[HISTORY: Adopted by the Board of Supervisors of the Township of
Upper Southampton 3-19-2002 by Ord. No. 353.
Amendments noted where applicable.]
It is the purpose of this chapter to address the negative impacts associated
with adult or sexually oriented businesses as identified in the legislative
findings made in connection with the adoption of this chapter to reduce or
prevent neighborhood blight, to protect and preserve the quality of the Township's
neighborhoods and commercial districts, to protect the Township's retail
trade, to maintain property values; to protect and preserve the quality of
Township life, to reduce the incidence of unlawful activity and to promote
the health, safety, moral and general welfare of the citizens of 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 adult-oriented materials. Similarly, it is not the intent nor effect
of this chapter to restrict or deny access by adults to adult-oriented materials
protected by the First Amendment or to deny access by the distributors and
exhibitors of adult-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.
A.Â
ADULT ARCADE
ADULT BOOKSTORE
ADULT BUSINESS
ADULT BUSINESS OPERATOR
ADULT BUSINESS OWNER
ADULT CABARET
ADULT ENTERTAINMENT ENTERPRISE
ADULT ENTERTAINMENT ROOM
ADULT HOTEL/MOTEL
ADULT MODELING STUDIO
ADULT MOTION-PICTURE THEATER
ADULT VISUAL MATERIALS OR VIDEO STORE
APPLICANT
BAR
CODE ENFORCEMENT OFFICER
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
EMPLOYEE
ENTERTAINER
OPERATE AN ADULT BUSINESS
PERMITTEE
PERSON
REGULARLY FEATURES
SEMINUDE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
For the purpose of this chapter, unless the context clearly
requires a different meaning, the words, terms and phrases set forth shall
have the meanings given them in this section:
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still- or motion-picture or video machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per machine
at any one time and where the images so displayed are distinguished or characterized
by the depicting or describing of "specified sexual activities" or "specified
anatomical areas."
An establishment having as a substantial significant or preponderant
portion of its stock in matters which are distinguished or characterized by
their emphasis on content depicting, describing or relating to specified sexual
activities or specified anatomical areas, as defined herein.
Any adult or sexually oriented business, including any business establishment
that regularly features live performances which are distinguished or characterized
by an emphasis on the exposure of the genitals or buttocks of any person or
the breasts of any female person or specified sexual activities that involve
the exposure of the genitals or buttocks of any person or the breasts of any
female person or any business whose primary purpose is the sale of display
of matter that, because of its sexually explicit nature, may, pursuant to
state law or other regulatory authority, be offered only to persons over the
age of 18 years. Adult business may include an adult arcade, adult bookstore,
adult cabaret, adult hotel/motel, adult motion-picture theater, adult visual
materials or video store, adult modeling studio or adult entertainment enterprise,
as defined herein.
A person who supervises, manages, inspects, directs, organizes, controls
or in any other way is responsible for or in charge of the premises of an
adult business or the conduct or activities occurring on the premises thereof.
A person or persons who hold a financial or other business interest,
in whole or in part, either singly or jointly, in an adult business. For purposes
of this chapter, indicia of ownership may be established by evidence including,
but not limited to, business license information, fictitious business name
registration, utility billing information or by other competent evidence.
For purposes of this chapter, the person whose name appears on the business
license application as the business owner shall be deemed to be the adult
business owner.
A building or portion thereof or area regularly featuring the presentation
or exhibition of live performers whose performances are distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas, as hereinafter defined or whose
performances are rendered in a state of dress so as to expose the female breast
below a point immediately above the top of the areola, male or female genitals,
pubic areas, buttocks or the female breast with only the nipple and areola
covered, or any combination thereof, for observation by patrons or customers.
Any business activity wherein is furnished for a fee or charge or
other like consideration the opportunity to paint, feel, handle, touch, be
in the presence of, be entertained by, be painted by, felt by or touched by
the unclothed body or the unclothed portion of the body of another person
or to observe, view or photograph such activity; or a fee or charge or like
consideration is paid or received for goods sold or services rendered by or
in the presence of one or more persons with an unclothed body or an unclothed
portion of the body. Adult entertainment enterprise shall include, but not
be limited to the following business activities and activities similar thereto:
to adult or nude encounter studios, adult or nude dance studios, nude exhibitions,
peep shows, wrestling centers, adult or nude art or photograph studios. "Unclothed
portion of the body" shall mean state of dress so as to expose the female
breast below a point immediately above the top of the areola, male or females
genitals, pubic areas, buttocks or female breast with the nipple and areola
covered.
Any room of an adult entertainment establishment which constitutes
an adult cabaret, adult motion-picture theater, adult entertainment enterprise
or adult theater or adult visual materials or video store pursuant to this
section.
A hotel or motel or similar business establishment offering public
accommodations for any form of consideration which provides patrons with closed-circuit
television transmissions, films, computer-generated images, motion pictures,
video cassettes, slides or other photographic reproductions, 30% or more of
the number of which are distinguished or characterized by an emphasis upon
the depiction or description of specified sexual activities or specified anatomical
areas; and rents, leases or lets any room for less than a six hour period
or rents, leases or lets any single room more than twice in a twenty-four-hour
period.
A business which provides, for any form of compensation, monetary
or other consideration, hire or reward, figure models who, for the purposes
of sexual stimulation of patrons, display specified anatomical areas to be
observed, sketched, photographed, painted, sculpted or otherwise depicted
by persons paying such consideration. Modeling studio does not include schools
maintained pursuant to standards set by the State Board of Education. Modeling
studio further does not include a studio or similar facility owned, operated
or maintained by an individual artist or group of artists and which does not
provide, permit or make available "specified sexual activities."
A building or portion thereof or area, open or closed, used for the
presentation on more than 1/3 of the days in a calendar year during which
motion-picture films, videocassettes, cable television or any other such visual
media are displayed or exhibited, of films, videocassettes, cable television
or other visual media which are distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas as hereinafter defined, for observation by patrons
or customers. Adult motion-picture theater does not include any room or suite
of rooms rented for human occupancy in a hotel or motel which is equipped
or furnished with a videocassette playing machine or cable television, unless
such hotel or motel is determined to be an adult hotel/motel as defined herein.
A building or portion thereof used by an establishment having not
less than 30 percent of its actual display area devoted to or stock-in-trade
for sale or rental to the public or any segment thereof consisting of books,
magazines, other publications, films, videocassettes, or any combination thereof,
which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas as hereinafter defined.
A person who is required to file an application for permit under
this chapter, including an individual owner, managing partner, officer of
a corporation or any other operator, manager, employee or agent of an adult
business.
Any commercial establishment licensed by the Pennsylvania State Liquor
Control Board to serve any alcoholic beverages on the premises.
The person responsible for ordinance enforcement functions within
the jurisdiction of the Township, including, but not limited to, responsibility
for administration and enforcement of the provisions of this chapter.
The dominant or essential theme of the object described by such phrase.
Every owner, partner, manager, supervisor, performer or other worker,
whether paid or not, who renders services of any nature in the conduct of
an adult business establishment. For purposes of this chapter, it shall be
reputable presumption that every person who renders services of any nature
in the conduct of an adult business is an employee of the adult business.
Any person who is an employee or independent contractor of the adult
business or any person who, with or without any compensation or other form
of consideration, performs live entertainment for patrons of an adult business.
The supervising, managing, inspecting, directing, organizing, controlling
or in any way being responsible for or in charge of the conduct of activities
of an adult business or activities within an adult business.
The person to whom an adult business permit is issued.
Any individual, firm, association, partnership, limited liability
partnership, coparty, corporation, limited liability corporation, joint-stock
company, joint venture or combination of the above, or any other legal entity
in whatever form or character.
With respect to an adult business, means a regular, substantial course
of conduct. The presentation, in or at any building or potion thereof, of
live performances which are distinguished or characterized by an emphasis
upon the display of specified anatomical areas or specified sexual activity
on two or more occasions within a thirty-day period, three or more occasions
within a sixty-day period or four or more occasions within a one-hundred-eighty-day
period shall, to the extent permitted by law, be deemed to be a regular and
substantial course of conduct.
A state of dress in which clothing covers no more than the genitals,
pubic region, buttocks, areola of the female breast, as well as portions of
the body covered by supporting straps or devices, such as by G-strings, pasties,
thongs, bikinis or other similar forms of garments or devices.
Includes any of the following:
Includes any of the following, whether performed directly or indirectly
through clothing or other coverings:
Human genitals in a state of sexual stimulation or arousal.
Sexual acts, actual or simulated, including sexual intercourse, oral
copulation or sodomy.
Fondling or other erotic touching of human genitals, pubic region, buttocks
or female breast.
Masturbation, actual or simulated.
This chapter does not apply to any of the following activities:
A.Â
Any activity conducted or sponsored by a school district
or other public agency, so long as activity is being conducted as part of
and within the scope of an authorized and regular part of the curriculum or
is part of a training or instructional program being conducted by a public
agency.
B.Â
Any activity conducted by a person pursuant to any license
issued by the Commonwealth of Pennsylvania or any agency thereof charged with
the responsibility of licensing, prescribing standards for and supervising
such activity or profession, in and to the extent that such activity is conducted
within the course and scope of the exercise of the privileges authorized by
such license or the duties of such agency.
A.Â
It shall be unlawful for any person to engage in, conduct
or carry a permit to be engaged in, conducted or carried on, in or upon any
premises within the Township the operation of an adult business unless the
person first obtains and continues to maintain in full force and effect a
permit issued by the Code Enforcement Officer as required by this chapter.
B.Â
A permit shall be issued to any applicant who has complied
with all of the following requirements:
(2)Â
The applicant has not made a material misstatement in
the application for a license.
(3)Â
The establishment, including the building and lot or
portion thereof where the establishment is or is proposed to be situated and
the physical facilities and maintenance related thereto, complies with all
building, fire, electrical, plumbing, health, zoning requirements of this
Code, all the requirements of this chapter and all state and federal requirements
of a similar nature which are customarily enforced by the Township, as determined
pursuant to one or more inspections conducted by investigating officials of
the Township.
C.Â
Each application for a permit shall be accompanied by
a nonrefundable fee in an amount established by resolution of the Township
Board of Supervisors. The application fee shall be used to defray, in part,
administrative costs incurred in processing the application and is not made
in lieu of any other fees on taxes required under this chapter.
A.Â
Any person who proposes to operate, maintain or conduct
an adult business in the Township shall first submit to the Code Enforcement
Officer a complete application for an adult business permit on a form provided
by the Township containing the information set forth in this section and payment
of the required Township nonrefundable application fee as established by resolution
and amended by the Township Board of Supervisors from time to time. An application
which is not accompanied by the required application fee shall not be deemed
a complete application.
B.Â
If the applicant is an individual, the individual shall
state his/her complete name, including any aliases, address and submit satisfactory
written proof that he or she is at least 18 years of age.
C.Â
If the applicant is a partnership, the partners shall
state the partner's complete name, address, the names of all partners,
whether the partnership is general or limited and attach a copy of the partnership
agreement, if any.
D.Â
If the applicant is a corporation, the corporation shall
provide its name, the date of its corporation, evidence that the corporation
is in good standing under the laws of Pennsylvania, the names and capacity
of all officers and directors, name of the registered corporate agent and
the address of the registered office for service of process.
E.Â
If the applicant is an individual, he or she shall sign
the application. If the applicant is other than an individual, an officer
of the business entity or an individual with a ten-percent or greater interest
in the business entity shall sign the application.
F.Â
If the applicant intends to operate the adult business
under a name other than that of the applicant, the applicant shall file the
fictitious name of the adult business and show proof of registration of the
fictitious name.
G.Â
Each application shall contain:
(1)Â
A narrative description of the proposed on existing adult
business for which the permit is requested, which shall include hours of operation,
number of employees and description of titles and/or positions.
(2)Â
A sketch or diagram showing the interior floor plan and
configuration of the premises, depicting all interior rooms, including rest
rooms, office space, storage areas and public areas and dimensions. The sketch
or diagram need not be professionally prepared, but shall be drawn to a designated
scale with marked dimensions of the interior of the premises to an accuracy
of plus or minus six inches.
(3)Â
A site plan showing the lot or property on which the
adult business is or will be located, the location of the building or portion
thereof in which the adult business is or will be located, the number of available
parking spaces, the location and type of available and proposed lighting,
landscaping and trash enclosures and all means of ingress and egress to and
from the property. The site plan need not be professionally prepared, but
shall be drawn to scale with marked dimensions to an accuracy of plus or minus
one foot.
(4)Â
The full name, address and telephone number of the property
owner and/or property management company if different from the applicant,
a copy of the lease agreement in effect at the time of the application and
a copy of any other agreements, easements, conditions, covenants, restrictions
or other such documents that contain evidence affecting the use or operation
of the lot, property, premises or structures which will be subject to the
permit for which the application has been submitted.
H.Â
Each application shall also contain the following information
about the applicant:
(1)Â
Full name, including any aliases, current residential
address, telephone number, date of birth, social security number and driver's
license number.
(2)Â
The previous address of each applicant for a period of
three years immediately prior to the date of application and the dates of
residence on each.
(3)Â
Written proof that the applicant is at least 18 years
of age.
(4)Â
Applicant's height, weight, color of eyes and hair.
(5)Â
Business, occupation or employment history of the applicant
for three years immediately preceding the date of the application.
(6)Â
Two recent passport-style color photographs.
I.Â
Such other information as may be deemed necessary by
the Code Enforcement Officer to secure the foregoing information.
J.Â
An adult business establishment lawfully existing and
operating on the effective date of this chapter shall apply for a permit within
90 days therefrom and shall be allowed to continue operating during the pendency
of the application, provided it is otherwise in compliance with applicable
provisions of this chapter.
K.Â
Upon application of any adult business establishment
not lawfully existing and operating on the effective date of this chapter,
a temporary permit, not to exceed 30 days, shall be issued immediately upon
receipt of a completed application. This permit shall expire automatically
at the end of the thirty-day period unless extended by the Code Enforcement
Officer.
A.Â
Upon receipt of a completed application and payment of
the application and permit fees, the application shall be immediately stamped
as received by the Code Enforcement Officer.
B.Â
Within 30 days of receipt of the completed application,
the Code Enforcement Officer or his designated official shall conduct and
complete an investigation of the information contained in the application
to determine whether the applicant shall be issued an adult business permit
in accordance with the provisions of this chapter and notify the applicant
as follows:
(1)Â
The Code Enforcement Officer shall write or stamp "granted"
or "denied" on the application and date and sign such notation.
(2)Â
If the application is denied, the Code Enforcement Officer
shall provide a statement of the reasons for denial.
(3)Â
If the application is granted, the Code Enforcement Officer
shall issue an adult business permit.
(4)Â
The application as granted or denied and the permit,
if any, shall be sent by United States mail, first class postage prepaid,
addressed to the applicant to the address stated in the application.
C.Â
The Code Enforcement Officer shall grant the application
and issue a business permit upon finding that the proposed business meets
the location and zoning requirements of the Township and that the applicant
has met all of the development and performance standards and requirements
of this chapter.
D.Â
Upon notification that the permit has been granted by
the Code Enforcement Officer, or if the director fails to either grant or
deny the application within 30 days of receipt of a completed application,
the applicant may begin operating as an adult business pursuant to the terms
and conditions of the permit. The permittee shall post the permit conspicuously
in the premises of the adult business establishment.
E.Â
Each adult business permit shall expire one year from
the date of issuance and may be renewed only by filing with the Code Enforcement
Officer a written request for renewal, accompanied by the annual permit fee
and a copy of the permit to be renewed. The request for renewal shall be made
at least 30 days before the expiration date of the permit. When made less
than 30 days before the expiration date, the expiration of the permit will
not be stayed. Each application for renewal shall be acted on as provided
herein for action upon applications for permits.
A.Â
Within 30 days of receipt of a completed application,
the Code Enforcement Officer shall deny an application for a permit if he
or she makes any of the following findings:
(2)Â
The establishment, including the building or portion
thereof where the adult business is or is proposed to be situated and the
physical facilities and maintenance related thereto, fails to comply with
all applicable building, fire, electrical, plumbing and health requirements
of this Code, all applicable state and federal requirements of a similar nature
which are customarily enforced by the Township and all applicable provisions
of this chapter.
(3)Â
The applicant, his or her employee, agent, partner, director,
officer, shareholder or manager has knowingly made any false, misleading or
fraudulent statement of material fact in the application for an adult business
permit.
(4)Â
The applicant or any of the following persons has had
a license or permit issued pursuant to this chapter revoked within one year
of the date of the application:
(a)Â
If the applicant is a corporation, any officer or director
of the corporation or any stockholder holding more than 5% of the corporate
stock of the applicant.
(b)Â
If the applicant is a partnership, any general or limited
partner or applicant.
(c)Â
Any person currently employed by or in the adult business
establishment.
B.Â
Transmittal of decision. The permit or decision to deny
the application shall be given to the applicant, in writing, setting forth
specifically the ground or grounds upon which the decision is based, the pertinent
Code section or sections and a brief statement of the factual matters in support
thereof. The decision shall be mailed, postage prepaid, addressed to the applicant
at the last known address of the applicant, or it may be personally delivered
to the applicant.
A.Â
Appeal to the Board of Supervisors. Within 10 days from
the deposit of the denial in the mail or from its receipt by applicant, the
applicant may appeal, in writing, to the Board of Supervisors, setting forth
with particularity the ground or grounds for the appeal.
B.Â
Hearing on appeal. The Board of Supervisors, consisting
of at least three members, shall hear the appeal and shall set a time and
place for a hearing on the appeal not less than 10 days nor more than 30 days
from the date the appeal was received by the Board of Supervisors.
C.Â
Disposition of appeal. After the hearing on the appeal,
the Board of Supervisors may refer the matter back to the Code Enforcement
Officer for a new investigation and decision, may affirm the denial of the
application by the Code Enforcement Officer or may approve the application.
The decision of the Board of Supervisors shall be final. Notice of the Board
of Supervisors' decision shall be mailed to the applicant within 10 days
of the hearing date.
An applicant whose application for a license has been denied may reapply
for such license after a period of not less than one year has elapsed from
the date such denial was deposited in the mail or received by the applicant,
whichever occurs first; provided, however, that an earlier reapplication may
be made if accompanied by evidence that the ground or grounds for denial of
the application no longer exist.
A permittee may be subject to suspension or revocation of a permit issued
pursuant to this chapter or be subject to other appropriate disciplinary action
for any of the following grounds arising from the acts or omissions of the
permittee, or employee, agent, partner, director, stockholder or manager of
an adult businesses:
A.Â
The permittee has knowingly made any false, misleading
or fraudulent statement of material facts in the application for a permit
or in any report or reports required to be filed with the Township.
B.Â
The establishment, including the building and lot or
portion thereof where the establishment is or is proposed to be situated and
the physical facilities and maintenance related thereto, fails to comply with
all applicable building, fire, electrical, plumbing, health and zoning requirements
of this Code, all applicable state and federal requirements of a similar nature
which are customarily enforced by the Township and all provisions of this
chapter.
C.Â
The permittee, employee, agent, partner, director, stockholder
or manager of the adult business has knowingly allowed or permitted and has
failed to make a reasonable effort to prevent the occurrence of any of the
following on the premises of the adult business establishment:
(1)Â
Any act of unlawful sexual intercourse, sodomy, oral
copulation or masturbation.
(2)Â
The use of the establishment as a place where unlawful
solicitation of sexual intercourse, sodomy, oral copulation or masturbation
openly occur.
(3)Â
The occurrence of acts of lewdness, assignation or prostitution.
(4)Â
Any act constituting a violation of 18 Pa.C.S.A. § 5903
relating to the distribution of obscene and other sexual materials and performances.
(5)Â
Any act constituting a violation of provisions relating
to obscene matter or distribution of harmful matter to minors.
(6)Â
Any conduct constituting a criminal offense of which
an essential element consists of the use of force or violence.
(7)Â
Any act constituting a felony involving the sale, use,
possession or possession for sale of any controlled substance.
D.Â
Failure to abide by any disciplinary action previously
imposed by the appropriate Township officer.
E.Â
Failure to comply with one or more of the facilities and operations requirements set forth in § 36-14.
F.Â
The existence of the condition of the premises as hazardous
or unsafe for human occupancy.
Upon determining that grounds for permit suspension or revocation exist,
the Code Enforcement Officer shall furnish written notice of the proposed
suspension or revocation to the permittee. Such notice shall set forth the
time and place of hearing and the ground or grounds upon which the hearing
is based, the pertinent Code sections and a brief statement of the factual
matters in support thereof. The notice shall be mailed, postage prepaid, addressed
to the last known address of the permittee, and/or shall be delivered to the
permittee personally at least 10 days prior to the hearing date.
No refund or rebate of a permit fee shall be allowed by reason of the
fact the permit discontinues an activity for which a permit is required pursuant
to this chapter or that the license is suspended or revoked.
In the event that a permit is canceled, suspended, revoked or invalidated,
the permit shall be forwarded to the Code Enforcement Officer not later than
the end of the third business day after notification of such cancellation,
suspension, revocation or invalidation.
All adult business establishments subject to the provisions of this
chapter shall comply with the following facilities and operations requirements:
A.Â
Each adult business establishment shall comply with all
building, fire, electrical, plumbing, health and zoning requirements of this
Code, all state and federal requirements of a similar nature which are customarily
enforced by the Township and all provisions of this chapter.
B.Â
No adult business shall be operated in any manner that
permits the observation of any material or activities depicting, describing
or relating to "specific sexual activities" or specified anatomical areas
from any public way or from any location outside the building or area of such
establishment. This provision shall apply to any display, decoration, sign,
show window or other opening. No exterior door or window on the premises shall
be propped or kept open at any time while the business is open, and any exterior
windows shall be covered with opaque covering at all times.
C.Â
All off-street parking areas and premises entries of
the adult business should be illuminated from dusk to closing hours of operation
with a lighting system which provides an average maintained horizontal illumination
of one footcandle of lighting on the parking surface and/or walkways. The
required lighting level is established in order to provide sufficient illumination
of the parking areas and walkways servicing the sexually oriented business
for 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.
D.Â
The premises within which the adult business is located
shall provide sufficient sound-absorbing insulation so that noise generated
inside the premises shall not be audible anywhere on any adjacent property
or public right-of-way or within any other building or other separate unit
within the same building.
E.Â
With the exception of adult cabarets, each adult business
subject to this chapter shall close and remain closed from 12:00 midnight
to 9:00 a.m. the following day.
F.Â
The building entrance to an adult business shall be clearly
and legibly posted with a notice indicating that persons under 18 years of
age are precluded from entering the premises. The notice shall be constructed
and posted to the satisfaction of the Code Enforcement Officer or designee.
No person under the age of 18 years shall be permitted within the premises
at any time.
G.Â
All indoor areas to the adult business shall be physically
arranged in such a manner that the entire interior portion of the booths,
rooms, cubicles or stalls where adult entertainment is provided shall be clearly
visible from the common areas of the premises, excluding rest rooms. Rest
rooms may not contain video reproduction equipment.
H.Â
Visibility into booths, cubicles, rooms or stalls shall
not be blocked or obscured by doors, curtains, partitions, drapes or any other
obstruction whatsoever.
I.Â
No adult business shall contain partitions between subdivisions
of a room or portions or parts of a building, structure or premises with an
aperture which is designed or constructed to facilitate sexual activity between
persons on either side of the partitions.
J.Â
No viewing room may be occupied by more than one person
at any one time.
K.Â
Customers, patrons or visitors shall not be allowed to
stand idly by or in the vicinity of any such video booths or from remaining
in the common area of such business, other than the rest rooms, who are not
actively engaged in shopping for or reviewing the products available on display
for purchaser viewing. Signs prohibiting loitering shall be posted in prominent
places in and near the video booths.
L.Â
The floors, seats, walls and other interior portions
of all video booths shall be maintained clean and free from waste and bodily
secretions. Presence of human excrement, urine, semen or saliva in any such
booth shall be evidence of improper maintenance and inadequate sanitary controls;
repeated instances of such conditions may justify suspension or revocation
of the owner and operators license to conduct the adult-oriented establishment.
M.Â
All areas of the adult 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
one footcandle as measured at the floor level. It should be the duty of the
operator and operator's agents to ensure that the illumination required
by this subsection is maintained at all times that a patron is present on
the premises.
N.Â
The adult business shall provide and maintain separate
rest room facilities for male patrons and employees and female patrons and
employees. Male patrons and employees shall be prohibited from using the rest
room(s) for females and female patrons and employees shall be prohibited from
using the rest room (s) for males, except to carry out duties of repair, maintenance
and cleaning of the rest room facilities. The rest rooms shall be free from
any adult material. Rest rooms shall not contain television monitors or other
motion-picture or video projection, recording or reproduction equipment. The
foregoing provisions of this subsection shall not apply to an adult business
which deals exclusively with sale or rental of adult material which is not
used or consumed on the premises, such as an adult bookstore or adult video
store, and which does not provide rest room facilities to patrons or the general
public.
O.Â
The following additional requirements shall pertain to
adult businesses providing live entertainment depicting specified anatomical
areas or involving specified sexual activities:
(1)Â
No person shall perform live entertainment for patrons
of an adult business 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 patrons, and no patron shall be permitted within
10 feet of the stage while the stage is occupied by an entertainer.
(2)Â
The adult business shall provide separate dressing room
facilities for entertainers which are exclusively dedicated to the entertainer's
use. No cameras or other surveillance devices shall be installed or maintained
by the adult business owner or operator in the dressing room facilities for
the purpose of broadcasting or projecting images for viewing by the patrons
of the establishment or for broadcasting or projecting images over the Internet.
(3)Â
The adult business shall provide and entrance/exit for
entertainers separate from the entrance/exit used by patrons.
(4)Â
The adult business shall provide access for entertainers
between the stage and the dressing rooms which is completely separated from
the patrons. If such separate access is not physically feasible, the adult
business shall provide a minimum three-foot-wide walk aisle for entertainers
between the dressing room area and the stage, with a railing, fence or other
barrier separating the patrons and the entertainers capable of (and which
actually results in) preventing any physical contact between patrons and entertainers.
(5)Â
No entertainer, before, during or after performances,
shall have physical contact with any patron, and no patron shall have physical
contact with any entertainer either before, during or after performances by
such entertainer. This subsection shall only apply to physical contact on
the premises of the adult business.
(6)Â
Fixed rail(s) at least 30 inches in height shall be maintained
establishing the separations between entertainers and patrons required by
this subsection.
P.Â
Adult businesses shall employ security guards in order
to maintain public peace and safety, based upon the following standards:
(1)Â
Adult businesses featuring live entertainment shall provide
at least one security guard at all times while the business is open. If the
occupancy limit of the premises is greater than 35 persons, an additional
security guard shall be on duty.
(2)Â
Security guard(s) for other adult businesses may be required if it is determined by the Code Enforcement Officer that their presence is necessary in order to prevent any of the conduct listed in § 36-10 from occurring on the premises.
(3)Â
Security guard(s) shall be charged with preventing violations
of law and enforcing compliance by patrons of the requirements of these regulations.
Security guard(s) shall be uniformed in such a manner so as to be readily
identifiable as a security guard by the public and shall be duly licensed
as a security guard as required by applicable provisions of state law. No
security guard required pursuant to this subsection shall act as a door person,
ticket taker, admitting person or sole occupant of the manager's station
while acting as a security guard.
Q.Â
The requirements of this section shall be deemed conditions
of adult business regulatory permit approvals, and failure to comply with
every such requirement shall be grounds for suspension or revocation of the
permit issued pursuant to these regulations.
A.Â
The applicant shall authorize and allow entry by public
officials of the Township into the premises wherein the applicant operates
or proposes to operate an adult business establishment for the purpose of
conducting one or more inspections to determine whether the establishment
complies with all applicable building, fire, electrical, plumbing, health
and zoning requirements of this Code, all state and federal requirements of
a similar nature which are customarily enforced by the Township and the provisions
of this chapter.
B.Â
Any and all investigating officials of the Township shall
have the right to enter adult entertainment establishments from time to time
during regular business hours to make reasonable inspections to observe and
enforce compliance with building, fire, plumbing, zoning or health regulations
or provisions of this chapter. A warrant shall be obtained whenever required
by the law.
C.Â
A person who operates an adult business or his or her
agent or employee is in violation of the provisions of this chapter if he
or she refuses to permit a lawful inspection of the premises at any time it
is occupied or open for business.
It shall be unlawful to operate an adult business establishment under
any name or conduct business under any designation not specified in the permit.
Before changing the location of an adult business establishment, an application to the Code Enforcement Officer shall be made pursuant to § 36-5.
No permit issued pursuant to the provisions of this chapter shall be assigned or transferred in any manner, nor shall any person other than those mentioned in such permit engage in the enterprise for which the permit is issued. As used herein, "transfer" shall include, but not be limited to, any modification of a business entity operating an enterprise or otherwise required to be disclosed pursuant to § 36-5, including transfer of more than 10 percent of the stock of any corporation.
The owner or operator of an adult business establishment shall display
the permit in an open and conspicuous place on the premises. Passport-size
photographs of the permit shall be affixed to the permit on display pursuant
to this section.
Each operator of an establishment subject to the provisions of this
chapter and legally doing business on the effective date of this chapter shall
apply for a permit not later than 90 days therefrom and shall comply with
all requirements which are prerequisites for issuance of a license before
such license will issue.
The provisions of this chapter regulating adult businesses are not intended
to be exclusive and compliance therewith shall not excuse noncompliance with
any other regulations pertaining to the operation of businesses adopted by
the Township.
Whenever the requirements of this chapter are in conflict with other
requirements of the code of the Township of Upper Southampton, the most restrictive
or those imposing the higher standards shall govern.