

[1] Editor's Note: See 63 P.S. § 627.1 et seq.

§ 59-4 Establishment and classification of businesses regulated.

[Amended 9-14-2009 by Ord. No. 2009-13]

A. The establishment of a sexually oriented business shall be permitted only in the C-3 Business Park District, C-4 Regional Commercial District, and I-3 Industrial/Commercial District and shall be subject to the following regulations. No person shall cause or permit the establishment of any of the following sexually oriented businesses, as defined above and hereinafter classified, within 750 feet of another such business or within 1,000 feet of any religious institution, school, boys' club, girls' club or similar existing youth organization or public park or public building, or within 500 feet of any property zoned for residential district and use or used for residential purposes. When a limited-access highway or railroad right-of-way is situated between a proposed sexually oriented business and a use from which an isolation distance is required, the distance will terminate at the edge of the highway or railroad right-of-way that is farthest from the proposed sexually oriented business location.

(1) Adult arcade;

(2) Adult bookstore, adult novelty store or adult video store;

(3) Adult cabaret;

(4) Adult motel;

(5) Adult motion-picture theater;

(6) Adult theater;

(7) Massage parlor;

(8) Sexual encounter establishment;

(9) Escort agency; or

(10) Nude model studio.

B. Nothing in this section prohibits the location of sexually oriented businesses within retail shopping centers in the C-4 Regional Commercial Districts where such activities will have their only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, religious institutions, boys' clubs, girls' clubs or similar existing youth organizations, public buildings or residential districts or uses without regard to the distance requirements of Subsection A above.

§ 59-5 Measurement of distance.

As regarding § 59-4A, distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, public or private elementary or secondary school, boys' club, girls' club or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest point of the property line of the premises where the sexually oriented business is conducted, to the nearest point of the property line of the premises of any religious institution, public or private elementary or secondary school, boys' club, girls' club or similar existing youth organization, or public park or public building or any properties zoned for residential district or use or used for residential purposes.

§ 59-6 Location; prohibitions.

Chapter 220, Zoning, requires that sexually oriented businesses shall be permitted only as provided in § 59-5, in which such uses are listed as permissible. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in § 59-9 of this chapter. In addition, any sexually oriented business shall be subject to the following restrictions:

A. A person commits a violation of this chapter if he operates or causes to be operated a sexually oriented business without a permit, except as provided in § 59-4.

B. A person commits a violation of this chapter if he operates or causes to be operated a sexually oriented business within 1,000 feet of any religious institution, any school, a public park adjacent to any residential district and use, or a boys' or girls' club, or similar existing youth organization, except as provided in § 59-4B.

C. A person commits a violation of this chapter if he operates or causes to be operated a sexually oriented business within 750 feet of another such business, which will include any adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, massage parlor or any sexual encounter establishment, except as provided in § 59-4B.

D. A person commits a violation of this chapter if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business within the same building, structure or portion thereof, except as provided in § 59-4B, or causes the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

E. A person commits a violation of this chapter if he operates or causes to be operated a sexually oriented business within 500 feet of any property zoned for residential district and use or used for residential purposes.

F. It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:

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

(2) 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

(3) In a structure:

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

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

(c) Where no more than one nude model is on the premises at one time.

§ 59-7 Regulations governing existing businesses.

A. Any sexually oriented businesses lawfully operating on the effective date of this chapter that is in violation of § 59-4 and 59-6 of this chapter shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use, except as provided in Chapter 220, Zoning, and not increased, enlarged, expanded or altered by more than 15% of the floor areas existing on the effective date of this chapter. If two or more sexually oriented businesses are within 750 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming, except as provided in § 59-4B.

B. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a religious institution, school, public park adjacent to any residential district and use, public building or a boys' or girls' club, or similar existing youth organization within 1,000 feet of the sexually oriented business or within 500 feet of any property zoned for residential district and use or used for residential purposes. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

C. Any establishment subject to the provisions of this chapter shall apply for the permit provided for by § 59-11 within 30 days of the effective date of this chapter. Any establishment existing prior to the effective date of this chapter shall comply with the regulations pertaining to §§ 59-21 and 59-23 within 60 days of the effective date of this chapter, and all other applicable permit regulations within 30 days of the effective date of this chapter.

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

§ 59-8 Injunction.

A person who operates or causes to be operated a sexually oriented business without having a valid license due to locational restrictions is subject to a suit for injunction as well as prosecution for a summary offense. If an injunction must be sought, attorneys' fees and costs will be assessed at the discretion of the court against the sexually oriented business. Each day a sexually oriented business so operates is a separate offense or violation.

§ 59-9 Purpose and intent.

It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the Township and to establish reasonably and uniform regulations to prevent deleterious effects of sexually oriented businesses within the Township. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this chapter to in any way condone or legitimize the distribution of obscene materials or harmful materials to minors.

§ 59-10 Permit required.

A. No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the Township for the particular type of business. It shall be unlawful and a person commits a summary offense if he/she operates or causes to be operated a sexually oriented business without said permit.

B. The Township Manager or his designee is responsible for granting, denying, revoking, renewing, suspending and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The Township Manager or his designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of §§ 59-4, 59-6 and 59-7 of this chapter, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter in the Township and Chapter 220, Zoning.

C. The Police Department is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth.

D. The Director of Community Development is responsible for inspecting a proposed, permitted or nonpermitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

E. An application for a permit must be made on a form provided by the Township. Any person desiring to operate a sexually oriented business shall file with the Township an original and two copies of a sworn permit application on the standard application form supplied by the Township Manager or his designee.

F. The completed application 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 satisfactory proof that he/she is 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 the state of incorporation, the names and capacity of all officers, directors and principal stockholders involved in the day-to-day running of the business and the name of the registered corporate agent and the address of the registered office for service or process.

(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he must state the sexually oriented business's fictitious name and submit the required registration documents.

(3) Whether the applicant or any of the other individuals listed pursuant to § 59-10 of this chapter has, within the two- or five-year period as specified in § 59-12 immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

(4) Whether the applicant or any of the other individuals pursuant to § 59-10 and/or licensees of this chapter has had a previous permit under this chapter or other similar sexually oriented business ordinances from another municipality or county denied, suspended or revoked, including the name and location of the sexually oriented 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 any other individuals listed pursuant to § 59-10 have been a partner in a partnership or an officer, director or principal stockholder of a corporation that was permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented 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 any other individual listed pursuant to § 59-10 holds any other permits and/or licenses under this chapter or other similar sexually oriented business ordinance from another municipality or county and, if so, the names and locations of such other permitted businesses.

(6) The single classification of permit for which the applicant is filing.

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

(8) The applicant's mailing addresses and residential address.

(9) A recent photograph of the applicant(s).

(10) The applicant's driver's license number, social security number, if there is no violation of any privacy legislation or case law, birth certificate 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 and the structures containing any established existing uses regulated by this chapter within 500 feet of the property to be certified; the property lines of any established religious institution/synagogue, school or public park or recreation area within 1,000 feet of the property to be certified; and the property lines of any residentially zoned area or residential property within 1,000 feet of the property to be certified. For purposes of this chapter, a use shall be considered existing or established if it is in existence at the time an application is submitted. Section 59-4B is excepted from this requirement.

(13) If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually 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 permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application for a permit as applicant.

(14) If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, videocassettes or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at § 59-21.

G. Applications for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the Township Manager or his designee, shall be grounds for suspension of a permit.

H. In the event that the Township Manager or his designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he shall promptly notify the applicant of such fact and allow the applicant 10 days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)

I. 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 health, fire and building codes and laws.[1]

[1] Editor's Note: See also Ch. 70, Building Construction and Safety Standards, and Ch. 103, Fire Prevention.

J. The applicant shall be required to pay a nonrefundable application fee as determined from time to time by resolution of the Board of Commissioners.

K. Prior to obtaining any permit or license to operate any sexually oriented business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the Township or its designee a certification that the proposed location of such business complies within the locational requirements of §§ 59-6 and 59-7.

L. The fact that a person possesses other types of state or Township permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.

M. By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the Township Manager or his designee, the Police Department and all other Township agencies charged with enforcing the laws, ordinances and codes applicable in the Township of their respective responsibilities under this chapter.

N. The applicant shall be required to provide the Township with the names of any and all employees who are required to be licensed pursuant to § 59-20 of this chapter. This shall be a continuing requirement even after a permit is granted or renewed.

§ 59-11 Investigation and application.

A. Upon receipt of an application properly filed with the Township and upon payment of the nonrefundable application fee, the Township Manager or his designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Police Department and any other Township agencies responsible for enforcement of health, fire and building codes and laws.[1] Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law as set forth in this chapter. Said investigation shall be completed within 20 days of receipt of the application by the Township Manager or his designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it and, in the event it disapproves, state the reasons therefor. The Police Department shall only be required to certify the NCIC records request check mentioned at § 59-12. The Police Department shall not be required to approve or disapprove applications.

[1] Editor's Note: See also Ch. 70, Building Construction and Safety Standards, and Ch. 103, Fire Prevention.

B. A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the Township. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the Township Manager or his designee.

§ 59-12 Issuance of permit.

A. The Township Manager or his designee shall grant or deny an application for a permit within 30 days from the date of its proper filing. Upon the expiration of the 30th day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the Township Manager or his designee notifies the applicant of a denial of the application and states the reason(s) for that denial.

B. Grant of application for permit.

(1) The Township Manager or his designee shall grant the application unless one or more of the criteria set forth in § 59-12C below is present.

(2) 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 sexually oriented business. The permit shall also indicate that the sexually oriented business, whether permitted or not, may be subject to prohibitions against public nudity and indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.

C. Denial of application for permit.

(1) The Township Manager or his designee shall deny the application for any of the following reasons:

(a) The applicant is under 18 years of age.

(b) An applicant or an applicant's spouse is overdue on his/her payment to the Township of taxes, fees, fines or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.

(c) An applicant is residing with a person who has been denied a permit by any federal, state or municipal authority or agency to operate a sexually oriented business within the preceding 12 months or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months.

(d) An applicant has failed to provide information required by this section or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.

(e) The premises to be used for the sexually oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance.

(f) The application or permit fees required by this chapter have not been paid.

(g) An application of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter, including but not limited to the zoning locational requirements for a sexually oriented business under §§ 59-4, 59-6 and 59-7.

(h) The granting of the application would violate a statute, ordinance or court order.

(i) The applicant has a permit under this chapter which has been suspended or revoked.

(j) Specified criminal acts.

[1] An applicant has been convicted of a specified criminal act for which:

[a] Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering or tax violations;

[b] Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering or tax violations; or

[c] Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor offenses for specified criminal acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including but not limited to distribution of obscenity or materials harmful to minors, prostitution, pandering or tax violations; offenses occurring within any twenty-four-month period;

[2] The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;

[3] An applicant who has been convicted of the above-described specified criminal acts may qualify for a sexually oriented business permit only when the time period required above in Subsection C(1) has elapsed.

(k) An applicant knowingly has in his or her employ an employee who does not have a valid license as required in § 59-20 of this chapter.

(2) If the Township Manager or his designee denies the application, he shall notify the applicant of the denial and state the reason(s) for the denial.

(3) If a person applies for a permit for a particular location within a period of 12 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.

§ 59-13 Annual permit fee.

The annual fee for a sexually oriented business permit shall be determined from time to time by resolution of the Board of Commissioners.

§ 59-14 Inspection.

A. An applicant or permittee shall permit representatives of the Community Development Office, the Police Department and the Fire Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

B. It shall be unlawful, and a person who operates a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, or his/her agent or employee. to commit a misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business.

§ 59-15 Expiration of permit.

A. Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 59-12 (for renewals, filing of the original survey shall be sufficient) of this chapter. 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 expiration of the permit will not be affected.

B. When the Township Manager or his designee denies renewal of the permit, the applicant shall not be issued a permit under this chapter for one year from the date of denial. If, subsequent to denial, the Township Manager or his designee finds that the basis for denial or the renewal of the permit has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date denial became final.

§ 59-16 Suspension of permit.

A. The Township Manager or his designee shall suspend a permit for a period not to exceed 30 days if he determines that a permittee, or an employee of a permittee, has:

(1) Violated or is not in compliance with any section of this chapter;

(2) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter;

(3) Knowingly permitted gambling by any person on the sexually oriented business premises;

(4) Operated the sexually oriented business in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the Township Manager or his designee shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the Township Manager or his designee shall forthwith suspend the permit and shall notify the permittee of the suspension;

(5) Engaged in permit transfer contrary to § 59-19 of this chapter. In the event that the Township Manager or his designee suspends a permit on the grounds that a permittee engaged in a permit transfer contrary to § 59-19 of this chapter, the Township Manager or his designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied;

(6) Operated the sexually oriented business in violation of the hours of operation in § 59-24; or

(7) Knowingly employs a person who does not have a valid license as required in § 59-20 of this chapter.

B. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.

§ 59-17 Revocation of permit.

A. The Township Manager or his designee shall revoke a permit if a cause of suspension in § 59-16 of this chapter occurs and the permit has been suspended within the preceding 12 months.

B. The Township Manager or his designee shall revoke a permit upon determining that:

(1) A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit;

(2) A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises;

(3) A permittee or an employee knows or should have known that there was prostitution on the premises;

(4) A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended;

(5) A permittee has been convicted of a specified criminal act for which the time period required in § 59-12 of this chapter has not elapsed;

(6) On two or more occasions within a twelve-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit;

(7) A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business;

(8) A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or any other specified sexual activities to occur in or on the permitted premises; or

(9) A permittee has been operating more than one sexually oriented business under a single roof except as provided in § 59-4B.

C. When the Township Manager or his designee revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the Township Manager or his designee finds that the basis for revocation under § 59-17 of this chapter has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date of revocation became effective. If the permit was revoked under § 59-17 of this chapter, an applicant may not be granted another permit until the number of years required under § 59-12 have elapsed.

§ 59-18 Judicial review of permit denial, suspension or revocation.

A. If the Township Manager determines that grounds exist for denial, suspension or revocation of a license or permit under this chapter, the following procedure shall apply:

(1) He shall notify the applicant or permittee (respondent), in writing, of his intent to deny, suspend or revoke, including a summary of the grounds therefor. The notification shall be by certified mail to the address on file with the Township Manager.

(2) Within 10 working days of receipt of such notice, the respondent may provide to the Township Manager, in writing, a response, which shall include a statement of reasons why the license or permit should not be denied, suspended or revoked and may include a request for a hearing.

(3) If a response is not received by the Township Manager in the time stated, the notification shall be final administrative action of denial, suspension or revocation and notice of same will be sent to the respondent within five working days after expiration of the period for submitting a response.

(4) Within five working days after receipt of a response the Township Manager shall either withdraw the intent to deny, suspend or revoke and send notification of the withdrawal to the respondent, in writing, by certified mail, or shall schedule a hearing before the Board of Commissioners and shall send notification to the respondent, in writing, by certified mail, of the date, time and place of the hearing. If the Township Manager fails to send a timely notification either withdrawing the intent or scheduling a hearing, the intent to deny, suspend or revoke shall be deemed withdrawn.

(5) The hearing, if requested, shall be scheduled not less than 15 nor more than 20 working days after receipt by the Township Manager of the request for a hearing.

(6) The hearing shall be conducted in accordance with the Local Agency Law.[1] The respondent may be represented by counsel. The technical rules of evidence shall not apply, provided that the decision of the Board shall in all cases be based upon substantial and reliable evidence.

[1] Editor's Note: See 2 Pa.C.S.A. § 105.

(7) The Board shall render a written decision within five working days after completion of the hearing and shall mail a copy of the decision, by certified mail, to the address of the respondent on file with the Township Manager.

(8) If more than 45 days elapse between receipt by the Township Manager of a request for a hearing and mailing by the Board of a final decision to the respondent, a decision in favor of the respondent shall be deemed to have been rendered.

(9) In the case of an intent to suspend, revoke or not renew a license or permit, or to deny a regular permit, or to deny a license to a sexually oriented business that was established prior to the effective date of this chapter, and that had applied for such license within 120 days after the effective date of this chapter, the respondent may continue to work or operate pending receipt of the final decision of the Board. The decision shall be final at the end of five working days after it is mailed and shall constitute final administrative action.

B. When the decision to deny, suspend or revoke a license or permit becomes final, the respondent shall have the right to seek judicial review of the decision. Subject to judicial approval, the Township shall consent to an expedited hearing to be held no later than 20 days after the filing of the action and disposition. If the final decision being reviewed is to suspend, revoke or not renew a license or permit, or to deny a regular permit, or to deny a license to a sexually oriented business that was established prior to the effective date of this chapter and that had applied for such license within 120 days after the effective date of this chapter, the Township shall consent to the granting of a stay to maintain the status quo pending final judicial decision.

§ 59-19 Transfer of permit.

A. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

B. A permittee shall not transfer his/her permit to another permit unless and until such other person satisfies the following requirements:

(1) Obtains an amendment to the permit from the Township Manager or his designee which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the Township Manager or his designee setting forth the information called for under § 59-12 of this chapter in the application; and

(2) Pays a transfer fee of 20% of the annual permit fee set by this chapter.

C. No permit may be transferred when the Township Manager or his designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

D. A permittee shall not transfer his permit to another location.

E. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void and the permit shall be deemed revoked.

§ 59-20 Sexually oriented business employee license.

A. Each individual to be employed in a sexually oriented business, as defined in § 59-3 of this chapter, who engages in the services rendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor or a live performer or entertainer shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee as determined from time to time by resolution of the Board of Commissioners. Said fee is to cover reasonable administrative costs of the licensing application process.[1]

[1] Editor's Note: The Fee Schedule is on file in the Township offices.

B. Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the Township Manager or his designee the following information:

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

(2) Age, date and place of birth.

(3) Height, weight, hair and eye color.

(4) Present residence address and telephone number.

(5) Present business address and telephone number.

(6) State driver's license or identification number.

(7) Social security number.

(8) Acceptable written proof that the individual is at least 18 years of age, such as birth certificate or driver's license.

(9) Attached to the application form as provided above, a color photograph of the applicant, clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Police Department.

(10) A statement detailing the license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other municipality, county, state or country, 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 date and the name of the denying jurisdiction and describe in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.

(11) Whether the applicant has been convicted of a specified criminal act as defined in § 59-12C(1)(j) of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identifying the convicting jurisdiction.

(12) The Township Manager or his designee shall refer the sexually oriented business employee license application to the Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within 10 days from the date the completed application is filed. After the investigation, the Township Manager or his designee shall issue a license unless the report from the Police Department finds that one or more of the following findings is true:

(a) That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a license or in any report or record required to be filed with the Police Department or other department or agency of the Township.

(b) That the applicant is under 18 years of age.

(c) That the applicant has been convicted of a specified criminal act as defined in § 59-12C(1)(j) of this chapter.

(d) That the sexually oriented 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.

(e) That the applicant has had a sexually oriented business employee license revoked by the Township or any other federal, state or local municipal agency or authority within two years of the date of the current application.

C. Renewal of license.

(1) A license granted pursuant to this section shall be subject to annual renewal by the Township Manager or his designee upon written application of the applicant and a finding by the Township Manager or his designee and the Police Department that the applicant has not been convicted of any specified criminal act as defined in § 59-12C(1)(j) of this chapter or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.

(2) The renewal of the license shall be subject to payment of a fee as determined from time to time by resolution by the Board of Commissioners.[2]

[2] Editor's Note: The Fee Schedule is on file in the Township offices.

§ 59-21 Regulations pertaining to exhibition of sexually explicit films or videos in video booths.

A. A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel/hotel and regardless of whether or not a permit has been issued to said business under this chapter, which exhibits on the premises in a viewing room of less than 150 square feet of floor space a film, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1) Upon application for a sexually oriented business permit, 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, 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 with no dimension greater than eight feet. The diagram shall also designate the place at which this 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 with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Township Manager or his designee 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 Manager or his designee.

(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated at 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 the manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have 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 owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the view area specified in Subsection A(5) remains unobstructed by any doors, walls, merchandise, display racks or other materials or persons at all times and 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 of this section.

(7) No viewing room may be occupied by more than one person at any one time. No holes, commonly known as "glory holes," shall be allowed in the walls or partitions which separate each viewing room from an adjoining viewing room or restroom.

(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two footcandles as measured at the floor level.

(9) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

B. A person having a duty under § 59-21A(1) through (9) commits a summary offense if he/she knowingly fails to fulfill that duty.

§ 59-22 Prohibitions regarding minors.

A. Except as set forth in § 59-22B, a person commits a summary offense if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly or with reasonable cause to know, permit, suffer or allow:

(1) Admittance of a person under 18 years of age to the business premises unless accompanied by a parent or guardian;

(2) A person under 18 years of age to remain at the business premises unless accompanied by a parent or guardian;

(3) A person under 18 years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or

(4) A person who is under 18 years of age to work at the business premises as an employee.

B. No adult bookstore shall at any time display any item listed in § 59-3, the definition of "sexually oriented businesses," in any public place which is accessible to a person under 18 years of age unless:

(1) The item is behind a checkout counter or cash register stand or adjacent to such counter or stand, provided that there is no access other than by employees and, if the cover of the item or the container in which it is packaged displays a visual representation of a specified anatomical area or a specified sexual activity, which cover or container is visible to minors lawfully on the premises, such cover or container must have an opaque screen or border of sufficient height to block the aforesaid display from public view; or

(2) The items are displayed in a specific area where no minors are allowed entry; a sign stating "no minors" or "adults only" in letters at least two inches in height must be posted at the entrance to such area.

C. The presence of a person under 18 years of age in such adult bookstore which complies with and enforces § 59-22B shall not constitute a summary offense under this chapter.

§ 59-23 Advertising and lighting regulations.

A. It shall be unlawful and a person commits a summary offense if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

B. It shall be unlawful and a person commits a summary offense if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.

C. The permittee shall not allow any portion of the interior premises to be visible from outside the premises.

D. All off-street parking areas and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business of the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

E. Nothing contained in this section of the chapter shall relieve the operator(s) of a sexually oriented business from complying with the requirements of this chapter, as it may be amended from time to time, or any subsequently enacted Township ordinances or regulations.

F. All signs shall be in accordance with Article XX, Signs, of Chapter 220, Zoning.

§ 59-24 Hours of operation.

A. It shall be unlawful and a person commits a summary offense if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.

B. It shall be unlawful and a person commits a summary offense if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service or solicits a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.

§ 59-25 Nudity prohibited.

A. The United States Supreme Court Decision in Barnes v. Glen Theater, Inc., 501 U.S. 560, 111 (1991), which upheld the rights of cities to prohibit live public exposure of a person's private parts, specifically applies to sexually oriented businesses (regardless of whether or not a permit has been issued to said businesses under this chapter), including said businesses where no alcoholic beverages are sold, served or consumed on the premises.

B. Knowingly and intentionally, in a sexually oriented business, appearing in a state of nudity or depicting a specified anatomical area or by specified sexual activities is prohibited within the Township, including any sexually oriented business. Any sexually oriented business which is found in violation of this § 59-25 shall have its permit suspended pursuant to the provisions of § 59-16.

§ 59-26 Regulations pertaining to live entertainment.

A. For purposes of this section, "live entertainment" is defined as a person who appears nude or seminude or a performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities.

B. No person shall perform live entertainment for patron(s) in a sexually oriented business establishment except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by a patron(s). No patron shall be permitted within 10 feet of the stage while the stage is occupied by a performer.

C. The sexually oriented business establishment shall provide separate dressing room facilities for female and male performers which shall not be occupied or used in any way by anyone other than performers.

D. The sexually oriented business establishment shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum four-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers.

E. No entertainer, either before, during or after a performance, shall have physical contact with any patron, and no patron shall have physical contact with any entertainer either before, during or after a performance. This subsection shall only apply to physical contact while in or on the premises of the establishment.

F. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this section.

G. No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performer shall place the gratuity in a container that is at all times located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron.

H. This § 59-26 shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess or bartender, comes within 10 feet of a patron. No employee shall engage in any specified sexual activity or display or expose any specified anatomical area while acting as a waiter, waitress, host, hostess or bartender.

I. Compliance with this section shall be as follows:

(1) For purposes of this section, "establishment" is defined as it is in § 59-3 of this chapter. No establishment shall be in compliance with this section unless the Township-designated agent(s) has inspected and approved of the establishment's compliance. The Township shall have 10 days from the date it receives written notice from the operator that the establishment is ready for inspection to approve or disapprove of compliance required by this section. Failure to approve or disapprove of compliance within 10 days shall constitute a finding of compliance under this section.

(2) The operator of an establishment that has been providing live entertainment under a valid sexually oriented business permit shall have the time periods listed below in which to bring the establishment into compliance with this section. Failure to do so while continuing to provide live entertainment shall cause the establishment's permit to be suspended under § 59-16 of this chapter. The permit shall remain suspended until the establishment is approved by the Township's designated agent(s) as being in full compliance with this section.

(3) The operator of an establishment that has been operating under a valid permit for another classification of sexually oriented business and who wishes to provide live entertainment at that establishment shall apply for and receive a sexually oriented business permit for the operation of an establishment providing live entertainment before any live entertainment is provided at that establishment. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this chapter.

(4) The applicant for a permit to operate a new establishment who wishes to provide live entertainment shall apply for and receive a sexually oriented business permit for the operation of an establishment providing live entertainment before any live entertainment is provided. No live entertainment permit shall be issued until the establishment is approved as being in full compliance with this section and all other applicable requirements of this chapter.

(5) Subsection B: 60 days from the date this section becomes effective.

(6) Subsection C: 90 days from the date this section becomes effective.

(7) Subsection D: 90 days from the date this section becomes effective.

(8) Subsection E: upon the date this section becomes effective.

(9) Subsection F: 60 days from the date this section becomes effective.

(10) Subsection G: upon the date this section becomes effective.

(11) Subsection H: upon the date this section becomes effective.

§ 59-27 Operation without valid permit.

A. In addition to the summary offense provisions found at other sections of this chapter, the following additional summary offenses shall also apply to sexually oriented businesses.

B. It shall be unlawful and a person commits a summary offense if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and said person knows or should know that:

(1) The business does not have a sexually oriented business permit under this chapter for any applicable classification;

(2) The business has a permit which is under suspension;

(3) The business has a permit which has been revoked; or

(4) The business has a permit which has expired.

§ 59-28 Exemptions.

A. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:

(1) By a college, junior college or university supported entirely or partly by taxation;

(2) 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

(3) In a structure:

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

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

(c) Where no more than one nude model is on the premises at any one time.

B. It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a restroom or during the employee's bona fide use of a dressing room which is accessible only to employees.

§ 59-29 Violations and penalties; additional relief.

A. In addition to whatever penalties are applicable under the Pennsylvania Crimes Code, if any person fails or refuses to obey or comply with or violates any of the provisions of this chapter, such person, upon conviction of such offense, shall be guilty of a summary offense and shall be punished by a fine of not more than $1,000 and costs of the action. Upon default of payment of such fines and costs, such person shall undergo imprisonment for a period not to exceed 90 days. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

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

B. Nothing herein contained shall prevent or restrict the Township from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

C. Further, nothing in this chapter shall be construed to prohibit the Township from prosecuting any violation of other ordinances of the Township.

D. All remedies and penalties provided for in this chapter shall be cumulative and independently available to the Township, and the Township shall be authorized to pursue any and all remedies set forth in this chapter to the full extent allowed by law.