[HISTORY: Adopted by the Town Council of the Borough of Bellevue 11-4-1998 by Ord. No.
98-26. Amendments noted where applicable.]
A.Â
Findings. The Borough of Bellevue Town Council finds as follows:
(1)Â
Adult-oriented establishments require special regulation by law and
supervision by public safety agencies in order to protect and preserve
the health, safety and welfare of patrons of these establishments
as well as the health, safety and welfare of the citizens of the Borough
of Bellevue.
(2)Â
Statistics and studies performed in a substantial number of communities
in the Commonwealth of Pennsylvania and in the United States and by
the State of Delaware indicate that:
(a)Â
Large number of persons, primarily male, frequent adult-oriented
establishments, especially those which provide closed booths, cubicles,
studios and rooms for the private viewing of so-called adult motion
pictures, videotapes and live entertainment.
(b)Â
The closed booths, cubicles, studios and rooms and holes in
partitions between booths, studios and rooms have been used by patrons,
clients or customers of adult-oriented establishments for the purpose
of engaging in sexual acts.
(c)Â
Male and female prostitutes have been known to frequent the
establishments in order to provide sex for hire to the patrons, clients
or customers within the booths, cubicles and rooms.
(d)Â
Doors, curtains, blinds and/or other closures installed in or
on the entrances or exits, or both, of the booths, cubicles, studios
and rooms which are closed while the booths, cubicles, studios and
rooms are in use encourage the patrons using the booths, cubicles,
studios and rooms to engage in sexual acts in the closures and through
holes in partitions between the closures with prostitutes, patrons,
clients or customers, thereby promoting and encouraging prostitution
and the commission of sexual acts which result in the direct exchange
of bodily fluids, which put the participants at high risk for contracting
communicable diseases, including AIDS, and which cause blood, semen
and urine to be deposited on the floors or walls, or both, of the
booths, cubicles, studios and rooms, which deposits could prove detrimental
to the health and safety of other persons who may come in contact
with such deposits.
(e)Â
The reasonable regulation and supervision of such adult-oriented
establishments tend to discourage sexual acts and prostitution and
thereby promote the health, safety and welfare of the patrons, clients
and customers of these establishments.
(3)Â
The continued unregulated operation of such adult-oriented establishments
is and would be detrimental to the general health, safety and welfare
of the citizens of the Borough of Bellevue.
(4)Â
The Constitution of Pennsylvania and the general authority under
its Home Rule Charter grants to the Borough of Bellevue Town Council
power, and especially police power, to enact reasonable legislation
to regulate and supervise adult-oriented establishments in order to
protect the public health, safety and welfare.
B.Â
Intent. It is not the intent of the Town Council of the Borough of
Bellevue in enacting this legislation to deny to any person rights
of speech protected by the Constitution of the United States or the
Constitution of Pennsylvania, or both, nor is it the intent of the
Town Council of the Borough of Bellevue to impose by this chapter
any additional limitations or restrictions on the contents of any
communicative materials, including sexually oriented films, videotapes,
books and other materials. Further, by enacting this legislation,
the Town Council of the Borough of Bellevue does not intend to deny
or restrict the rights of any adult to obtain or view, or both, any
sexually oriented materials protected by the Constitution of the United
States of America or the Constitution of Pennsylvania, or both, nor
does it intend to restrict or deny any constitutionally protected
rights that distributors or exhibitors of sexually oriented materials
have to sell, distribute or exhibit these materials.
The following words or phrases, when used in this chapter, shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
An establishment having a substantial or significant portion
of its stock and trade in, or an establishment which, as one of its
principal business purposes, offers for sale, books, films, videocassettes
or magazines and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas and, in conjunction
therewith, has facilities for the presentation of adult entertainment
for observation by patrons.
An exhibition of any adult-oriented motion picture, 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 any actual or
simulated 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 customers.
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.
The term includes, without limitation, the following establishments
when operated for profit, whether direct or indirect:
Adult bookstores.
Adult motion-picture theaters.
Adult mini motion-picture theater.
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 adult-oriented
motion pictures or where an entertainer provides adult entertainment
to a member of the public, a patron or a 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, rap studio, exotic dance 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 adult-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 any persons other than employees.
Any and all persons, including independent contractors, who
work in or at or render any service directly related to the operation
of an adult-oriented establishment.
A person who provides entertainment within an adult-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.
An employee of the Allegheny County Health Department authorized
and designated by the Director of the Department, the Borough of Bellevue
Building Inspector, the Borough of Bellevue Code Enforcement Officer,
an employee of the Borough of Bellevue Police Department authorized
by the commanding officer of the said Police Department, or other
persons designated by the Town Council of the Borough of Bellevue
to inspect premises regulated under this chapter, to cooperate in
taking the required actions authorized by this chapter where violations
are found on a premises, and to request correction of unsatisfactory
conditions found on the premises.
A person under 18 years of age.
A person, partnership or corporation operating, conducting
or maintaining an adult-oriented establishment.
The term does not include any of the following:
Medical publications or firms 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 dealing
with subjects of art or photography.
Any news periodical which reports or describes and reports different
cultures and which from time to time publishes or shows photographs
or depictions of nude or seminude persons when describing cultures
in which nudity or seminudity is indigenous to the populations.
The term includes any of the following:
A.Â
Loitering by minors prohibited. No operator or employee of an adult-oriented
establishment shall permit any minor to loiter in any part of the
establishment, including parking lots immediately adjacent to the
establishment used by the patrons of an adult-oriented establishment.
B.Â
Interior plan. Every adult-oriented establishment doing business
in the Borough of Bellevue shall be well lighted at all times and
be physically arranged in such a manner that the entire interior portion
of the booths, cubicles, rooms or stalls where adult entertainment
is provided shall be clearly visible from the common areas of the
premises. Visibility into such booths, cubicles, rooms or stalls shall
not be blocked or obscured by doors, curtains, partitions, drapes
or any other obstruction whatsoever. It shall be unlawful to install
enclosed booths, cubicles, rooms or stalls within an adult-oriented
establishment for whatever purpose but especially for the purpose
of providing for the secluded viewing of adult-oriented motion pictures
or other types of adult-oriented entertainment.
C.Â
Certain apertures prohibited. No adult-oriented establishment 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 partition.
Every act or omission by an employee constituting a violation
of this chapter shall be deemed the act or omission of the operator
if the act or omission occurs either with the authorization, knowledge
or approval of the operator or as a result of the operator's
negligent failure to supervise the employee's conduct, and the
operator shall be punishable for the act or omission in the same manner
as if the operator committed the act or caused the omission.
All adult-oriented establishments shall be open to inspection
at all reasonable times by inspectors.
A.Â
Action authorized. An action to enjoin or abate a violation of this
chapter may be brought in the name of the Borough of Bellevue by its
Solicitor. The action shall be brought and tried as an action in equity
in the Court of Common Pleas of Allegheny County, Pennsylvania.
B.Â
Procedure.
(1)Â
If it is made to appear by affidavits or otherwise to the satisfaction
of the Court that a violation exists, a temporary writ of injunction
shall forthwith issue, directed to the operator of the adult entertainment
establishment or the owner of the premises, or both, restraining the
operator or owner from continuing or permitting the continuation of
any violation or violations of this chapter until the conclusion of
the hearing and a decision by the Court. No bond shall be required
in instituting such proceedings. This section, insofar as it provides
for methods of service and bond, shall not be deemed to be suspended
or affected by the Pennsylvania Rules of Civil Procedure governing
the action in equity.
(2)Â
It shall not be necessary for the Court to find the property involved
was being unlawfully used at the time of the hearing, but on finding
that the material allegations of the petition are true, the Court
shall order that neither the premises nor any part of the premises
be used in violation of this chapter. Upon judgment of the Court ordering
the violations to be abated, the Court may order that neither the
premises nor any part of the premises shall be occupied or used for
any purpose for up to one year following the date of the Court's
order, but the Court may, in its discretion, permit the premises to
be occupied or used by the operator or owner if the operator or owner,
or both, posts a bond or a joint bond in the discretion of the Court
with sufficient surety to be approved by the Court in the penal and
liquidated sum of not less than $1,000 nor more than $2,500, payable
to the Borough of Bellevue and conditioned that neither the building
nor a part of the building is to be used in violation of this chapter,
and that the operator will pay all fines, costs and damages that are
assessed for any violation of this chapter upon the premises.
(3)Â
Service of any preliminary or permanent injunction shall be made
personally upon the operator and owner of the premises if such persons
can be found in Allegheny County, Pennsylvania. If the operator or
owner cannot be found, a copy of the order shall be delivered to any
employee of the operator on the establishment premises or, in the
case of the owner, upon an agent, if any. If no employee or agent
can be found or service cannot be made on an employee or agent of
the owner, then service shall be made as the Court may direct. Any
person other than the operator or owner who shall be served with any notice
of an injunction shall, within 24 hours thereafter, deliver the notice
to the operator or owner, as the case may be, or mail it to the operator
or owner, as the case may be, if known to the person served.
An operator or owner of an adult entertainment establishment
or any agent of the operator or owner who, after any injunction has
been granted, uses the premises or any part of the premises or knowingly
permits the premises or any part of the premises to be used in violation
of an order of abatement or injunction shall be subject to summary
punishment as for contempt of court in the manner now provided by
law.
Any person, firm or corporation violating any provision of this
chapter shall, upon conviction thereof, be sentenced to a fine of
not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation continues shall constitute a separate offense.
This chapter shall not be deemed to affect any remedy available
against an adult entertainment establishment or adult bookstore.
