In the Light Manufacturing and Industrial District, land, buildings
and/or structures may be used and buildings and/or structures may
be erected, altered and maintained for only the following uses.
[Amended 6-19-1989 by Ord. No. 5-1989]
A.Â
Principal
permitted uses are as follows:
(1)Â
Automobile, truck, motorcycle, farm equipment, construction equipment
servicing, painting, upholstering, collision repair, tire retreading
and recapping and battery manufacturing, not including retail gasoline
service station.
(2)Â
Bakery.
(3)Â
Boatbuilding.
(4)Â
Bottling works.
(5)Â
Building materials storage and sales.
(6)Â
Car wash.
(7)Â
Clothing manufacture.
(8)Â
Cold storage or locker food storage.
(9)Â
Contractors' offices and equipment and materials storage.
(10)Â
Cosmetics and manufacture of legal drugs.
(11)Â
Distribution plant, including parcel delivery, etc.
(12)Â
Dry cleaning and commercial laundry.
(13)Â
Electrical goods manufacture, limited to household items.
(14)Â
Food products processing and packaging, except meat, fish and
dog or cat food processing.
(15)Â
Furniture and hardware manufacture.
(16)Â
Jewelry, timepiece, optical, musical instrument or scientific
instrument manufacture.
(17)Â
Machine ship.
(18)Â
Manufacture of tools, dies or patterns.
(19)Â
Machinery repair, sales and display.
(20)Â
Metal fabrication, with foundry casting limited to lightweight
nonferrous metals and drop hammer or punch press with capacity of
not more than 50 tons.
(21)Â
Printing and publishing plants.
(22)Â
Research laboratories.
(23)Â
Sign and display manufacturing and storage.
(24)Â
Truck terminals, including offices, dormitories, transfer depots,
truck servicing and repairing.
(25)Â
Veterinary hospitals.
(26)Â
Warehousing, storage and packaging.
(27)Â
Wholesale business.
(28)Â
Public utility service buildings, structures and facilities.
(29)Â
Government uses.
(30)Â
Parking lots or structures to serve principal permitted uses
in the Commercial or Light Manufacturing and Industrial District,
publicly or privately operated.
[Amended 6-19-1989 by Ord. No. 5-1989]
A.Â
Accessory
uses as follows:
(1)Â
Accessory buildings directly related to the principal use.
(2)Â
Offices.
(3)Â
Parking and loading areas, garages or sheds.
(5)Â
Outdoor storage of semifinished, finished or scrap materials or goods,
when screened from public view beyond the limits of the Light Manufacturing
and Industrial District.
A.Â
Manufacture,
where not specifically listed above, of finished products from previously
prepared materials made of wood, glass, textiles, cork, leather, bone,
horn, shell, fur, feathers, hair, rubber, paper, plastics or metal.
B.Â
Day care
of children and adults.
[Added 9-8-2015 by Ord.
No. 04-2015]
No building or structure erected or enlarged in the Light Manufacturing
and Industrial District shall exceed in height 50 feet or two stories.
Accessory buildings or structures shall not exceed 14 feet in height
or one story, except signs.
The minimum setback of a structure or building from an adjacent
street or property line shall be as follows:
The following standards governing the operation of permitted
activities in the LM District shall apply where they are more restrictive
than applicable controls of Allegheny County or the Commonwealth of
Pennsylvania. These standards shall apply to all industrial construction,
whether new facilities or expansion of existing operations, proposed
after adoption of this chapter.
A.Â
The developer shall produce evidence that the performance requirements
of Allegheny County and the Commonwealth of Pennsylvania have been
or will be met in the conduct of the proposed operation.
B.Â
The following are maximum allowable emissions as measured along property
or district boundaries, as noted:
(1)Â
Noise: 50 decibels along the boundary of the district, whether steady
or intermittent, except noise of transportation in motion which shall
be excluded.
(2)Â
Smoke: density equivalent to Number 2 on the Ringelmann smoke detection
chart measured along district boundaries.
(3)Â
Glare: intensity of 50 footcandles from a direct light source measured
along property lines or 20 footcandles measured along district boundaries
on any surface.
C.Â
The following controls on potentially noxious side effects of industrial
operations shall also apply, and the developer shall demonstrate to
the Planning Commission's satisfaction that, if activities likely
to produce these side effects will be a part of the operation, measures
will be taken to conform to these controls:
(1)Â
Dust: shall be gathered within the structure housing the process
producing the dust.
(2)Â
Sky-reflected glare: All operations producing sky-reflected light
shall be conducted in an enclosed structure.
(3)Â
Vibration: No vibration from any process shall be discernible beyond
the boundary of the property on which a vibration-producing process
occurs.
(4)Â
Outside storage:
(a)Â
Solids. Solid materials shall be screened from view from any
public street and from areas outside the Industrial "LM" District.
(b)Â
Liquids. Liquid materials shall be stored in vented tanks below
grade or in above-grade vessels, not exceeding 35 feet in height,
surrounded by a dike of sufficient capacity to contain the maximum
volume of the tank or tanks thus enclosed.
(5)Â
Waste disposal.
(a)Â
Solid. Solid waste shall be removed from a property not less
often than once weekly.
(b)Â
Liquid. Liquid waste shall be directed to the sanitary public
sewer or, if certain liquid wastes are not permitted to enter the
sewers, they shall be removed from the property producing them and
disposed of outside the Borough in a manner complying with state requirements.
As used in this article, 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 of
five or fewer persons per machine at any time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of its principal purposes,
offers for sale or rental for any form of consideration 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.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore and 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 principal business purposes
is the offering for sale or rental for consideration of the specified
materials which depict or describe 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.
Either or both of the following:
An exhibition of any adult-oriented motion pictures, meaning
those distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
A live performance, display or dance of any type which has a
significant or substantial portion of the performance of specified
sexual activities or exhibition and viewing of specified anatomical
areas, removal of articles of clothing or appearing unclothed, pantomiming,
modeling, or any other personal services offered patrons.
An enclosed building with a capacity of less than 50 persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
A hotel, motel or similar commercial establishment, which:
Offers accommodations to the public for any form of consideration
and 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 any single sleeping room for rent four or more times
in one calendar day during five or more calendar days in any continuous
thirty-day period.
An enclosed building with a capacity of 50 or more persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
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 by sexual activities.
The person whose name appears on the application to operate
a sexually oriented establishment or business.
A commercial establishment which, as one of its principal
business purposes, serves and/or sells to children and their families
food, apparels, goods, services, play and/or entertainment.
Any and all persons, including independent contractors, who
work in or at or render any service directly related to the operation
of a sexually oriented establishment.
A person who provides entertainment within a sexually oriented
establishment, whether or not a fee is charged or accepted for entertainment
and whether or not entertainment is provided as an employee or an
independent contractor.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association which furnishes, offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
An employee of the Allegheny County Health Department authorized
and designated by Council of the Borough of Verona or an employee
of or other person designated by the Borough of Verona to inspect
premises regulated under this article and to cooperate in taking the
required actions authorized by this article where violations are found
on a premises to request correction of unsatisfactory conditions found
on said premises.
A person, corporation or partnership in whose name a license
to operate a sexually oriented business or other business within the
Borough of Verona has been issued, as well as the individual listed
as an applicant on the application for a license.
A person under 18 years of age.
Any place where a person appears seminude, in a state of
nudity or who displays specified anatomical areas and 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 term "nude model studio" shall not include a proprietary
school licensed by the state of Pennsylvania or a college, junior
college or university supported entirely or in part by public taxation;
a private college or university which maintains and operates educational
programs in which credits are transferable to college, junior college
or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of the structure
and no other advertising that indicated a nude or seminude person
is available for viewing.
Where in order to participate in a class a student must enroll
at least three days in advance of the class.
Where no more than one nude or seminude model is on the premises
at any one time.
The appearance of a human bare buttocks, anus, male genitals,
female genitals or a female breast.
A person, partnership or corporation operating, conducting
or maintaining a sexually oriented establishment.
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 and devices.
Does not include any of the following:
Medical publications or films or bona fide educational publications
or films.
Any art or photography publications which devote at least 25%
of the lineage of each issue to articles and advertisements dealings
with subjects of art or photography.
Any news periodical which reports or describes current events
and which from time to time publishes photographs of nude or seminude
persons in connection with the dissemination of the news.
Any publications or films which describe and report different
cultures and which, from time to time publish or show photographs
or depictions of nude or seminude persons when describing cultures
in which nudity or seminudity is indigenous to the populations.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
Includes, without limitation, the following establishments
when operated for profit, whether direct or indirect:
Adult arcade.
Adult bookstore or adult video store.
Adult cabaret.
Adult motion-picture theaters.
Adult mini motion-picture theaters.
Adult motel.
Adult theater.
Escort agency.
Nude model studio.
Sexual encounter center.
Any premises to which the public, patrons or members are invited
or admitted and which are so physically arranged as to provide booths,
cubicles, rooms, studios, compartments or stalls separate from the
common areas of the premises for the purpose of viewing sexually oriented
motion pictures or where the entertainer provides adult entertainment
of a sexual nature to a member of the public, patron or member.
An adult entertainment studio or any premises that are physically
arranged and used as such, whether advertised or represented as an
adult entertainment studio, exotic dance studio, encounter studio,
sensitivity studio, modeling studio or any other term of like import.
The term "booths, cubicles, rooms, studios, compartments or stalls,"
for purposes of defining sexually oriented establishments, does not
mean enclosures which are private offices used by the owner, manager
or persons employed on the premises for attending to the tasks of
their employment and which are not held out to the public for the
purpose of viewing motion pictures or other entertainment for a fee
and which are not open to persons other than employees.
A business or establishment which offers its patrons services
or entertainment characterized by an emphasis on matter depicting,
describing or relating to specific sexual activities or specified
anatomical areas.
Includes:
Includes any of the following:
Human genitals in a state of sexual stimulation or arousal.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy.
Acts of human masturbation, sexual intercourse or sodomy.
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts.
Excretory functions as part of or in connection with any of
the activities set forth herein.
Of sexually oriented establishment means the increase in
floor areas occupied by the business by more than 25%, as the floor
areas exist on date of enactment of this article, or an addition or
expansion of more than 2,000 square feet.
Of a sexually oriented establishment, means and includes
any of the following:
The sale or sublease of the business.
The transfer of the 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.
[1]
Editor’s Note: The title of this section was changed
9-8-2015 by Ord. No. 04-2015.
A.Â
A sexually oriented establishment shall not be permitted to be located
within 1,000 feet of any other sexually oriented establishment, whether
situate in the Borough of Verona or otherwise.
B.Â
No sexually oriented establishment shall be located within 500 feet
from any residentially zoned land (excluding conservation districts)
or lot used principally for residential use, whether situate in the
Borough of Verona or otherwise. However, at Council's discretion,
this distance may be reduced when there is a significant topographical
change between the residential use or zoning and the site for the
sexually oriented establishment.
C.Â
No sexually oriented establishment shall be located within 500 feet
of any parcel of land situate in the Borough of Verona or otherwise
which contains any one or more of the following specified land uses:
D.Â
The distance between any two sexually oriented establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any sexually oriented establishment and a land use specified in Subsection C above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the sexually oriented establishments to the closest point on the property line of said land use.
E.Â
No materials, merchandise, film offered for sale, rent, lease, loan
or for view upon the premises shall be exhibited or displayed outside
of a building or structure.
F.Â
Any building or structure occupied as a sexually oriented establishment
shall be windowless or have an opaque covering over all windows or
doors of any area in which materials, merchandise or films are exhibited
or displayed, and no materials, merchandise or films shall be visible
from outside of the building or structure.[2]
G.Â
Signs for sexually oriented establishments shall contain no photographs,
silhouettes, drawings or pictorial representations of any specified
anatomical areas or specified sexual activities.
H.Â
Each entrance, where minors are not permitted either by established
policy or law, to the premises shall be clearly posted with a notice
of a minimum size 8Â 1/2 inches by 11 inches, specifying that
persons under the age of 18 years are not permitted to enter therein
and warning all other persons that they may be offended upon entry.
I.Â
No sexually oriented establishment may change to another sexually
related facility except upon approval of an additional conditional
use. A sexually oriented establishment license shall not be transferred
to another, nor may a licensee operate a sexually oriented establishment
under the authority of a license at any place other than the address
designated in the application.
J.Â
A license shall be required for sexually oriented establishments,
as follows:
(1)Â
Any person who operates a sexually oriented business without a valid
license issued by the Borough is guilty of a violation of this article.
(2)Â
An application for a license 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.
(3)Â
The applicant must be qualified according to the provisions of this
article and the premises must be inspected and found to be in compliance
with the law by the Zoning Officer or other designee of the Borough
of Verona and the Fire Marshal.
(4)Â
If a person who wishes to operate a sexually oriented business is
an individual, he must sign the application for a license as applicant.
Each individual who has a ten-percent or greater interest in the business
must sign the application for a license 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 license as applicant.
(5)Â
The fact that a person possesses other types of Borough licenses
does not exempt the person from the requirement of obtaining a sexually
oriented business license.
K.Â
Issuance of license.
(1)Â
The Zoning Officer shall approve the issuance of a license to an
applicant within 30 days after receipt of an application unless he
finds one or more of the following to be true:
(a)Â
An applicant is under 18 years of age.
(b)Â
An applicant or an applicant's spouse or someone the applicant
is residing with is overdue in his payment to the Borough of Verona
for taxes, fees, fines or penalties assessed against him or imposed
upon him.
(c)Â
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.
(d)Â
An applicant is residing with a person who has been denied a
license by the Borough of Verona to operate a sexually oriented business
within the preceding 12 months or is residing with a person whose
license to operate a sexually oriented business has been revoked within
the preceding 12 months.
(e)Â
The premises to be used for the sexually oriented business has
been reviewed and has been disapproved by either the Zoning Officer
or the Fire Marshal as not being in compliance with applicable laws
and ordinances.
(f)Â
The license fee required by this article has not been paid.
(g)Â
An applicant of the proposed establishment is in violation of
or is not in compliance with any of the provisions of this article.
(h)Â
An individual applicant or any individual holding a direct or
indirect interest of 10% or more in the business 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, including, but not limited to, prostitution, obscenity
and possession of child pornography, or convicted of any offense in
any jurisdiction other than the Commonwealth of Pennsylvania 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.
(2)Â
The license, 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 license 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.
(3)Â
Zoning Officer and Fire Marshal 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.
L.Â
Fees.
(1)Â
Every application for a sexually oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee in
an amount set from time to time by resolution of the Mayor and Council.
(2)Â
In addition to the application and investigation fee required above,
every sexually oriented business that is granted a license (new or
renewal) shall pay to the Borough of Verona an annual nonrefundable
license fee in an amount set by resolution of the Mayor and Council
within 30 days of license issuance or renewal.
(3)Â
Every application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual nonrefundable application, investigation
and license fee in an amount set by resolution of the Mayor or Council.
(4)Â
All license applications and fees shall be submitted to the Mayor
of the Borough for review and investigation and approval or denial.
M.Â
Inspection.
(1)Â
Applicant or licensee shall permit authorized Borough of Verona officials
and their agents or consultants to inspect the premises of a sexually
oriented business for the purpose of ensuring compliance with the
law at any time it is occupied or open for business.
(2)Â
A person who operates a sexually oriented business or his agent or
employee commits a violation of this article if he refuses to permit
such lawful inspection of the premises at any time it is occupied
or open for business.
N.Â
Expiration of license.
(1)Â
Each license shall expire one year from the date of issuance and
may be renewed only by making application as provided in this section.
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, not be extended.
(2)Â
When the Borough denies renewal of a license, the applicant shall
not be issued a license for one year from the date of denial. If the
Borough 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.
O.Â
Suspension. The Mayor of the Borough shall suspend a license for
a period not to exceed 30 days if he determines that a licensee or
an employee of a licensee has:
P.Â
Revocations and appeals of denials, suspensions or revocations.
(1)Â
The Mayor of the Borough shall revoke a license if a cause of suspension
in this article occurs and the license has been suspended within the
preceding 12 months.
(2)Â
The Mayor of the Borough shall revoke a license if he determines
that:
(a)Â
A licensee gave false or misleading information in the material
submitted during the application process.
(b)Â
A licensee has knowingly or negligently allowed possession,
use or sale of controlled substances on the premises.
(c)Â
A licensee knowingly or negligently allowed prostitution on
the premises.
(d)Â
A licensee knowingly or negligently operated the sexually oriented
business during a period of time when the licensee's license
was suspended.
(e)Â
A licensee has knowingly or negligently allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or other sex act
to occur in or on the licensed premises.
(f)Â
A licensee is delinquent in payment to the Borough for any licensing
fees past due.
(3)Â
When the Borough revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a sexually oriented
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Borough 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.
(4)Â
All license application, renewal, suspension or revocation decisions
shall be sent in writing to the applicant or licensee. All such decisions
which deny, suspend or revoke a license shall state specifically the
ordinance requirement not met and any other basis for the decision.
After denial of an application, or denial of a renewal of an application,
or after suspension or revocation of any license, the applicant or
licensee may appeal pursuant to the Municipalities Planning Code,
Act 170, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
Q.Â
Transfer of license. A licensee shall not transfer his/her license
to another, nor shall a licensee operate a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
R.Â
Regulations pertaining to exhibition of sexually explicit films,
video or live entertainment in viewing rooms.
(1)Â
A person who operates viewing booths or causes them to be operated
shall comply with the following requirements:
(a)Â
Upon application for a sexually oriented business 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 license 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 the interior of the
premises to an accuracy of plus or minus six inches. The Borough 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.
(b)Â
The application shall be sworn to be true and correct by the
applicant.
(c)Â
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.
(d)Â
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the manager's station
of every area of the premises to which any patron is permitted to
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. In addition, all viewing booths shall have at least one side
fully open so that all of the area inside the booth is open to the
view of persons in the public area of the establishment.
(e)Â
It shall be the duty of the licensee to ensure that the view area specified in Subsection R(1)(d) 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 this section.
(f)Â
No viewing room may be occupied by more than one person at any
time.
(g)Â
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 five footcandles
as measured at the floor level.
(h)Â
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
(i)Â
No licensee shall allow openings of any kind to exist between
viewing rooms or booths.
(j)Â
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(k)Â
The licensee shall, during each business day, regularly inspect
the walls between viewing booths to determine if any openings or holes
exist.
(l)Â
The licensee shall cause all floor coverings in viewing booths
to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(m)Â
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.
(n)Â
A person having a duty provided above commits a violation of
this article if he knowingly or negligently fails to fulfill that
duty.
T.Â
Additional regulations for nude model studios.
(1)Â
Nude model studio shall not employ any person under the age of 18
years.
(2)Â
A person under the age of 18 years commits a violation of this article
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 section if the person under 18 years was in a rest room not open
to public view or visible to another person.
(3)Â
A person commits a violation of this article if the person appears
in a state of nudity or knowingly or negligently 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.
(4)Â
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.
U.Â
Additional regulations concerning public nudity.
(1)Â
It shall be a violation of this article for a person to knowingly
and intentionally in a public place:
(2)Â
For purposes of this article, "public place" includes all outdoor
areas owned by or open to the general public and all buildings and
enclosed places owned by or open to the general public, including
such places of entertainment, taverns, restaurants, clubs, theaters,
dance halls, banquet halls, party rooms or halls limited to specific
members or restricted to adults or to patrons invited to attend, whether
or not an admission charge is levied. This section shall not apply
to:
(a)Â
Any individual exposing a breast in the process of breastfeeding
an infant under two years of age.
(b)Â
The exercise of free speech or free expression in the form of
artistic and theatrical performances. It is the intention of the Borough
that this section be construed, enforced and interpreted in such a
manner as will cause the least possible infringement of the constitutional
rights of free speech, free expression, due process, equal protection
or other fundamental rights.
(c)Â
It shall be a violation of this article for a person who knowingly
or intentionally in a sexually oriented 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.
(3)Â
It shall be a violation of this article for an employee, while seminude
in a sexually oriented business, to solicit or accept 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 a sexually oriented business.
V.Â
Prohibition against children in a sexually oriented business. A person
commits a violation of this article if he knowingly or negligently
allows a person under the age of 18 years on the premises of a sexually
oriented business.
W.Â
Hours of operation. No sexually oriented business shall be open for
business before 10:00 a.m. Monday through Saturday or after 12:00
midnight Monday through Saturday. Sexually oriented businesses shall
be closed at all times on Sundays and legal holidays.
X.Â
Exemptions. It is a defense to prosecution that a person appearing
in a state of nudity did so in a modeling class operated:
(1)Â
By a proprietary school licensed by the Commonwealth of Pennsylvania,
a college, junior college or university supported entirely or partly
by taxation.
(2)Â
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.
(3)Â
In a structure.
(a)Â
Which has no sign visible from the exterior of structure and
no other advertising that indicates a nude person is available for
viewing.
(b)Â
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class.
(c)Â
Where no more than one nude model is on the premises at any
one time.
