Township of Upper Southampton, PA Adult Businesses

Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola.

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

SPECIFIED SEXUAL ACTIVITIES

Any device, costume or covering that simulates any of the body part included in Subsections (1) and (2) above.

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.

Excretory functions as part of or in connection with any of the other activities described in Subsections (1) through (4).

The foregoing definitions are generic. The uses and businesses governed by Subsection A include any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses set forth in Subsection A.

§ 36-3 Excluded activities.

This chapter does not apply to any of the following activities:

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.

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.

§ 36-4 Adult business permit required.

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.

A permit shall be issued to any applicant who has complied with all of the following requirements:

The applicant has paid the adult business application fee required pursuant to Subsection C.

The applicant has not made a material misstatement in the application for a license.

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.

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.

§ 36-5 Application for adult business permit.

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.

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.

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.

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.

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.

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.

Each application shall contain:

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.

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.

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.

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.

Each application shall also contain the following information about the applicant:

Full name, including any aliases, current residential address, telephone number, date of birth, social security number and driver's license number.

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.

Written proof that the applicant is at least 18 years of age.

Applicant's height, weight, color of eyes and hair.

Business, occupation or employment history of the applicant for three years immediately preceding the date of the application.

(6)

Two recent passport-style color photographs.

Such other information as may be deemed necessary by the Code Enforcement Officer to secure the foregoing information.

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.

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.

§ 36-6 Application processing.

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.

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:

The Code Enforcement Officer shall write or stamp "granted" or "denied" on the application and date and sign such notation.

If the application is denied, the Code Enforcement Officer shall provide a statement of the reasons for denial.

If the application is granted, the Code Enforcement Officer shall issue an adult business permit.

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.

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.

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.

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.

§ 36-7 Denial of permit.

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:

The lot or property on which the adult business is or is proposed to be located does not comply with the location or zoning requirements of the Upper Southampton Township Zoning Ordinance.[1]

[1]

Editor's Note: See Ch. 185, Zoning.

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.

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.

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)

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)

If the applicant is a partnership, any general or limited partner or applicant.

(c)

Any person currently employed by or in the adult business establishment.

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.

§ 36-8 Appeal of denial.

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.

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.

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.

§ 36-9 Reapplication after denial.

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.

§ 36-10 Grounds for suspension or revocation.

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:

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.

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.

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:

Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation.

The use of the establishment as a place where unlawful solicitation of sexual intercourse, sodomy, oral copulation or masturbation openly occur.

The occurrence of acts of lewdness, assignation or prostitution.

Any act constituting a violation of 18 Pa.C.S.A. § 5903 relating to the distribution of obscene and other sexual materials and performances.

Any act constituting a violation of provisions relating to obscene matter or distribution of harmful matter to minors.

(6)

Any conduct constituting a criminal offense of which an essential element consists of the use of force or violence.

(7)

Any act constituting a felony involving the sale, use, possession or possession for sale of any controlled substance.

Failure to abide by any disciplinary action previously imposed by the appropriate Township officer.

Failure to comply with one or more of the facilities and operations requirements set forth in § 36-14.

The existence of the condition of the premises as hazardous or unsafe for human occupancy.

§ 36-11 Notice of permit violations.

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.

§ 36-12 No refund of fee.

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.

§ 36-13 Return of permit.

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.

§ 36-14 Facilities and operation requirements.

All adult business establishments subject to the provisions of this chapter shall comply with the following facilities and operations requirements:

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.

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.

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.

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.

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.

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.

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.

Visibility into booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever.

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.

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

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.

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.

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.

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.

The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

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.

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.

The adult business shall provide and entrance/exit for entertainers separate from the entrance/exit used by patrons.

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.

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)

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

Adult businesses shall employ security guards in order to maintain public peace and safety, based upon the following standards:

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.

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.