[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:
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 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.
The contemporary community standards of the Commonwealth
of Pennsylvania.
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.
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:
The average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest.
The subject matter depicts or describes in a patently offensive
way, sexual conduct.
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
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.
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.
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
A.Â
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.
B.Â
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:
A.Â
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.
B.Â
Applicant must submit to fingerprinting by the Borough of Wilmerding
Police Department or its designated representative.
C.Â
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.
D.Â
Applicant's premises must meet all established health, zoning,
fire, building, plumbing and BOCA codes[1] 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.
E.Â
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:
A.Â
Conviction by the licensee, his employees, agents or independent
contractors for any offense occurring on the licensed premises involving
or related to:
(1)Â
The production, presentation, exhibition or performance of any entertainment
that is deemed to be obscene.
(2)Â
Disorderly conduct.
(3)Â
Maintenance of a nuisance in connection with the same or similar
business.
(4)Â
Prostitution, solicitation for the purpose of prostitution or loitering
for the purpose of prostitution.
(5)Â
The sale, transfer, possession or use of any controlled substance.
(6)Â
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.
(7)Â
Any violation of any other section of this Code.
(8)Â
Any violation of the Pennsylvania Liquor Control Code.
B.Â
Noncompliance with any health, zoning, fire, building and/or plumbing
codes adopted by the Borough of Wilmerding.
C.Â
The filing of a false application.
D.Â
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.
E.Â
Any illegal on-premises conduct by patrons that results in a criminal
conviction of such patron.
F.Â
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.
G.Â
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.
A.Â
Dressing rooms shall be provided for all dancers and performers.
B.Â
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.
C.Â
Employees shall not be permitted to loiter in an open doorway or
entrance of the licensed premises.
D.Â
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.
E.Â
No one under the age of 21 shall be permitted as a patron or employee
during the hours the premises are open for business.
F.Â
No person who has been convicted of any prostitution-related offense
within the last two years shall be employed.
G.Â
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.
