[HISTORY: Adopted by the Borough Council of the Borough of Wilmerding as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-1-1998 by Ord. No. 959 (Ch. 13, Part 9, of the 1989 Code)]
As used in this article, the following terms shall have the meanings indicated:
- ADULT DANCING ESTABLISHMENTS
- Any business wherein employees, agents or independent contractors perform dance routines or adult-oriented dancing entertainment as characterized by an emphasis on the exposure of specific anatomical areas. This definition shall include any establishment whether or not it is licensed by the Pennsylvania Liquor Control Board to serve alcoholic beverages.
- ADULT ENTERTAINMENT
- Adult dancing and any activity, shop, store, magazine shop, bookstore or other establishment which at any time displays motion pictures, videotapes, books, magazines or any other form of entertainment of a sexual nature or content. This shall include any depiction, whether by movies, tapes, photographic reproductions, printed materials or other materials which otherwise depict, portray or convey nudity, sexual conduct or which cause sexual excitement. It shall further include establishments which sell or display material depicting nudity, sexual conduct, sexual excitement, sadomasochistic abuse, X-rated material, or that which depicts live or simulated sex acts.
- COMMUNITY STANDARDS
- The contemporary community standards of the Commonwealth of Pennsylvania.
- HARMFUL TO MINORS
- That quality of any description or representation in whatever form of nudity, sexual conduct, sexual excitement or sadomasochistic abuse which: i) predominately appeals to the prurient, shameful or morbid interest of minors; or ii) as a whole is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors; or iii) is utterly without redeeming social importance for minors.
- MATERIALS and EXPLICIT SEXUAL MATERIALS
- Any literature, including any book, magazine, pamphlet, newspaper, story paper, comic book, and any figure, visual representation or image including any drawing, photograph, picture or motion picture, which portrays nudity, obscenity, sexual conduct, sexual excitement or sadomasochistic activity.
- A person 17 years of age and younger.
- The showing or depiction of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.
- Any material, materials or a performance, if:
- A. The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
- B. The subject matter depicts or describes in a patently offensive way, sexual conduct.
- C. The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
- SADOMASOCHISTIC ABUSE
- Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
- SEXUAL CONDUCT
- Includes acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed genitals, pubic area, buttocks or, if such person is a female, breast.
- SEXUAL EXCITEMENT
- The condition of human male or female genitals when in a state of sexual stimulation or arousal.
An adult dancing establishment shall observe the following requirements:
Any dancing which exposes to view by patrons or spectators on the premises at any time the bare female breast below a horizontal line across the top of the areola at its highest point, which shall include the entire lower portion of the human female breast but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in part, is prohibited.
Any dancing which exposes to view by patrons or spectators on the premises at any time the human genitals, pubic region or cleavage of the human buttock is prohibited.
Any dancing known as straddle dancing, lap dancing, face dancing, or any similar type of dancing known by any other name in which an employee, agent or independent contractor, whether fully clothed or not, uses any part of his or her body, whether directly or through a medium, to massage, rub, stroke, knead, caress or fondle the genitals or pubic area of a patron while on the premises or the placing of the genitals or pubic area of an employee, agent or independent contractor in contact with, or in approximate contact with, the face or any other area of the body of a patron while on the premises is prohibited.
Any person engaged in displaying or exposing anatomical areas while dancing is prohibited from simulating sexual activity with any patron, spectator, employee, independent contractor or other person on the premises of an adult dancing establishment.
No person in an adult dancing establishment shall engage in the display of or exhibition of specific adult-oriented anatomical areas while performing or dancing except while said person is positioned in or occupying an entertainment area consisting of a platform or other structure raised not less than 18 inches nor more than 36 inches above the immediately surrounding main floor area and encompassing an area of at least 100 square feet and while the person so displaying or exhibiting is positioned not less than three feet from any patron or spectator.
No spectator or patron shall be present in the entertainment area defined above during the course of any performance or dancing involving the display or exhibition of specific adult-oriented anatomical areas.
No person maintaining, managing, owning or operating an adult dancing establishment shall allow or permit the construction, maintenance or use of areas partitioned or screened from public view that are designed to be occupied or are commonly occupied, alone or together, by any person or persons on the premises of such establishments for performances, private or otherwise, involving the display of or exhibition of specific adult-oriented anatomical areas while performing or dancing or to permit any employee or patron to violate any provision of this article.
Nothing in this article pertaining to adult dancing establishments shall be construed to permit or authorize any act or activities that are prohibited by state law, and these sections are meant to be in addition to any acts or activities that are so prohibited.
Every person who engages in operating an adult dancing establishment as defined herein shall obtain a license to operate such an establishment and pay to the Borough of Wilmerding a license fee in the annual amount of $500. Such license must be renewed annually by application of the person to whom the license was originally granted. Said license fee may be amended by Council in the future by simple resolution. Said license fee shall be used by the Borough of Wilmerding to offset its expenses in exercising its police and regulatory powers involving adult dancing establishments.
Each application for an adult dancing establishment license shall be accompanied by a photograph or drawing of any signs to be displayed on the exterior of the establishment with an indication as to the dimensions of the same.
Every person or entity engaged in or having any interest in the operation of an adult dancing establishment, before being issued a license, shall be required to meet the following qualifications:
Applicant must be free of convictions for the following: any felon, any conviction related to prostitution, any conviction involving the presentation, exhibition and/or performance of an obscene production, and any conviction involving the maintenance of a nuisance in connection with the same or similar business within the last two years. Applicant shall not have had any adult entertainment establishment license revoked for cause within the last two years.
Applicant must submit to fingerprinting by the Borough of Wilmerding Police Department or its designated representative.
Applicant and any person or entity having any connection to the establishment cannot owe any fees or taxes of any kind or nature to the Borough of Wilmerding.
Applicant's premises must meet all established health, zoning, fire, building, plumbing and BOCA codes and cannot provide direct interior access to residential living quarters. Applicant shall file a floor plan which clearly exhibits all entrances, exits, stairways and all rooms in the building and their intended uses.
Editor's Note: See Ch. 145, Construction Codes, Uniform, for current standards applicable in the Borough.
In the event applicant does not own the premises to be licensed, a copy of the lease agreement between the applicant and the property owner shall be submitted along with the application to the Borough.
Adult dancing establishments shall be permitted to operate between the hours of 6:00 p.m. until 2:00 a.m. the following morning on Monday through Saturday. Such establishments are prohibited from operating on Sundays with the exception of the hours of 12:01 a.m. to 2:00 a.m.
Adult dancing establishments and places of adult entertainment may be located and operated within the Borough of Wilmerding in the Industrial (I) Zone pursuant to the Wilmerding Borough Zoning Ordinance and Map (see Chapter 300, Zoning). Such establishments are prohibited from being located or operated in any other zone within the Borough of Wilmerding.
License suspension or revocation can occur upon:
Conviction by the licensee, his employees, agents or independent contractors for any offense occurring on the licensed premises involving or related to:
The production, presentation, exhibition or performance of any entertainment that is deemed to be obscene.
Maintenance of a nuisance in connection with the same or similar business.
Prostitution, solicitation for the purpose of prostitution or loitering for the purpose of prostitution.
The sale, transfer, possession or use of any controlled substance.
The display or exhibition by an employee, agent or independent contractor in the establishment of less than completely and opaquely covered human genitals or pubic region, the cleavage of the human buttocks, or any portion of the human female breast below a horizontal line across the top of the areola at its highest point, any part of the entire lower portion of the human female breast, excluding cleavage.
Any violation of any other section of this Code.
Any violation of the Pennsylvania Liquor Control Code.
Noncompliance with any health, zoning, fire, building and/or plumbing codes adopted by the Borough of Wilmerding.
The filing of a false application.
A conviction for permitting the on-premises sale or consumption of alcoholic beverages in any adult dancing establishment that is not licensed to sell alcoholic beverages.
Any illegal on-premises conduct by patrons that results in a criminal conviction of such patron.
A violation by any licensee or his agents, servants or employees for any action or activity occurring in, on or at the premises covered by the license in violation of any provision of this article or any other ordinance of the Borough of Wilmerding, or of any criminal or penal statute of the Commonwealth of Pennsylvania against gambling, disorderly conduct or any other criminal or penal offense; a judgment of conviction in any court of competent jurisdiction shall be conclusive evidence of such violation.
The occurrence in, on or at the premises covered by the license of any condition which is a nuisance or obnoxious to the morals and general welfare of the public.
When Wilmerding Borough Council has reasonable cause to believe that a license should be revoked or suspended for any of the offenses enumerated herein, it shall notify the licensee in writing of the hearing date and time and alleged charges. The notice to the licensee shall be mailed to the address shown on the license. At the hearing, the evidence shall be transcribed. Following the hearing, Wilmerding Borough Council shall make a decision which will be reduced to writing and forwarded to the licensee. Upon a decision by Wilmerding Borough Council to revoke or suspend a license issued under this article, all business activity at that location shall cease immediately for the period of suspension or revocation.
Dressing rooms shall be provided for all dancers and performers.
A barrier, including, but not limited to, a handrail, half-wall or other similar device, must be constructed that separates the performing area from the patrons.
Employees shall not be permitted to loiter in an open doorway or entrance of the licensed premises.
All doors to the licensed premises must be closed except for the limited time necessary to allow for ingress and egress during the hours of operation.
No one under the age of 21 shall be permitted as a patron or employee during the hours the premises are open for business.
No person who has been convicted of any prostitution-related offense within the last two years shall be employed.
Adult dancing entertainment activities or photographs of the same shall not be displayed within any licensed premises in such a manner as to be open to the general public view from outside the licensed premises.
It shall be unlawful for any person to permit a minor into an establishment of adult entertainment or an adult dancing establishment or to sell to a minor explicit sexual materials.
Any person or entity convicted of a violation of this article shall, upon conviction thereof before a competent authority, be sentenced to pay a fine of not more than $1,000 for each offense plus costs and, in default of payment of such fine and costs, be imprisoned for a period not exceeding 30 days.