[HISTORY: Adopted by the Mayor and Council of the City of
Washington 9-17-1998 by Ord. No. 1596 (Ch. 13, Part 10, of the 1986 Code
of Ordinances). Amendments noted where applicable.]
This chapter shall be referred to as the "Sexually Oriented
Business Regulation Provision."
A.
Purpose.
(1)
Pursuant to the authority granted in the Third Class City Code[1] to
prohibit nuisances, to promote the health, welfare, cleanliness, comfort
and safety of the citizens of the City of Washington (hereinafter
"City"), and to regulate the time of opening and closing and the conduct
of places of public entertainment, amusement and recreation, the City
of Washington enacts this chapter to minimize and control the adverse
secondary effects of sexually oriented businesses and thereby protect
the health, safety and welfare of its citizens; to protect the citizens
from increased crime; to preserve the quality of life; to preserve
the property values and character of surrounding neighborhoods; and
to deter the spread of blight.
[1]
Editor's Note: See 11 Pa.C.S.A. § 10101 et seq.
(2)
The City Council (hereinafter "Council") has determined that licensing
is a legitimate and reasonable means of accountability to ensure that
operators of sexually oriented businesses comply with reasonable regulations
and to ensure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
(3)
The Council does not intend by this chapter to suppress any speech
or expression activities protected by the First Amendment but to enact
a content-neutral ordinance which addresses the secondary effects
of sexually oriented businesses.
B.
Legislative findings. The Council finds that:
(1)
Sexually oriented businesses have adverse secondary effects which
should be regulated to protect the public health, safety and welfare.
These secondary effects include, but are not limited to, the spread
of communicable diseases, performance of sexual acts in public places,
presence of discarded sexually oriented materials on public and private
property, sexual harassment, obscenity, prostitution and other illegal
sexual activities, crime and neighborhood deterioration.
(2)
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owner and the operators
of the sexually oriented businesses. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see that the sexually oriented business is run in a manner consistent
with the health, safety and welfare of its patrons and employees as
well as the citizens of the City. It is appropriate to require reasonable
assurances that the licensee is the actual operator of the sexually
oriented business, fully in possession and control of the premises
and activities occurring therein.
(3)
Removal of doors on viewing booths and requiring sufficient lighting
on premises with viewing booths advances a substantial governmental
interest in discouraging illegal and unsanitary sexual activity occurring
in adult theaters.
(4)
Requiring licenses of sexually oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incidence of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
(5)
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented businesses will help limit and control the adverse secondary
effects of such businesses.
(6)
It is desirable for the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain
employees who may engage in the conduct which this chapter is designed
to prevent or who are likely to be witnesses to such activity.
(7)
The fact that an applicant for a sexually oriented business license
has been convicted of a sexually related crime leads to the rational
assumption that the applicant is likely to engage in that conduct
in contravention of this chapter.
(8)
The barring of such individuals from the management of sexually oriented
businesses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
(9)
The general welfare, health and safety of the citizens of the City
will be promoted by the enactment of this chapter.
(10)
The limitation of operating hours of sexually oriented businesses
to 10:00 a.m. to 10:00 p.m., Mondays through Saturdays, and closure
of such businesses on Sundays and holidays reduces the adverse secondary
effects of such businesses, including, particularly, but not limited
to, late night noise levels, crime and sexually offensive materials
and activities in public areas, and promotes the public health, safety
and welfare.
As used in this chapter, the following words and phrases shall
have the meanings indicated unless the context indicates a different
meaning:
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically or mechanically controlled still- or motion-picture
machines, projectors, video or laser disc players, or other image-producing
devices are maintained, not located within viewing booths, 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
anatomic areas.
A commercial establishment which, as one of its principal
business 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,
CD-ROM discs or other computer software, or other visual representations
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specific sexual activities.
A nightclub, bar, restaurant or other commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity.
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 or visual presentations of any other kind which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A theater, concert hall, dance hall, auditorium or similar
commercial establishment which regularly features persons who appear
in a state of nudity of seminudity or live performances which are
characterized by the exposure of specified anatomical areas or specified
sexual activities.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "Employee"
does not include a person exclusively on the premises or for the delivery
of goods to the premises.
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 who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes, for a fee, tip or other consideration.
Any of the following:
The opening or commencement of any sexually oriented business
as a new businesses.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The addition of any sexually oriented business to any other
existing sexually oriented businesses or to a nonsexually oriented
business.
The relations of any sexually oriented businesses.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material or performance described
herein which is reasonable susceptible of examination by a licensee
or person.
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the licensee
or person made a reasonable bona fide attempt to ascertain the true
age of such minor.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
Any place where a person who appears nude or 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. "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 a college,
junior college or university supported entirely or partly by taxation;
or in a structure:
With no sign visible from the exterior of the structure and
no other advertising that indicates 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 showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering; the showing of the female breast with less than a fully
opaque covering of any part of the nipple; or the showing of the covered
male genitals in a discernibly turgid state.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
All outdoor areas owned by or opened to the general public,
and all buildings and enclosed places owned by or open to the general
public, including, but not limited to, places of entertainment, taverns,
restaurants, clubs, theaters, dance halls, banquet halls, party rooms
or halls limited to specific members, and party rooms or halls restricted
to adults or patrons invited to attend, whether or not an admission
charge is levied.
The state of dress in which clothing partially or nonopaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola or human male
genitals in a discernibly turgid state, even if completely covered.
Any of the following offenses:
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display or harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; engaging in organized criminal activity; sexual assault:
molestation of a child; gambling; or distribution of a controlled
substance, or any similar offenses to those described above under
the criminal or penal code or other states or countries:
For which:
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is a misdemeanor offense.
Less than five years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense.
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any twenty-four-month period.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
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, masturbation or sodomy.
Excretory functions as part of or in connection with any of
the activities set forth in A and B above.
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 transfer 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.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing: 1) films, movies,
videos or visual reproductions of any kind depicting or describing
specified sexual activities or specified anatomical areas; or 2) persons
who appear in a state of nudity or seminudity or who offer performances
or presentations characterized by the exposure of specified anatomical
areas or specified sexual activities.
A.
It is unlawful:
(1)
For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the City pursuant
to this chapter.
(2)
For any person who operates a sexually oriented business to employ
a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the City pursuant to this
chapter.
(3)
For any person to obtain employment with a sexually oriented business
without having secured a sexually oriented business employee license
pursuant to this chapter.
(4)
Beginning on the 60th day after enactment of this chapter, for any
person to continue to operate any sexually oriented business in operation
at the time of the enactment of this chapter without a valid sexually
oriented business license pursuant to this chapter.
(5)
Beginning on the 60th day after enactment of this chapter, for any
person who operates a sexually oriented business in operation at the
time of the enactment of this chapter to employ a person to work for
the sexually oriented business who is not licensed as a sexually oriented
business employee by the City pursuant to this chapter.
(6)
Beginning on the 60th day after enactment of this chapter, for any
person to obtain employment with a sexually oriented business in operation
at the time of the enactment of this chapter without having secured
a sexually oriented business employee license pursuant to this chapter.
B.
An application for a license must be made on a form provided by the
City.
C.
All applicants must be qualified according to the provisions of this
chapter. The application may request and the applicant shall provide
such information (including fingerprints) as to enable the City to
determine whether the applicant meets the qualifications established
in this chapter.
D.
If a person who wishes to operate a sexually oriented business is
an individual, the person must sign the application for a license
as the applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has a twenty-percent
or greater interest in the business must sign the application for
a license as applicant. Each applicant must be qualified under this
chapter, and each applicant shall be considered a licensee if a license
is granted.
E.
The completed application for a sexually oriented business shall
contain the following information and shall be accompanied by the
following documents:
(1)
If the applicant is:
(a)
An individual, the individual shall state his/her legal name
and any aliases and submit proof that he/she is at least 18 years
of age.
(b)
A partnership, the partnership shall state its complete name,
and the name of all partners, whether the partnership is general or
limited, and a copy of the partnership agreement, if any.
(c)
A corporation, the corporation shall state its complete name,
the date of its incorporation, evidence that the corporation is in
good standing under the laws of its state of incorporation and qualified
and authorized to conduct business in Pennsylvania, the names and
capacity of all officers, directors and principal stockholders, and
the name of the registered corporate agent and the address of the
registered office for service of process.
(2)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he or she must state
the sexually oriented business's fictitious name and submit the
required registration documents.
(3)
Whether the applicant, or a person residing with the applicant, has
been convicted of a specified criminal activity as defined in this
chapter and, if so, the specified criminal activity involved, the
date, place and jurisdiction of each.
(4)
Whether the applicant, or a person residing with the applicant, has
had a previous license under this chapter or other similar sexually
oriented business ordinance or law from another municipality, state
or county denied, suspended or revoked, including the name and location
of the sexually oriented business for which the permit was denied,
suspended or revoked, as well as the date of the denial, suspension
or revocation and whether the applicant or a person residing with
the applicant has been a partner in a partnership or an officer, director
or principal stockholder of a corporation that is licensed under this
chapter whose license has previously been denied, suspended or revoked,
including the name and location of the sexually oriented business
for which the permit was denied, suspended or revoked as well as the
date of denial, suspension or revocation.
(5)
Whether the applicant or a person residing with the applicant holds
any other license under this chapter or other similar sexually oriented
business ordinance or law from another municipality, state or county
and, if so, the names and location of such other licensed businesses.
(6)
The specific classification of sexually oriented use for which the
applicant is filing along with a detailed description of each and
every activity encompassed by the proposed sexually oriented business,
which description shall thoroughly demonstrate compliance and/or intended
compliance with all provisions of this chapter.
(7)
The location of the proposed sexually oriented business, including
a legal description of the property, street address and telephone
number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's permit number, social security
number and his/her state or federally issued tax identification number.
(11)
A sketch or diagram showing the 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 it
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.
(12)
A current certificate and straight-line drawing prepared within
30 days prior to application by a registered land surveyor, depicting
the property lines, the property to be certified, the location of
all structures, the depiction of all parking areas, to include the
dimensions of each space.
(13)
If the applicant wishes to operate a sexually oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in Subsection E(11) above and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(14)
The application form shall inform the applicant that: a) separate
applications are required for any necessary zoning permits, subdivision
and land development approvals or building and occupancy permits and
that the applicant may apply for such permits by contacting the City
Code Enforcement Officer (hereinafter "Enforcement Officer"); and
b) that Department of Labor and Industry approval is required.
(15)
Before any applicant may be issued a sexually oriented business
employee license, the applicant shall submit on a form to be provided
by the City, the following information:
(a)
The applicant's name or any other name (including "stage"
names) or aliases used by the individual.
(b)
Age, date and place of birth.
(c)
Height, weight, hair and eye color.
(d)
Present residence address and telephone number.
(e)
Present business address and telephone number.
(f)
Date, issuing state and number of driver's license or other
identification card information.
(g)
Social security number.
(h)
Proof that the individual is at least 18 year of age.
(16)
Attached to the application form for a sexually oriented business
employee license as provided above shall be the following:
(a)
A color photograph of the applicant clearly showing the applicant's
face and the applicant's fingerprints on a form provided by any
police department. Any fees for the photographs and fingerprints shall
be paid by the applicant.
(b)
A statement detailing the license history of the applicant for
the five years immediately preceding the date of the filing of the
application, including whether such applicant previously operated
or is seeking to operate, in this or any other county, municipality,
state or country, any business or has ever had a license, permit or
authorization to do business or has ever had a license, permit or
authorization to do business denied revoked or suspended, or had any
professional or vocational license or permit denied, revoked or suspended.
In the event of any such denial, revocation or suspension, state the
name, the name of the issuing or denying jurisdiction, and describe
in full the reason for the denial, revocation or suspension. A copy
of any order of denial, revocation or suspension shall be attached
to the application.
(c)
A statement whether the applicant has been convicted of a specified
criminal activity as defined in this chapter and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each.
A.
Upon the filing of said application in a fully completed form for
a sexually oriented business license or for a sexually oriented business
license, the applicant shall then be referred to the Enforcement Officer
for review and investigation. The Enforcement Office shall utilize
any available resources through the Pennsylvania State Police, the
Commonwealth of Pennsylvania and/or other law enforcement agencies
as may be necessary to complete the review and investigation required
by this chapter. Within 30 days from the date the completed application
is filed, the Enforcement Officer shall issue a license, unless it
is determined by the Enforcement Officer that one or more of the following
findings is true:
(1)
The applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answer a question or request
for information on the application form.
(2)
The applicant is under the age of 18 years.
(3)
This applicant has been convicted of a specified criminal activity
as defined in this chapter.
(4)
The sexually oriented business employee license is to be used for
employment in a business prohibited by local or State law, statute,
rule or regulation or prohibited by a particular provision of this
chapter.
(5)
The applicant has had a sexually oriented business employee license revoked by the City within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of the license issued pursuant to this section shall be subject to appeal as set forth in § 276-10 herein.
(6)
The required application, investigation and license fees have not
been paid.
(7)
An applicant's license to operate a sexually oriented business,
issued by any jurisdiction, has been revoked within the preceding
12 months.
(8)
The proposed sexually oriented business is in violation of or is
not in compliance with any of the provisions of this chapter.
B.
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 276-6.
C.
The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the expiration date, the
address of the sexually oriented business and the specific classification
of sexually oriented use for which the license is issued. Licenses
for sexually oriented businesses shall state that the sexually oriented
business shall not commence until all necessary zoning, subdivision
and land development and/or building code approvals and Department
of Labor and Industry approvals are obtained. All licenses shall be
posted in a conspicuous place at or near the entrance to the sexually
oriented business so that they may be easily read by any person at
any time.
D.
Applications for building and occupancy permits shall be processed
and either denied or approved within 30 days of a complete application
by the City.
E.
A sexually oriented business license shall issue for the specific
classification of sexually oriented use as permitted by this chapter
and applied for.
G.
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Council. The Council shall then hold a Local Agency Law hearing within 10 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Council may be taken to Court, subject to § 276-10E of this chapter.
[Amended 7-7-2011 by Ord. No. 1838]
A.
Every application fee 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 of
$2,500, which fee may be amended by the Washington City Council from
time to time by simple resolution.
B.
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 City an annual nonrefundable license fee
in the amount of $1,000 within 30 days of license issuance or renewal.
C.
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 fee of
$2,500. Investigation and license fee may be amended by the Washington
City Council from time to time by simple resolution.
D.
Any license applications and fees shall be submitted to the office
of the City Secretary/Treasurer and, thereafter, the applications
shall be forwarded to the Enforcement Officer for review and investigation
and approval or denial.
A.
An applicant or licensee shall permit authorized City officers and
their agents or consultants to inspect the premises of a sexually
oriented business for the purpose of ensuring compliance with the
law and this chapter at any time it is occupied or open for business.
B.
A person who operates a sexually oriented business or his agent or
employee commits a violation of this chapter if he refuses to permit
such lawful inspection of the premises at any time it is occupied
or open for business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 276-4. An 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, the date of expiration of the license will not be extended.
B.
When the City denies renewal of a license, the applicant shall not
be issued a license for one year from the date of denial. If subsequent
to denial the City 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.
The Enforcement Officer 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:
A.
The Enforcement Officer shall revoke a license if a cause of suspension in § 276-9 occurs and the license has been suspended within the preceding 12 months.
B.
The Enforcement Officer shall revoke a license if he determines that:
(1)
A licensee gave false or misleading information in the material submitted
during the application process.
(2)
A licensee has knowingly allowed possession, use or sale of controlled
substances on the premises.
(3)
A licensee has knowingly allowed prostitution on the premises.
(4)
A licensee knowingly operated the sexually oriented business during
a period of time when the licensee's license was suspended.
(5)
A licensee has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation or other sex act to occur in or on the
licensed premises.
(6)
A licensee is delinquent in payment to the City for any licensing
fees past due.
C.
When the City 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 City 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.
D.
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 permit shall state specifically the
chapter 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 Local Agency Law to the Council.
The Council will then hold a Local Agency Law hearing within 20 days
from the date the appeal was filed and will render a written decision
within 10 days from the date such hearing concludes. Any such appeal
must be filed, in writing, with the City Secretary/Treasurer within
10 days from the date of mailing of the decision appealed from. Failure
to file said appeal with the City Secretary/Treasurer within 10 days
from the date of the mailing of the decision appealed from shall be
deemed a conclusive determination as to the issues or matters addressed
by the written decision. In the case of a denial of a license renewal,
or in the case of a license suspension or revocation, the licensee
may continue to operate to the same extent as immediately prior to
the suspension or revocation until the earlier of: 1) the expiration
of the ten-day appeal period without filing of an appeal; or 2) the
date of a decision dismissing any appeal.
E.
Any person aggrieved by a decision of the Council may appeal to a
court of competent jurisdiction. The City shall, upon filing of such
appeal, consent to any request by a license applicant or licensee
to the Court to give expedited review to such appeal. The City shall
certify any record to the Court within 20 days of any request by the
Court to do so.
A licensee shall not transfer his/her/its 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.
A.
A person who operates viewing booths or causes them to be operated
shall comply with the following requirements:
(1)
Upon application for a sexually oriented 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 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 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 of all areas of the
interior of the premises to an accuracy of plus or minus six inches.
The City 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 be altered
since it was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
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.
(4)
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 access
for any purpose, including restrooms. Restrooms 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.
(5)
It shall be the duty of the licensees to ensure that the view area specified in Subsection A(4) above 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 the Subsection A(1) above.
(6)
No viewing room may be occupied by more than one person at a time.
(7)
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 5.0 footcandle
as measured at the floor level.
(8)
It is the duty of the licensees to ensure that the illuminating described
above is maintained at all times that any patron is present in the
premises.
(9)
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
(10)
No person shall make or attempt to make an opening of any kind
between viewing rooms or booths.
(11)
The licensee shall, during each business day, regularly inspect
the walls between viewing booths to determine if any openings or holes
exist.
(12)
The licensee shall cause all floor coverings in viewing booths
to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13)
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.
B.
A person having a duty under § 276-12A(1) through (13) above commits a violation of this chapter if he knowingly fails to fulfill that duty.
A.
A nude model studio shall not employ any person under the age of
18 years.
B.
A person under the age of 18 years commits a violation of this chapter
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 subsection if the person under 18 years was in a restroom not
open to public view or visible to any other person.
C.
A person commits a violation of this chapter if the person appears
in a state of nudity or knowingly 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.
D.
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.
A.
It shall be a violation of this chapter for a person to knowingly
and intentionally, in a public place:
B.
This section shall not apply to:
(1)
Any child under 10 years of age.
(2)
Any individual exposing a breast in the process of breastfeeding
an infant under two years of age.
(3)
The exercise of free speech or free expression in the form of artistic
and theatrical performances. It is the intention of the City 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.
It shall be a violation of this chapter for a person who knowingly
or intentionally in a sexually oriented business appear in a seminude
condition unless the person is an employee who, while seminude, shall
be at least 10 feet away from any patron or customer and on a stage
at least two feet from the floor.
D.
It shall be a violation of this chapter for an employee, while seminude,
in a sexually oriented business, to solicit 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.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
No sexually oriented business shall be open for business before
10:00 a.m., Monday through Saturday, or after 10:00 p.m., Monday through
Saturday. Sexually oriented businesses shall be closed at all times
on Sundays and legal holidays.
It is a defense to prosecution under § 276-15 that a person appearing in a state of nudity did so:
A.
In a modeling class operated by a proprietary school, licensed by
the Commonwealth of Pennsylvania; a college, junior college or university
supported entirely or partly by taxation; or 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 partially by taxation.
B.
In a structure which has no sign visible from the exterior of the
structure and no other advertising that indicates a nude 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 model in on the premises at any one time.
[Amended 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this chapter shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this chapter shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this chapter. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the chapter or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the chapter.
[Added 7-7-2011 by Ord. No. 1838]
Any sexually oriented business and/or any sexually oriented
activity to be regulated by this chapter shall only be permitted to
locate and operate within a Development Zoning District (D). Under
no circumstances shall any sexually oriented business and/or any sexually
oriented activity to be regulated by this chapter be permitted to
locate and/or operate within an R1, R2, R3, BID, C or GB Zoning District
or any other zoning district whether in existence now or which might
be created in the future.
