[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 1-16-1997 by Ord. No. 606. Amendments
noted where applicable.]
A.
Purpose.
(1)
Pursuant to the authority granted in the First Class
Township Code to prohibit nuisances, to promote the health, cleanliness,
comfort and safety of the citizens of Nether Providence Township and
to regulate the time of opening and closing and the conduct of places
of public entertainment, amusement and recreation, the Township of
Nether Providence enacts this chapter to minimize and control the
adverse effects of adult entertainment businesses and thereby protect
the health, safety and welfare of its citizens; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of blight.
(2)
The Board of Commissioners has determined that locational
criteria alone does not adequately protect the health, safety and
general welfare of the people of the Township, and that licensing
is a legitimate and reasonable means of accountability to insure that
operators of adult entertainment businesses comply with reasonable
regulations and to insure that operators do not knowingly allow their
establishments to be used as places of illegal sexual activity or
solicitation.
(3)
The Board of Commissioners does not intend this chapter
to suppress any speech activities protected by the First Amendment,
but to enact a content neutral ordinance which addresses the secondary
effects of adult entertainment businesses.
B.
Findings. The Board of Commissioners finds the following:
(1)
It adopts by reference the adverse secondary effects
of adult entertainment businesses presented in hearings and in reports
and adopted as part of Township Ordinance No. 606 enacted January
16, 1997.
(3)
Adult entertainment businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(4)
A reasonable licensing procedure is an appropriate
mechanism to place the burden of that reasonable regulation on the
owners and the operators of the adult entertainment businesses. Further,
such a licensing procedure will place a heretofore nonexistent incentive
on the operators to see that the adult entertainment business is run
in a manner consistent with the health, safety and welfare of its
patrons and employees, as well as the citizens of the Township. It
is appropriate to require reasonable assurances that the licensee
is the actual operator of the adult entertainment business, fully
in possession and control of the premises and activities occurring
therein.
(5)
Removal of doors on adult booths and requiring sufficient
lighting on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters.
(6)
Requiring licensees of adult entertainment businesses
to keep information regarding current employees and certain past employees
will help reduce the incidence of certain types of criminal behavior
by facilitating the identification of potential witnesses or suspects
and by preventing minors from working in such establishments.
(7)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance
of the adult entertainment business, where such information is substantially
related to the significant governmental interest in the operation
of such uses, will aid in preventing the spread of sexually transmitted
diseases.
(8)
It is desirable in the prevention of the spread of
communicable diseases to obtain a limited amount of information regarding
certain employees who may engage in the conduct which this chapter
is designed to prevent or who are likely to be witnesses to such activity.
(9)
The fact that an applicant for an adult use license
has been convicted of a sexually related crime leads to the rational
assumption that the applicant is likely to engage in that conduct
in contravention of this chapter.
(10)
The barring of such individuals from the management
of adult uses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
(11)
The general welfare, health and safety of the citizens
of the Township will be promoted by the enactment of this chapter.
A.
KNOWINGLY
(1)
(2)
LICENSEE
SPECIFIED CRIMINAL ACTIVITY
(1)
(a)
(b)
(c)
(2)
TRANSFER OF OWNERSHIP OR CONTROL
(1)
(2)
(3)
As used in this chapter, the following words and phrases
shall have the meanings indicated unless the context clearly indicates
a different meaning:
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material or
performance described herein which is reasonably susceptible of examination
by a licensee or person; and
The age of the minor; provided, however, that
an honest mistake shall constitute an excuse from liability hereunder
if the licensee or person made a reasonable bona fide attempt to ascertain
the true age of such minor.
A person in whose name a license to operate an adult entertainment
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in an adult entertainment business.
Any of the following offenses: prostitution
or promotion of prostitution; dissemination of obscenity; sale, distribution
or display of harmful material to a minor; sexual performance by a
child; possession or distribution of child pornography; public lewdness;
indecent exposure; indecency with a child; engaging in organized criminal
activity; sexual assault; molestation of a child; gambling; distribution
of a controlled substance; or any similar offenses to those described
above under the criminal or penal code of other states or countries
for which:
Less than two years have elapsed since the date
of conviction or the date of release from confinement imposed for
the conviction, whichever is the later date, if the conviction is
of a misdemeanor offense;
Less than five years have elapsed since the
date of conviction or the date of release from confinement for the
conviction, whichever is the later date, if the conviction is for
a felony offense; or
Less than five years have elapsed since the
date of the last conviction or the date of release from confinement
for the last conviction, whichever is the later date, if the convictions
are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
The fact that a conviction is being appealed
shall have no effect on the disqualification of the applicant or a
person residing with the applicant.
(of an adult entertainment business) Includes any of the
following:
The sale, lease or sublease of the business;
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means; or
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
B.
The defined terms in Nether Providence Township Ordinance
No. 605, enacted January 16, 1997,[1] are hereby adopted by reference and include the definitions
of adult arcade; adult bookstore, adult novelty store or adult video
store; adult cabaret; adult motion-picture theater; adult theater;
employee; escort; escort agency; establishment; nude model studio;
nudity or a state of nudity; person; seminude or in a seminude condition;
sexual encounter center; sexually oriented business; specified anatomical
areas; specified sexual activities; and substantial enlargement.
A.
It is unlawful:
(1)
For any person to operate an adult entertainment business
without a valid adult entertainment business license issued by the
Township pursuant to this chapter;
(2)
For any person who operates an adult entertainment
business to employ a person to work for the adult entertainment business
who is not licensed as an adult entertainment business employee by
the Township pursuant to this chapter; or
(3)
For any person to obtain employment with an adult
entertainment business without having secured an adult entertainment
business employee license pursuant to this chapter.
B.
An application for a license must be made on a form
provided by the Township.
C.
All applicants must be qualified according to the
provisions of this chapter. The application may request and the applicant
shall provide such information (including fingerprints) as to enable
the Township to determine whether the applicant meets the qualifications
established in this chapter.
D.
If a person who wishes to operate an adult entertainment
business is an individual, the person must sign the application for
a license as applicant. If a person who wishes to operate an adult
entertainment business is other than an individual, each individual
who has a twenty-percent or greater interest in the business must
sign the application for a license as applicant. Each applicant must
be qualified under the following section and each applicant shall
be considered a licensee if a license is granted.
E.
The completed application for an adult entertainment
business license shall contain the following information and shall
be accompanied by the following documents:
(1)
If the applicant is:
(a)
An individual, the individual shall state his/her
legal name and any aliases and submit proof that he/she is at least
18 years of age.
(b)
A partnership, the partnership shall state its
complete name and the names of all partners, whether the partnership
is general or limited, and a copy of the partnership agreement, if
any.
(c)
A corporation, the corporation shall state its
complete name, the date of its incorporation, evidence that the corporation
is in good standing under the laws of its state of incorporation and
qualified and authorized to conduct business in Pennsylvania, the
names and capacity of all officers, directors and principal stockholders
and the name of the registered corporate agent and the address of
the registered office for service of process.
(2)
If the applicant intends to operate the adult entertainment
business under a name other than that of the applicant, he or she
must state the adult entertainment business's fictitious name and
submit the required registration documents.
(3)
Whether the applicant or a person residing with the
applicant has been convicted of a specified criminal activity as defined
in this chapter and, if so, the specified criminal activity involved,
the date, place and jurisdiction of each.
(4)
Whether the applicant or a person residing with the
applicant has had a previous license under this chapter or other similar
adult entertainment business ordinance from another municipality or
county denied, suspended or revoked, including the name and location
of the adult entertainment business for which the permit was denied,
suspended or revoked, as well as the date of the denial, suspension
or revocation, and whether the applicant or 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
chapter whose license has previously been denied, suspended or revoked,
including the name and location of the adult entertainment business
for which the permit was denied, suspended or revoked, as well as
the date of denial, suspension or revocation.
(5)
Whether the applicant or a person residing with the
applicant holds any other licenses under this chapter or other similar
adult entertainment business ordinance from another municipality or
county and, if so, the names and locations of such other licensed
businesses.
(6)
The specific classification of adult entertainment
use license for which the applicant is filing.
(7)
The location of the proposed adult entertainment business,
including a legal description of the property, street address and
telephone number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant.
(10)
The applicant's drivers permit number, Social Security
number and/or his/her or its state or federally issued tax identification
numbers.
(11)
A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the
business. The sketch or diagram need not be professionally prepared,
but it must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
(12)
A current certificate and straight-line drawing prepared
within 30 days prior to application by a registered land surveyor
depicting the property lines, the property to be certified and showing
the location of:
(a)
Any of the following located within 750 feet
of the property to be certified:
[1]
A church, synagogue, mosque, temple or building
which is used primarily for religious worship and related religious
activities.
[2]
A public or private educational facility, including
but not limited to child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges, and universities; school includes the school grounds,
but does not include the facilities used primarily for another purpose
and only incidentally as a school.
[3]
A licensed premises, licensed pursuant to the
alcoholic beverage control regulations of the Commonwealth of Pennsylvania.
[4]
Any other adult entertainment facility.
(c)
Any of the following within 500 feet of the
property to be certified:
[1]
A public park or recreational area which has
been designated for park or recreational activities, including but
not limited to park, playground, nature trails, swimming pool, reservoir,
athletic field, basketball or tennis courts, pedestrian/bicycle paths,
wilderness areas or other similar public land within the Township
which is under the control, operation or management of the Township
park and recreation authorities; or other similar land within the
Township which is under the control, operation or management of private
parties and open and available for use by the general public.
[2]
An entertainment business which is oriented
primarily towards children or family entertainment.
(13)
If an applicant wishes to operate an adult entertainment business which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall also comply with the application requirements set forth in § 78-12.
(14)
Before any applicant may be issued an adult entertainment
business employee license, the applicant shall submit, on a form to
be provided by the Township, the following information:
(a)
The applicant's name or any other name (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.
(15)
Attached to the application form for an adult entertainment
business employee license as provided above shall be the following:
(a)
A color photograph of the applicant clearly
showing the applicant's face and the applicant's fingerprints on a
form provided by any Police Department. Any fees for the photographs
and fingerprints shall be paid by the applicant.
(b)
A statement detailing the license history of
the applicant for the five years immediately preceding the date of
the filing of the application, including whether such applicant previously
operated or is seeking to operate, in this or any other county, municipality,
state or country any business or has ever had a license, permit or
authorization to do business denied, revoked or suspended or had any
professional or vocational license or permit denied, revoked or suspended.
In the event of any such denial, revocation or suspension, state the
name, the name of the issuing or denying jurisdiction and describe
in full the reason for the denial, revocation or suspension. A copy
of any order of denial, revocation or suspension shall be attached
to the application.
(c)
A statement on whether the applicant has been
convicted of a specified criminal activity as defined in this chapter
and, if so, the specified criminal activity involved, the date, place
and jurisdiction of each.
A.
Upon the filing of said application in a fully completed
form for an adult entertainment business employee license, the Township
shall issue a temporary license to said applicant. The application
shall then be referred to the appropriate Township official and/or
consultant for an investigation to be made on such information as
is contained on the application. The application process shall be
completed within 30 days from the date the completed application is
filed. After the investigation, the Township shall issue a license,
unless it is determined by a preponderance of the evidence that one
or more of the following findings is true:
(1)
The applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question
or request for information on the application form.
(2)
The applicant is under the age of 18 years.
(3)
The applicant has been convicted of a specified criminal
activity as defined in this chapter.
(4)
The adult entertainment business employee license
is to be used for employment in a business prohibited by local or
state law, statute, rule or regulation or prohibited by a particular
provision of this chapter.
(5)
The applicant has had an adult entertainment business employee license revoked by the Township within two years of the date of the current application. If the adult entertainment business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 78-9.
B.
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Township that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 78-5.
C.
Within 30 days after receipt of a complete adult entertainment
business application, the Township shall approve or deny the issuance
of a license to an applicant. The Township shall approve the issuance
of a license to an applicant unless it is determined by a preponderance
of the evidence that one or more of the following findings is true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or a person with whom the applicant is
residing is overdue in payment to the Township of taxes, fees, fines
or penalties assessed against or imposed upon him/her in relation
to any business.
(3)
An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question
or request for information on the application form.
(4)
An applicant or a person with whom the applicant is
residing has been denied a license by the Township to operate an adult
entertainment business within the preceding 12 months or whose license
to operate an adult entertainment business has been revoked within
the preceding 12 months.
(5)
An applicant or a person with whom the applicant is
residing has been convicted of a specified criminal activity defined
in this chapter.
(6)
The premises to be used for the adult entertainment
business has not been approved by the fire marshal and the building
official as being in compliance with applicable laws and ordinances.
(7)
The license fee required by this chapter has not been
paid.
(8)
An applicant of the proposed establishment is in violation
of or is not in compliance with any of the provisions of this chapter.
D.
The license, if granted, shall state on its face the
name of the person or persons or entity to whom it is granted, the
expiration date, the address of the adult entertainment business and
the specific classification of adult entertainment use for which the
license is issued. All licenses shall be posted in a conspicuous place
at or near the entrance to the adult entertainment business so that
they may be easily read at any time.
E.
The Fire Marshal and the Building Official shall complete
their certification that the premises is in compliance or not in compliance
within 20 days of receipt of the application by the Township.
F.
An adult entertainment business license shall issue
for the specific classification of adult entertainment use as permitted
by ordinance and applied for.
A.
An applicant or licensee shall permit representatives
of the Township, including the Fire Marshal, Zoning Officer or other
official and/or consultant, to inspect the premises of an adult entertainment
business for the purpose of ensuring compliance with the law at any
time it is occupied or open for business.
B.
A person who operates an adult entertainment business
or his agent or employee commits a violation of this chapter if he
refuses to permit such lawful inspection of the premises at any time
it is occupied or open for business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 78-3. Application for renewal shall be made at least 30 days before the expiration date and when made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
B.
When the Township denies renewal of a license, the
applicant shall not be issued a license for one year from the date
of denial. If, subsequent to denial, the Township finds that the basis
for denial of the renewal license has been corrected or abated, the
applicant may be granted a license if at least 90 days have elapsed
since the date denial became final.
The Township shall suspend a license for a period
not to exceed 30 days if it determines that a licensee or an employee
of a licensee has:
A.
The Township shall revoke a license if a cause of suspension in § 78-8 occurs, and the license has been suspended within the preceding 12 months.
B.
The Township shall revoke a license if it determines
that:
(1)
A licensee gave false or misleading information in
the material submitted during the application process;
(2)
A licensee has knowingly allowed possession, use or
sale of controlled substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the
premises;
(4)
A licensee knowingly operated the adult entertainment
business during a period of time when the licensee's license was suspended;
(5)
A licensee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or other sex act
to occur in or on the licensed premises; or
(6)
A licensee is delinquent in payment to the Township,
county or state for any taxes or fees past due.
C.
When the Township revokes a license, the revocation
shall continue for one year, and the licensee shall not be issued
an adult entertainment business license for one year from the date
the revocation became effective. If, subsequent to revocation, the
Township finds that the basis for the revocation has been corrected
or abated, the applicant may be granted a license if at least 90 days
have elapsed since the date the revocation became effective.
D.
After denial of an application or denial of a renewal
of an application or suspension or revocation of any license, the
applicant or licensee may seek prompt judicial review of such administrative
action in any court of competent jurisdiction. The administrative
action shall be promptly reviewed by the court.
A licensee shall not transfer his/her license
to another, nor shall a licensee operate an adult entertainment business
under the authority of a license at any place other than the address
designated in the application.
B.
A person commits a violation of this chapter if the
person operates or causes to be operated an adult entertainment business
within 100 feet of:
(1)
A church, synagogue, mosque, temple or building which
is used primarily for religious worship and related religious activities;
(2)
A public or private educational facility including
but not limited to child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges and universities; school includes the school grounds,
but does not include the facilities used primarily for another purpose
and only incidentally as a school;
(3)
A licensed premises, licensed pursuant to the alcoholic
beverage control regulations of the Commonwealth of Pennsylvania;
(4)
Any other adult entertainment business;
(5)
A boundary of a residential district as defined in
the Township Zoning Code;
(6)
A public park or recreational area which has been
designated for park or recreational activities including but not limited
to a park, playground, nature trail, swimming pool, reservoir, athletic
field, basketball or tennis courts, pedestrian/bicycle paths, wilderness
area or other similar public land within the Township which is under
the control, operation or management of the Township park and recreation
authorities or other similar land within the Township which is under
the control, operation or management of private parties and open and
available for use by the general public; or
(7)
An entertainment business which is oriented primarily
towards children or family entertainment.
C.
A person commits a violation of this chapter if that
person causes or permits the operation, establishment or maintenance
of more than one adult entertainment business in the same building,
structure or portion thereof or the increase of floor area of any
adult entertainment business in any building, structure or portion
thereof containing another adult entertainment business.
D.
For the purpose of Subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult entertainment business is conducted, to the nearest property line of the premises of a use listed in Subsection B. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this § 78-11.
E.
For purposes of Subsection B of this § 78-11, the distance between any two adult entertainment businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
A.
A person who operates or causes to be operated an
adult entertainment business, which exhibits on the premises in a
viewing room of less than 150 square feet of floor space, a film,
video cassette, live entertainment or other video reproduction which
depicts specified sexual activities or specified anatomical areas,
shall comply with the following requirements:
(1)
Upon application for an adult entertainment license,
the application shall be accompanied by a diagram of the premises
showing a plan thereof specifying the location of one or more manager's
stations and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons will not be permitted.
A manager's station may not exceed 32 square feet of floor area. The
diagram shall also designate the place at which the permit will be
conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer's or architect's blueprint shall not
be required; however, each diagram should be oriented to the north
or to some designated street or object and should be drawn to a designated
scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of interior of the premises to an accuracy
of plus or minus six inches. The Township may waive the foregoing
diagram for renewal applications if the applicant adopts a diagram
that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared.
(2)
The application shall be sworn to be true and correct
by the applicant.
(3)
No alteration in the configuration or location of
a manager's station may be made without the prior approval of the
Township.
(4)
It is the duty of the licensee of the premises to
ensure that at least one licensed employee is on duty and situated
in each manager's station at all times that any patron is present
inside the premises.
(5)
The interior of the premises shall be configured in
such a manner that there is an unobstructed view from a manager's
station of every area of the premises to which any patron is permitted
access for any purpose excluding rest rooms. Rest rooms may not contain
video reproduction equipment. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required in
this subsection must be by direct line of sight from the manager's
station.
(6)
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
(7)
No viewing room may be occupied by more than one person
at any time.
(8)
The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to which
patrons are permitted access at an illumination of not less than 5.0
footcandle as measured at the floor level.
(9)
It shall be the duty of the licensees to ensure that
the illumination described above is maintained at all times that any
patron is present in the premises.
(10)
No licensee shall allow openings of any kind
to exist between viewing rooms or booths.
(11)
No person shall make or attempt to make an opening
of any kind between viewing booths or rooms.
(12)
The licensee shall, during each business day,
regularly inspect the walls between the viewing booths to determine
if any openings or holes exist.
(13)
The licensee shall cause all floor coverings
in viewing booths to be nonporous, easily cleanable surfaces, with
no rugs or carpeting.
(14)
The licensee shall cause all wall surfaces and
ceiling surfaces in viewing booths to be constructed of, or permanently
covered by, nonporous, easily cleanable material. No wood, plywood,
composition board or other porous material shall be used within 48
inches of the floor.
A.
A nude model studio shall not employ any person under
the age of 18 years.
B.
A person under the age of 18 years commits a violation
of this chapter if the person appears seminude or in a state of nudity
in or on the premises of a nude model studio. It is a defense to prosecution
under this subsection if the person under 18 years was in a restroom
not open to public view or visible to any other person.
C.
A person commits a violation of this chapter if the
person appears in a state of nudity or knowingly allows another to
appear in a state of nudity in an area of a nude model studio premises
which can be viewed from the public right-of-way.
D.
A nude model studio shall not place or permit a bed,
sofa or mattress in any room on the premises, except that a sofa may
be placed in a reception room open to the public.
A.
It shall be a violation of this chapter for a person
who knowingly and intentionally, in an adult entertainment business,
appears in a state of nudity or depicts specified sexual activities.
B.
It shall be a violation of this chapter for a person
who knowingly or intentionally in an adult entertainment business
appears in a seminude condition unless the person is an employee who,
while seminude, shall be at least 10 feet from any patron or customer
and on a stage at least two feet from the floor.
C.
It shall be a violation of this chapter for an employee,
while seminude in an adult entertainment business, to solicit any
pay or gratuity from any patron or customer or for any patron or customer
to pay or give any gratuity to any employee while said employee is
seminude in an adult entertainment business.
A person commits a violation of this chapter
if the person knowingly allows a person under the age of 18 years
on the premises of an adult entertainment business.
No adult entertainment business may remain open
at any time between the hours of 1:00 a.m. and 11:00 a.m. on weekdays
and Saturdays, and 1:00 a.m. and 12:00 p.m. on Sundays.
It is a defense to prosecution under § 78-15 that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the Commonwealth
of Pennsylvania, a college, junior college or university supported
entirely or partly by taxation;
B.
By a private college or university which maintains
and operates educational programs in which credits are transferable
to a college, junior college or university supported entirely or partly
by taxation;
C.
By a community art center which is recognized as a
tax exempt organization under § 501(c)(3) of the Internal
Revenue Code; or
D.
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.
Any person, firm or corporation violating any
provisions of this chapter or the rules and regulations approved and
hereinafter adopted shall, upon summary conviction before any District
Justice, pay a fine not exceeding $500 and costs of prosecution, and,
in default of one payment of the fine and costs, the violator may
be sentenced to the county jail for a term of not more than 30 days.
Whenever such person shall have been officially notified by the Township
or by the service of a summons in a prosecution or in any other official
manner that he is committing a violation of this chapter or the rules
and regulations approved and hereinafter adopted, each day that he
shall continue such violation after such notification shall constitute
a separate offense punishable by a like fine or penalty. Such fines
or penalties shall be collected as like fines or penalties are now
by law collected.
