[HISTORY: Adopted by the Board of Commissioners of the Township
of Robinson 10-12-1998 by Ord. No. 4-1998 (Ch. 13, Part 6, of
the 1989 Code). Amendments noted where applicable.]
It is the purpose of this chapter to regulate sexually oriented
businesses to promote the health, safety and general welfare of the
citizens of the Township and to establish reasonable and uniform regulations
to prevent the deleterious location and/or concentration of sexually
oriented businesses within the Township. The provisions of this chapter
have neither the purpose nor effect of imposing a limitation or restriction
on the content of any communicative materials, including sexually
oriented materials. Similarly, it is not the intent nor effect of
this chapter to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent nor effect of this
chapter to condone or legitimize the distribution of obscene material.
As used in this chapter, the following terms shall have the
meanings indicated:
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 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.
[Amended 11-13-2006 by Ord. No. 15-2006]
A commercial establishment which, as one of its business purposes,
offers for sale or rental for any form of consideration, or displays
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other business purposes
that do not involve the display or offering for sale or rental of
material depicting or describing specified sexual activities or specified
anatomical areas and still be categorized as an adult bookstore or
adult video store. Such other business purposes will not serve to
exempt such commercial establishment from being categorized as an
adult bookstore or adult video store so long as one of its business
purposes is the display or offering for sale or rental for consideration
of the specified materials, as set forth in A(1) and (2) above, which
depict, describe or involve specified sexual activities or specified
anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in the state of nudity.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions.
Offers sleeping rooms for rent four or more times in one calendar
day during five or more calendar days in any continuous thirty-day
period.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
A person who, for consideration, agrees to offer to act or
acts as a companion, guide or date for another person or who agrees
to or offers to privately model lingerie or to privately perform a
striptease for another person.
A person or business association that furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast.
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual(s)
listed on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy.
Masturbation, actual or simulated.
Excretory functions as part of or in connection with any of
the activities set forth above.
The increase in floor area occupied by the business by more
than 25%, as the floor areas exist on date of enactment of this chapter.
The Township of Robinson.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
Sexually oriented businesses are classified as follows:
A.
Any person who operates a sexually oriented business without a valid permit issued by the Township is guilty of a violation of the Zoning Ordinance (Chapter 300).
B.
An application for a permit to operate a sexually oriented business
must be made on a form provided by the Zoning Officer. The application
must be accompanied by a sketch or diagram showing the floor plan
and plot plan 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 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.
C.
The applicant must be qualified according to the provisions of this
chapter, and the premises must be inspected and found to be in compliance
with the law by the Zoning Officer and the Township Fire Marshal and/or
Fire Code Official.
D.
If a person who wishes to operate a sexually oriented business is
an individual, he/she must sign the application for a permit as applicant.
If a person who wishes to operate a sexually oriented business is
other than an individual, each individual who has a ten-percent or
greater interest in the business must sign the application for a permit
as applicant. If a corporation is listed as owner of a sexually oriented
business or as the entity which wishes to operate such a business,
each individual having a direct or indirect interest of 10% or greater
in the corporation must sign the application for a permit as applicant.
E.
The fact that a person possess other types of Township permits does
not exempt the person from the requirements of obtaining a sexually
oriented business permit.
A.
The Zoning Officer shall approve the issuance of a permit to an applicant
within 30 days after receipt of an application unless he/she finds
one or more of the following to be true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or an applicant's spouse is overdue in his payment
to the Township of taxes, fees, fines or penalties assessed against
him or imposed upon him in relation to a sexually oriented business.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the permit or has falsely answered a question or request
for information on the application form.
(4)
An applicant is residing with a person who has been denied a permit
by the Township to operate a sexually oriented business within the
preceding 12 months or residing with a person whose license to operate
a sexually oriented business has been revoked within the preceding
12 months.
(5)
The premises to be used for the sexually oriented business have been
reviewed and have been disapproved by either the Zoning Officer or
the Fire Marshal and/or Fire Code Official as not being in compliance
with applicable laws and ordinances.
(6)
The permit fee required by this chapter has not been paid.
(7)
An applicant of the proposed establishment is in violation of or
is not in compliance with any of the provisions of this chapter.
(8)
An individual applicant or any individual holding a direct or indirect
interest of more than 10% of a corporate applicant, or any of the
officers and directors of a corporate applicant, if the applicant
is a corporation; or any of the partners, including limited partners,
if the applicant is a partnership; or the manager or other person
in charge of the operation of the applicant's business has or
have been convicted of an offense involving sexual misconduct within
the Commonwealth of Pennsylvania or that would have constituted an
offense involving sexual misconduct if committed within the Commonwealth
of Pennsylvania. In order for approval to be denied pursuant to this
subsection, the person's or persons' conviction or release in
connection with the sexual misconduct offense must have occurred within
two years of the date of application in the event of a misdemeanor
and within five years of the date of application in the event of a
felony.
B.
The permit, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date and the address
of the sexually oriented business. The permit shall be posted in a
conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time.
C.
The Zoning Officer and Fire Marshal and/or Fire Code Official shall
complete their certification that the premises are in compliance or
not in compliance within 20 days of receipt of the application by
the Zoning Officer. The certification shall be promptly presented
to the Zoning Officer.
The annual fee for a sexually oriented business permit is $500.
A.
An applicant or permittee shall permit representatives of the Police
Department, Fire Marshal and/or Fire Code Official, Zoning Officer
or other Township departments or agencies to inspect the premises
of a sexually oriented business for the purpose of ensuring compliance
with the law at any time that the sexually oriented business is occupied
or open for business.
A.
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 222-5. Application for renewal should be made at least 30 days before the expiration date, and when made fewer than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
B.
If the Zoning Officer denies renewal of a license, the applicant
shall not be issued a permit for one year from the date of denial,
except that, after 90 days have elapsed since the date of denial,
the applicant may be granted a permit if the Zoning Officer finds
that the basis for denial of the renewal permit has been corrected
or abated.
The Zoning Officer shall suspend a permit for a period not to
exceed 30 days if he/she determines that a permittee or an employee
of a permittee has:
A.
Violated or is not in compliance with any section of this chapter.
B.
Engaged in excessive use of alcoholic beverages while on the sexually
oriented business premises.
C.
Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter.
D.
Knowingly permitted gambling by any person on the sexually oriented
business premises.
A.
The Zoning Officer shall revoke a permit if a cause of suspension set forth in § 222-9 occurs and the permit has been suspended within the preceding 12 months.
B.
The Zoning Officer shall revoke a permit if he/she determines that:
(2)
A permittee gave false or misleading information in the material
submitted to the Township during the application process.
(3)
A permittee or an employee of a permittee has knowingly allowed possession,
use or sale of controlled substances on the premises.
(4)
A permittee or an employee of a permittee has knowingly allowed prostitution
on the premises.
(5)
A permittee or an employee of a permittee knowingly operated the
sexually oriented business during a period of time when the permittee's
permit was suspended.
(6)
A permittee or an employee of a permittee has knowingly allowed any
act of sexual intercourse, sodomy, oral copulation, masturbation or
other explicit sexual conduct to occur in or on the permitted premises.
(7)
A permittee is delinquent in payment to the Township or state of
any taxes or fees relating to sexually oriented businesses.
C.
When the Zoning Officer revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective, except that, if the revocation is pursuant to Subsection B(1) above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.
D.
After denial of an application or denial of a renewal of an application
or suspension, revocation of a permit, the applicant or licensee or
permittee shall have the right to appeal said action to the Zoning
Hearing Board and to seek prompt judicial review of such administrative
action in any court of competent jurisdiction as well as to exercise
any and all other legal remedies.
A permittee shall not transfer his permit to another person.
A permittee shall not operate a sexually oriented business under the
authority of a permit at any place other than the address designated
in the application.
A.
A person is guilty of a violation of the Zoning Ordinance (Chapter 300) if he/she operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is a permitted use as a special exception. No sexually oriented businesses shall be located outside a district in which a sexually oriented business is a permitted use. Sexually oriented businesses, as defined herein, shall be permitted in the I-1 and I-2 Zoning Districts as a special exception.
[Amended 11-13-2006 by Ord. No. 15-2006]
B.
A person is guilty of a violation of the Zoning Ordinance (Chapter 300) if he/she operates or causes to be operated a sexually oriented business within 600 feet of:
C.
A person is guilty of a violation of the Zoning Ordinance (Chapter 300) if he/she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,200 feet of another sexually oriented business.
D.
A person is guilty of a violation of the Zoning Ordinance (Chapter 300) if he/she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof or the increase of floor areas of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
E.
For the purpose of this chapter, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as a part of the
premises where a sexually oriented business is conducted to the nearest
property line of the premises of a church, public or private pre-elementary,
elementary or secondary school, public library, child-care facility
or nursery school, or to the nearest boundary of an affected public
park.
F.
For the purposes of Subsection C of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
G.
Any sexually oriented business lawfully operating on date of enactment of this chapter that is in violation of Subsections A through F of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within 1,200 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use, and the later established business is nonconforming.
H.
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the grant or renewal of the sexually oriented business permit, of
a church, public or private pre-elementary, elementary or secondary
school, public library, child-care facility, child-oriented business,
nursery school or public park within 1,200 feet of the sexually oriented
business. This provision applies only to the renewal of a valid permit
and does not apply when an application for a permit is submitted after
a permit has expired or has been revoked.
A.
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room of fewer than 150 square feet of floor space a film
or videocassette or other video or other image production or reproduction
which depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
(1)
The application for a permit to operate a sexually oriented business
shall be accompanied by a floor plan and plot plan diagram of the
premises showing a plan thereof, specifying the location of one or
more manager's stations, the location of all viewing rooms, partitions
and doors 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 shall be oriented
to the north or to some designated street or object and shall be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The Zoning Officer
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 Zoning Officer
or his designee.
(4)
It is the duty of the owners and operators of the premises to ensure
that at least one 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 or viewing 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 owners and operators and it shall also be the duty of any agents and employees present on the premises to ensure that the view as specified in Subsection A(5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
(7)
No viewing room may be occupied by more than one person at any time.
No connections or openings to an adjoining viewing room shall be permitted.
(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 one footcandle,
as measured at the floor level.
(9)
It shall be the duty of the owners and operators and it shall also
be the duty of any agents and employees present in the premises to
ensure that the illumination described above is maintained at all
times that any patron is present in the premises.
It is a defense to prosecution under §§ 222-5 through 222-12 that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the Commonwealth of Pennsylvania,
or a college, junior college or university supported entirely or partly
by taxation.
B.
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation.
C.
In a structure:
(1)
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing.
(2)
Where, in order to participate in 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.
A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of this chapter is subject to an action in equity or a suit for injunction as well as citations for violation of the Zoning Ordinance (Chapter 300).
