[Ord. 420, 1/2/2007]
1.Â
Purpose.
A.Â
Pursuant to the authority granted to the Township to prohibit nuisances;
to promote the health, cleanliness, comfort and safety of the citizens
of the Township; to define and prohibit disorderly practices; to regulate
buildings; and to regulate the time of opening and closing and the
conduct of places of public entertainment, amusement and recreation,
the Township of Richland enacts this Part to minimize and control
the adverse secondary effects of adult businesses and thereby protect
the health, safety and welfare of its citizens; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of blight.
B.Â
The Board of Supervisors has determined that location criteria alone
does not adequately protect the health, safety and general welfare
of the people of the Township and that licensing is a legitimate and
reasonable means of accountability to ensure that operators of adult
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.
C.Â
It is not the intent of the Board in enacting this Part 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 Board to impose by this Part 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 Part, the Board does not intend to deny or restrict
the rights of any adult to obtain or view, or both, any sexually oriented
materials or conduct protected by the Constitution of the United States
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 may have to sell, distribute
or exhibit these materials.
2.Â
Legislative findings. The Board of Supervisors finds:
A.Â
Statistics and studies performed in a substantial number of communities
in this Commonwealth, the State of Delaware and in the United States
indicate that adult businesses have adverse secondary effects, including
those specified at 68 Pa.C.S.A. § 5501(a), which secondary
effects should be regulated to protect the public health, safety and
welfare. These secondary effects have been recognized by the United
States Supreme Court in City of Erie v. PAP's A.M., 120 S. Ct. 1382
(2000), and other decisions referenced in the informational report
of the Township Solicitor and Police Chief described below and provided
to the Board prior to adoption of this Part. These secondary effects
include but are not limited to the spread of communicable diseases,
performance of sexual acts in public places, presence of discarded
adult materials on public and private property, sexual harassment,
obscenity, prostitution and other illegal sexual activities, crime
and neighborhood deterioration. Information received from the Northern
Regional Police Department Chief of Police and Solicitor also indicates
that such adverse secondary effects result. See Report to Richland
Township Board of Supervisors Regarding Proposed Adult Business Licensing
and Zoning Regulations, Controlling Secondary Effects Associated with
Adult or Sexually Oriented Businesses.[1]
[1]
Editor's Note: This report is included at the end of this
Chapter.
B.Â
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the adult businesses. Further, such a licensing procedure will
place a heretofore nonexistent incentive on the operators to see that
the adult 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 Township. It is appropriate to require reasonable assurances
that the licensee is the actual operator of the adult business, fully
in possession and control of the premises and activities occurring
therein.
C.Â
Removal of doors on viewing booths and requiring sufficient lighting
on premises with viewing booths advances a substantial governmental
interest in discouraging the illegal and unsanitary sexual activity
occurring in adult theaters.
D.Â
Requiring licensees of adult businesses to keep information regarding
current employees and certain past employees will help reduce the
incident of certain types of criminal behavior by facilitating the
identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
E.Â
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the adult
business limits the adverse secondary effects of such businesses.
F.Â
It is desirable, in the prevention of the spread of communicable
diseases and in the reduction of adverse secondary effects, to obtain
a limited amount of information regarding certain employees who may
engage in the conduct which this Part is designed to prevent or who
are likely to be witnesses to such activity.
G.Â
The fact that an applicant for an adult business license has been
convicted of a sexually related crime leads to the rational assumption
that the applicant is likely to engage in criminal conduct in contravention
of this Part.
H.Â
The barring of such individuals from the management of adult businesses
for a period of years serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases and
which results in other adverse secondary effects.
I.Â
The general welfare, health and safety of the citizens of the Township
will be promoted by the enactment of this Part.
J.Â
Limitation of operating hours of adult businesses from 10:00 a.m.
to 10:00 p.m., Mondays through Saturdays, and closure of such businesses
on Sundays and legal 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.
K.Â
The reasonable regulation and supervision of such adult businesses
tends to discourage sexual acts and prostitution and thereby promote
the health, safety and welfare of the patrons, clients and customers
of these businesses.
L.Â
The continued unregulated operation of such adult businesses is and
would be detrimental to the general health, safety and welfare of
the citizens of the Township.
[Ord. 420, 1/2/2007]
As used in this Part, the following words and phrases shall
have the meanings indicated, unless the context clearly 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, electrically, 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 anatomical areas.
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 or rental any 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, and other visual representations,
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, may have
viewing booths or other facilities for the presentation of adult entertainment
for observation by patrons.
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
An adult arcade, adult bookstore, adult novelty store, adult
cabaret, adult theater, escort agency, nude model studio or sexual
encounter or mediation center.
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
as 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 or persons in a state of
nudity; or
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 theater, tavern, banquet hall, party room, conference center,
restaurant, night club, hall, auditorium, club, recreation center,
indoor amusement center or similar commercial establishment, which,
as one of its principal business purposes, offers adult entertainment.
A person who performs any service on the premises of an adult
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 for repair or
maintenance of the premises or equipment 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 or which furnishes,
offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip, or other consideration.
Includes any of the following;
The opening or commencement of any adult business as a new business.
The conversion of an existing business, whether or not an adult
business, to any adult business.
The addition or change of any adult business to any other existing
adult business or to a non-adult business.
The relocation of any adult business.
Having general knowledge of, or reason to know, or a belief
or grounds for belief which warrants further inspection or inquiry
of both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person; and
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 an adult 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 an adult business.
Any place where a person who appears in a state of nudity
or who displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration. "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:
That 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; and
Where no more than one nude model is on the premises at any
one time.
The showing of any part 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.
A business, agency or person which, for consideration, provides
for commercial purposes a place where persons, not all members of
the same family, may congregate, assemble or associate for the purpose
of engaging in specified sexual activities or exposing specified anatomical
areas as defined herein.
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 of 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; distribution of a controlled substance;
or any similar offenses to those described above under the Criminal
or Penal Code of other states or counties;
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 of a misdemeanor
offense;
Less than five years have elapsed since the date of conviction
or the date or release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
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:
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 advice
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.
Booths, stalls, partitioned portions of a room, cubicles,
stalls, compartments, rooms or other enclosures which are available
to members of the public, patrons or members for viewing:
Films, movies, videos, or visual reproductions of any kind depicting
or describing specified sexual activities or specified anatomical
areas;
Persons who appear in a state of nudity or who offer performances
or presentations characterized by the exposure of specified anatomical
areas or by specified sexual activities.
[Ord. 420, 1/2/2007]
1.Â
It is unlawful:
A.Â
For any person to operate or establish an adult business without
a valid adult business license issued by the Township pursuant to
this Part;
B.Â
For any person who operates an adult business to employ a person
to work for the adult business who is not licensed as an adult business
employee by the Township pursuant to this Part.
C.Â
For any person to obtain employment with an adult business without
having secured an adult business employee license pursuant to this
Part.
D.Â
Beginning on the 60th day after enactment of this Part for any person
to continue to operate any adult business in operation at the time
of enactment of this Part without a valid adult business license pursuant
to this Part.
E.Â
Beginning on the 60th day after enactment of this Part for any person
who operates an adult business in operation at the time of enactment
of this Part to employ a person to work for the adult business who
is not licensed as an adult business employee by the Township pursuant
to this Part.
F.Â
Beginning on the 60th day after enactment of this Part for any person
to obtain employment with an adult business in operation at the time
of enactment of this Part without having secured an adult business
employee license pursuant to this Part.
2.Â
An application for a license must be made on a form provided by the
Township.
3.Â
All applicants must be qualified according to the provisions of this
Part. The application may request and the applicant shall provide
such information (including, without limitation, criminal record history
and fingerprints) as to enable the Township to determine whether the
applicant meets the qualifications established in this Part.
4.Â
If a person who wishes to operate an adult business is an individual,
the person must sign the application for a license as applicant. If
a person who wishes to operate an adult business is other than an
individual, each individual who has a 20% or greater interest in the
business must sign the application for a license as applicant. Each
applicant must be qualified under the following section, and each
applicant shall be considered a licensee if a license is granted.
5.Â
The completed application for an adult business license shall contain
the following information and shall be accompanied by the following
documents:
A.Â
If the applicant is:
(1)Â
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.
(2)Â
A partnership, the partnership shall state its complete name and the name of all partners, and whether the partnership is general or limited and shall provide a copy of the partnership agreement, if any, and provide for each partner the information required below at § 6-503, Subsection 5C, D, E, H, I and J.
(3)Â
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 all owners of more than 20% of the corporation's stock, and the name of the registered corporate agent and the address of the registered office for service of process and provide for each officer, director and owner of 20% or more of the corporate stock the information required below at § 6-503. Subsection 5C, D, E, H, I and J.
B.Â
If the applicant intends to operate the adult business in a name
other than that of the applicant, he or she must state the adult business'
fictitious name and submit the required registration documents.
C.Â
Whether the applicant, or a person residing with the applicant, has
been convicted of a specified criminal activity as defined in this
Part and, if so, the specified criminal activity involved and the
date, place and jurisdiction of each.
D.Â
Whether the applicant, or a person residing with the applicant, has
had a previous license under this Part or other similar adult business
ordinance from another municipality, state or county denied, suspended
or revoked, including the name and location of the adult 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 Part whose license has previously been
denied, suspended or revoked, including the name and location of the
adult business for which the permit was denied, suspended or revoked
as well as the date of denial, suspension or revocation.
E.Â
Whether the applicant, or a person residing with the applicant, holds
any other licenses under this Part or other similar adult business
ordinance from another municipality, state or county and, if so, the
names and locations of such other licensed businesses.
F.Â
The specific classification of adult business use for which the applicant
is filing.
G.Â
The location of the proposed adult business, including a legal description
of the property, street address, and telephone number(s), if any.
H.Â
The applicant's mailing address and residential address.
I.Â
A recent photograph of the applicant(s).
J.Â
The applicant's driver's permit number, social security number, and
his/her State or Federally issued tax identification number.
K.Â
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.
L.Â
A current certificate and straight-line drawing, prepared within
30 days prior to application by a registered land surveyor, depicting
the property lines, and the property to be certified.
M.Â
If an applicant wishes to operate an adult business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 6-511 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
N.Â
The application form shall inform the applicant that:
(1)Â
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 Township Building Officer; and
(2)Â
Department of Labor and Industry approval is required.
O.Â
The applicant shall submit a scale drawing of any sign proposed to
be placed upon the licensed premises, which drawing will include a
rendering of any letters, words, figures, designs, pictures or other
visible communicative element on any such sign. In addition to all
other Township sign regulations, the following regulations shall apply.
(1)Â
All signs shall be flat wall signs.
(2)Â
No merchandise or pictures of the products or entertainment
available on the premises shall be displayed in window areas or in
any area where they can be viewed from the public right-of-way abutting
the premises.
(3)Â
No signs shall be placed in any window or upon any door, except
that a one-square-foot sign may be placed on the door to state hours
of operation and admittance to adults only.
P.Â
Applications shall be accompanied by written authorization of the
property owner.
6.Â
Before any applicant may be issued an adult business employee license,
the applicant shall submit, on a form to be provided by the Township,
the following information:
A.Â
The applicant's name or any other name (including stage names) or
aliases used by the individual.
B.Â
The applicant's age, date and place of birth.
C.Â
The applicant's height, weight, and hair and eye color.
D.Â
The applicant's present residence address and telephone number.
E.Â
The applicant's present business address and telephone number.
F.Â
The date, issuing state and number of the applicant's driver's license
or other identification card information.
G.Â
The applicant's Social Security number.
H.Â
Proof that the individual is at least 18 years of age.
7.Â
Attached to the application form for an adult business employee license,
as provided above, shall be the following:
A.Â
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.Â
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 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.Â
A statement whether the applicant has been convicted of a' specified
criminal activity, as defined in this Part, and, if so, the specified
criminal activity involved and the date, place and jurisdiction of
each.
[Ord. 420, 1/2/2007]
1.Â
Upon the filing of said application in a fully completed form for
an adult business license or for an adult business employee license,
the application shall then be referred to the Northern Regional Police
Department Chief of Police (hereinafter "Chief of Police") for review
and investigation. Reference to the Chief of Police herein shall include
any designee of the Chief of Police. The Chief of Police 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 Part. Within 30 days from the date the completed application
is filed, the Chief of Police shall issue a license, unless it is
determined by the Chief of Police that one or more of the following
findings is true:
A.Â
The 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.
B.Â
The applicant is under the age of 18 years.
C.Â
The applicant has been convicted of a specified criminal activity,
as defined in this Part.
D.Â
The adult 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 Part.
E.Â
The applicant has had an adult business employee license revoked by the Township within two years of the date of the current application. If the adult business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 6-509.
F.Â
The required application, investigation and license fees have not
been paid.
G.Â
An applicant's license to operate an adult business, issued by any
jurisdiction, has been revoked within the preceding 12 months.
H.Â
The proposed adult business is in violation of or is not in compliance
with any of the provisions of this Part.
2.Â
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 Chief of Police that the applicant has not been convicted of any specified criminal activity, as defined in this Part, 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 § 6-505.
3.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, the address
of the adult business and the specific classification of adult use
for which the license is issued. Licenses for adult businesses shall
state that the adult 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 adult business so that they may be easily read at any time.
4.Â
Applications for building and occupancy permits shall be processed
and either denied or approved within 30 days of the submittal of a
complete application. A letter notifying the applicant of such denial
or approval shall be mailed to the applicant within 30 days of the
submittal of a complete application.
5.Â
An adult business license shall issue for the specific classification
of adult use as permitted by ordinance and applied for.
7.Â
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 Township Board of Supervisors. The appeal shall specify the grounds on which it is taken, and any ground not specified shall be waived. The Township Board of Supervisors shall then hold or designate a hearing body to hold a Local Agency Law hearing within 20 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 Township Board of Supervisors or the designated appeal body may be taken to court subject to § 6-509, Subsection 5, of this Part.
[Ord. 420, 1/2/2007]
1.Â
Every application for an adult 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 by resolution of the Board of Supervisors.
2.Â
In addition to the application and investigation fee required above,
every adult business that is granted a license (new or renewal) shall
pay to the Township an annual nonrefundable license fee in an amount
set by resolution of the Board of Supervisors within 30 days of license
issuance or renewal.
3.Â
Every application for an adult 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 Board of Supervisors.
4.Â
All license applications and fees shall be submitted to the office
of the Township Manager, and, thereafter, the applications shall be
forwarded to the Chief of Police for review and investigation and
approval or denial.
[Ord. 420, 1/2/2007]
1.Â
An applicant or licensee shall permit authorized Township officials
and their agents or consultants to inspect the premises of an adult
business at all reasonable times 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 an adult business or his agent or employee
commits a violation of this Part if he refuses to permit such lawful
inspection of the premises at any time it is occupied or open for
business.
[Ord. 420, 1/2/2007]
1.Â
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 6-503. 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.
2.Â
When the Township 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 Township 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.
[Ord. 420, 1/2/2007]
The Chief of Police 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:
[Ord. 420, 1/2/2007]
1.Â
The Chief of Police shall revoke a license if a cause of suspension in § 6-508 occurs and the license has been suspended within the preceding 12 months.
2.Â
The Chief of Police 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 allowed possession, use, or sale of controlled
substances on the premises;
C.Â
A licensee has knowingly allowed prostitution on the premises;
D.Â
A licensee knowingly operated the adult business during a period
of time when the licensee's license was suspended;
E.Â
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; or
F.Â
A licensee is delinquent in payment to the Township for any licensing
fees past due.
3.Â
When a license is revoked, the revocation shall continue for one year, and the licensee shall not be issued an adult business license for one year from the date the revocation became effective. If, subsequent to revocation, the Township finds that the basis for the revocation has been corrected or abated, the revocation may be dissolved if at least 90 days have elapsed since the date the revocation became effective and the basis for the revocation was not a basis set forth in § 6-509, Subsection 2.
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 permit 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 Local Agency Law, to the Township
Board of Supervisors. Any such appeal must be filed, in writing, with
the Township Secretary, within 10 days from the date of mailing of
the decision appealed from. Failure to file said appeal with the Township
Secretary within 10 days from the date of the mailing of the decision
appealed from shall constitute a waiver of the right to appeal the
issues or matters addressed by the written decision. The Township
Board of Supervisors will then hold or designate a hearing body to
hold a Local Agency Law hearing within 20 days from the date the appeal
is filed. A written decision will be issued within 10 days from the
date such hearing concludes. 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 the expiration
of the ten-day appeal period without filing of an appeal or the date
of a decision dismissing any appeal.
5.Â
Any person aggrieved by a decision of the Township Board of Supervisors
or the designated hearing body may appeal to a court of competent
jurisdiction. The Township 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 Township shall promptly
certify any record to the court upon any request by the court to do
so.
[Ord. 420, 1/2/2007]
A licensee shall not transfer his/her license to another, nor
shall a licensee operate an adult business under the authority of
a license at any place other than the address designated in the application.
[Ord. 420, 1/2/2007]
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 an adult 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
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 Township 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 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 licensees to ensure that the view area specified in Subsection 1D 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 Subsection 1A of 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 the 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.
[Ord. 420, 1/2/2007]
[Ord. 420, 1/2/2007]
1.Â
A 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 Part
if the person appears 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 rest room not open to public
view or visible to any other person.
3.Â
A person commits a violation of this Part if the person appears in
a state of nudity, or knowingly allows another to appear in a state
of nudity, in 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.
[Ord. 420, 1/2/2007]
1.Â
It shall be a violation of this Part for a person to knowingly and
intentionally, in a public place:
2.Â
For purposes of this Part, "public place" includes all outdoor places
owned 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, restricted
to adults or to patrons invited to attend, whether or not admission
is charged.
3.Â
The prohibition of this § 6-514 shall not apply to:
A.Â
Any child under 10 years of age.
B.Â
Any individual exposing a breast in the process of breastfeeding
an infant under two years of age.
C.Â
The exercise of Constitutional rights of free speech or free expression
in the form of serious artistic and theatrical performances. It is
the intention of the Township 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.
[Ord. 420, 1/2/2007]
A person commits a violation of this Part if the person knowingly
allows a person under the age of 18 years on the premises of an adult
business.
[Ord. 420, 1/2/2007]
No adult business shall be open for business before 10:00 a.m.,
Monday through Saturday or after 10:00 p.m., Monday through Saturday.
Adult businesses shall not be open for business at any time on Sundays
and legal holidays.
[Ord. 420, 1/2/2007]
1.Â
It is a defense to prosecution under § 6-514 that a person appearing in a state of nudity did so in a modeling class operated:
A.Â
By a proprietary school, licensed by the Commonwealth of Pennsylvania,
or a college, junior college, or university supported entirely or
partly by taxation;
B.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; and
C.Â
In a structure:
(1)Â
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing;
(2)Â
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3)Â
Where no more than one nude model is on the premises at any
one time.
[Ord. 420, 1/2/2007; as amended at time of adoption of Code
(see Ch. AO)]
1.Â
Any person who violates or permits a violation of this Part shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
Part. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
2.Â
In addition to any other remedy available under law, the Township
may enforce this Part by an action in equity.
3.Â
All fines and penalties collected for violation of this Part shall
be paid to the Township Treasurer.
4.Â
The initial determination of ordinance violation and the service
of notice of violation are hereby delegated to the Township Secretary,
the Police Chief, the Building Inspector and their designees.
[Ord. 420, 1/2/2007]
1.Â
It is the intention of the Township of Richland that its provisions
of this Part will be construed, enforced and interpreted in such a
manner as will cause the least possible infringement of the Constitutional
rights of freedom of speech, free expression, due process, equal protection
or other Constitutional rights.
2.Â
The provisions of this Part are severable; and if any Section, subsection,
clause, sentence or part thereof shall be held or declared illegal,
invalid or unconstitutional by any court of competent jurisdiction,
the decision shall not affect or impair any of the remaining Sections,
subsections, clauses, sentences or parts thereof, of this Part. It
is hereby declared to be the intent of the Board of Supervisors that
this Part would have been adopted if such illegal, invalid or unconstitutional
Section, subsection, clause, sentence or part thereof had not been
included herein.
[Ord. 420, 1/2/2007]
This Part shall be effective five days after adoption.
