Township of Connoquenessing, PA Chapter 78 Adult Businesses

[HISTORY: Adopted by the Board of Supervisors of the Township of Connoquenessing at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

§ 78-1 Legislative findings.

A. The Board of Supervisors of the Township of Connoquenessing finds that adult businesses are frequently used for unlawful activities, including prostitution, sexual liaisons of a casual nature, and sale and possession of controlled substances.

B. There is convincing documented evidence, including statistics and studies performed in a substantial number of communities in the Commonwealth of Pennsylvania and in the United States, concerning the serious objectionable characteristics and secondary effects of adult businesses located in other jurisdictions. The Board of Supervisors of the Township of Connoquenessing finds that these studies are relevant to the problems addressed by the Township in enacting ordinances to regulate the adverse secondary side effects of adult businesses.

C. The Board of Supervisors of the Township of Connoquenessing finds that there is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes related to prostitution, sale and possession of controlled substances and violence against persons and property. The studies from other jurisdictions establish convincing evidence that adult businesses, if not regulated pursuant to the locational and operational requirements set forth in this chapter, can result in an increase in criminal activities and other adverse secondary effects, with a deleterious impact on adjacent commercial and residential properties.

D. The Board of Supervisors of the Township of Connoquenessing, in adopting this chapter, is aware of and takes legislative notice of well-established legal principles related to the regulation of adult businesses and does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States and Pennsylvania Constitutions, but instead intends to enact reasonable regulations that address the adverse secondary effects of adult businesses.

E. The Board of Supervisors of the Township of Connoquenessing finds that locational regulations alone are insufficient to adequately protect the health, safety and general welfare of the citizens of the Township of Connoquenessing, and thereby find that it is in the public interest to establish certain requirements with respect to the ownership and operation of adult businesses.

F. The Board of Supervisors of the Township of Connoquenessing finds that there is clear and convincing evidence that close contact between performers and patrons, and the direct solicitation of and direct giving of gratuities, facilitates the opportunity for illegal activities, including, but not limited to, solicitations for sexual acts, transfer of controlled substances, and lewd and lascivious conduct, and further finds that enforcement of such activities requires a disproportionate level of public safety resources.

G. The Board of Supervisors of the Township of Connoquenessing finds the following, based upon its understanding of the documents and judicial decisions in the public record:

(1) Evidence supports a finding that some dancers and entertainers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts, as defined in this chapter, in adult businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of adult businesses on the site of the adult businesses.

(2) Evidence demonstrates that performers employed by adult businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows.

(3) Evidence supports a finding that performers at adult businesses have been found to engage in acts of prostitution with patrons of the establishment.

(4) Evidence demonstrates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity.

(5) As a result of the above, and in view of the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases (STDs), the Township of Connoquenessing has a substantial interest in adopting regulations that will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at adult businesses.

H. The Board of Supervisors of the Township of Connoquenessing finds that there are unique harmful effects on children and minors exposed to the effects of adult businesses, including, but not limited to, the deterioration of respect for family values, exposure to images and acts for which they are too young or immature to fully understand, exposure to items and displays containing pornography or sexual paraphernalia, and the possibility that such children or minors could inadvertently become targets or otherwise victims of solicitations of a sexual nature for which they are too young or immature to understand or otherwise take appropriate measures to protect themselves, and the Board of Supervisors of the Township of Connoquenessing desires to minimize and control the adverse secondary side effects associated with the operation of adult businesses and thereby protect the health, safety and welfare of the citizens of the Township of Connoquenessing from increased criminal activity, preserve the quality of life, minimize adverse impacts on property values and the character of surrounding neighborhoods and commercial businesses, and to deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases.

I. The Board of Supervisors of the Township of Connoquenessing finds that enclosed or dimly lit areas within adult businesses greatly increases the potential for unlawful conduct, such as prostitution, drug sales, and lewd and lascivious conduct. Requirements that all indoor and enclosed public areas be open to view by management and visible to all other public areas in the establishment, adequate lighting, and direct management supervision of such areas are necessary in order to reduce the opportunity for and incidents of illegal conduct and facilitate routine inspection of the premises by public safety personnel.

§ 78-2 Purpose and intent.

It is the purpose of this chapter to address the negative impacts associated with adult or sexually oriented businesses, as identified in § 78-1 in the legislative findings made in connection with the adoption of this chapter, to reduce or prevent neighborhood blight; to protect and preserve the quality of the Township's neighborhoods and commercial districts, to protect the Township's retail trade, to maintain property values; to protect and preserve the quality of Township life; to reduce the incidence or unlawful activity, and to promote the health, safety, moral and general welfare of the citizens of the Township. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

§ 78-3 Definitions.

A. For the purpose of this chapter, unless the context clearly require different meaning, the words, terms and phrases set forth shall have the meanings given them in this section.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture, or video machines, projectors, or other image-producing devices are maintained 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.

ADULT BOOKSTORE

An establishment having as a substantial, significant, or preponderant portion of its stock in matter which is distinguished or characterized by their emphasis on content depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein.

ADULT BUSINESS

Any adult or sexually oriented business, including any business establishment that regularly features live performances which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person, or specified sexual activities that involve the exposure of the genitals or buttocks of any person, or the breasts of any female person, or any business whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, may, pursuant to state law or other regulatory authority, be offered only to persons over the age of 18 years. Adult business may include an adult arcade, adult bookstore, adult cabaret, adult hotel/motel, adult motion-picture theater, adult visual materials or video store, adult modeling studio, or adult entertainment enterprise, as defined herein.

ADULT BUSINESS OPERATOR

A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct or activities occurring on the premises thereof.

ADULT BUSINESS OWNER

A person or persons who hold a financial or other business interest, in whole or in part, either singly or jointly, in an adult business. For purposes of this chapter, indicia of ownership may be established by evidence including, but not limited to, business license information, fictitious business name registration, utility billing information, or by other competent evidence. For purposes of this chapter, the person whose name appears on the business license application as the business owner shall be deemed to be the adult business owner.

ADULT CABARET

A building or portion thereof or area regularly featuring the presentation or exhibition of live performers whose performances are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined; or whose performances are rendered in a state of dress so as to expose the female breast below a point immediately above the top of the areola, male or female genitals; pubic areas; buttocks; or the female breast with only the nipple and areola covered, or any combination thereof, for observation by patrons or customers.

ADULT ENTERTAINMENT ENTERPRISE

Any business activity wherein is furnished for a fee or charge or other like consideration the opportunity to paint, feel, handle, touch, be in the presence of, be entertained by, be painted by, felt by, or touched by, the unclothed body or the unclothed of the body of another person, or to observe, view, or photograph such activity; or a fee or charge or like consideration is paid or received for goods sold or services rendered by or in the presence of one or more persons with an unclothed body or an unclothed portion of the body. Adult entertainment enterprise shall include, but not be limited to, the following business activities and activities similar thereto: adult or nude encounter studios, adult or nude dance studios, nude exhibitions, peep shows, wrestling centers, adult or nude art or photograph studios. "Unclothed portion of the body" shall mean state of dress so as to expose the female breast below a point immediately above the top of the areola, male or females genitals, pubic areas, buttocks, or female breast with only the nipple and areola covered.

ADULT ENTERTAINMENT ROOM

Any room of an adult entertainment establishment which constitutes an adult cabaret, adult motion-picture theater, adult entertainment enterprise, or adult theater, or adult visual materials store pursuant to this section.

ADULT HOTEL/MOTEL

A hotel or motel or similar business establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, videocassettes, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.

ADULT MODELING STUDIO

A business which provides, for any form of compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

ADULT MOTION-PICTURE THEATER

A building or portion thereof or area, open or enclosed, used for the presentation on more than 1/3 of the days in a calendar year during which motion-picture films, videocassettes, cable television or any other such visual media are displayed or exhibited, of films, videocassettes, cable television or other visual media which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or special anatomical areas as hereinafter defined for observation by patrons or customers. Adult motion-picture theater does not include any room or suite of rooms rented for human occupancy in a hotel or motel which is equipped or furnished with a videocassette-playing machine or cable television, unless such hotel or motel is determined to be an adult hotel/motel as defined herein.

ADULT VISUAL MATERIALS OR VIDEO STORE

A building or portion thereof used by an establishment having not less than 30% of its actual display area devoted to, or stock-in-trade for sale or rental to the public or any segment thereof consist of, books, magazines, other publications, films, videocassettes, or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereinafter defined.

APPLICANT

A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult business.

BAR

Any commercial establishment licensed by the State Liquor Control Board to serve any alcoholic beverages on the premises.

CODE ENFORCEMENT OFFICER

The person responsible for ordinance enforcement functions within the jurisdiction of the Township, including, but not limited to, responsibility for administration and enforcement of the provisions of this chapter.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON

Means or refer to the dominant or essential theme of the object described by such phrase.

EMPLOYEE

Every owner, partner, manager, supervisor, performer or other worker, whether paid or not, who renders services of any nature in the conduct of an adult business establishment. For purposes of this chapter, it shall be a rebuttable presumption that every person who renders services of any nature in the conduct of an adult business is an employee of the adult business.

ENTERTAINER

Any person who is an employee or independent contractor of the adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

OPERATE AN ADULT BUSINESS

The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.

PERMITTEE

The person to whom an adult business permit is issued.

PERSON

Any individual, firm, association, partnership, coparty, corporation, limited-liability corporation, joint-stock company, joint venture or combination of the above in whatever form or character.

REGULARLY FEATURES

With respect to an adult business means a regular, substantial course of conduct. The presentation, in or at any building or portion thereof, of live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activity on two or more occasions within a thirty-day period, three or more occasions within a sixty-day period, or four or more occasions within a one-hundred-eighty-day period shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

SEMINUDE

A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices, such as by G-strings, pasties, thongs, bikinis, or other similar forms of garments or devices.

SPECIFIED ANATOMICAL AREAS

Includes any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola;

(2) Human male genitals in a discernibly turgid state, even if completely opaquely covered; and

(3) Any device, costume or covering that simulates any of the body part included in Subsections (1) or (2) above.

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following, whether performed directly or indirectly through clothing or other coverings:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Sexual acts, actual or simulated, including sexual intercourse, oral copulation or sodomy;

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;

(4) Masturbation, actual or simulated; and

(5) Excretory functions as part of or in connection with any of the other activities described in Subsections (1) through (4) of this definition.

B. The foregoing definitions are generic. The uses and businesses governed by Subsection A include any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses set forth in Subsection A.

§ 78-4 Excluded activities.

This chapter does not apply to any activity conducted or sponsored by a school district or other public agency; so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency.

§ 78-5 Adult business permit required.

A. It shall be unlawful for any person to engage in, conduct, or carry a permit to be engaged in, conducted or carried on, in or upon any premises within the Township the operation of an adult business unless the person first obtains and continues to maintain in full force and effect a permit issued by the Code Enforcement Officer as required by this chapter.

B. A permit shall be issued to any applicant who has complied with all the following requirements:

(1) The applicant has paid the adult business application fee required pursuant to Subsection C.

(2) The applicant has not made a material misrepresentation in the application for a license.

(3) The establishment, including the building and lot or portion thereof where the establishment is or is proposed to be situated, and the physical facilities and maintenance related thereto, complies with all the requirements of this chapter, as determined pursuant to one or more inspections conducted by investigating officials of the Township.

C. Each application for a permit shall be accompanied by a nonrefundable fee in an amount established by resolution of the Board of Supervisors. The application fee shall be used to defray, in part, administrative costs incurred in the processing of the application, and is not made in lieu of any other fees or taxes required under this Code.

§ 78-6 Application for permit.

A. Any person who proposes to operate, maintain or conduct an adult business in the Township shall first submit to the Code Enforcement Officer a complete application for an adult business permit on a form provided by the Township containing the information set forth in this section, and payment of the required Township nonrefundable application fee as established by resolution and amended by the Board of Supervisors from time to time. An application which is not accompanied by the required application fee shall not be deemed a complete application.

B. If the applicant is an individual, the individual shall state his/her complete name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.

C. If the applicant is a partnership, the partners shall state the partnership's complete name, registered fictitious names, address, the names and addresses of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

D. If the applicant is a corporation, the corporation shall provide its name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Pennsylvania, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

E. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.

F. If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

G. Each application shall contain:

(1) A narrative description of the proposed or existing adult business for which the permit is requested, which shall include hours of operation, number of employees and description of titles and/or positions.

(2) A sketch or diagram showing the interior floor plan and configuration of the premises, depicting all interior rooms including rest rooms, office space, storage areas, and public areas, and dimensions. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Rest rooms made available in the ordinary course of business only to employees, and not to the general public or customers, shall be specifically identified as such on the sketch or diagram.

(3) A site plan showing the lot or property on which the adult business is or will be located, the location of the building or portion thereof in which the adult business is or will be located, the number of available parking spaces, the location and type of available and proposed lighting, landscaping, trash enclosures, and all means of ingress and egress to and from the property. The site plan need not be professionally prepared, but shall be drawn to scale with marked dimensions to an accuracy of plus or minus one foot.

(4) The full name, address and telephone number of the property owner and/or property management company if different from the applicant, a copy of the lease agreement in effect at the time of the application, if any, and a copy of any other agreements, easements, conditions, covenants, restrictions or other such documents, if any, that contain evidence affecting the use or operation of the lot, property premises or structures which will be subject to the permit for which the application has been submitted. If any of the documents identified in this subsection do not exist, the application shall contain a statement to that effect. If any of the documents identified in this subsection exist but are not available to the applicant, the application shall contain a statement to that effect, together with a statement describing the contents of the documents to the best of the applicant's knowledge, including the terms of any such leases, or other agreements, easements, conditions, covenants, restrictions and other such documents.

H. Each application shall also contain the following information about the applicant, if the applicant is an individual:

(1) Full name, including any aliases, current residential address, telephone number, date of birth, social security number, and driver's license number.

(2) The previous address of each applicant for a period of three years immediately prior to the date of application and the dates of residence on each.

(3) Written proof that the applicant is at least 18 years of age.

(4) Applicant's height, weight, color of eyes and hair.

(5) Business, occupation or employment history of the applicant for three years immediately preceding the date of the application.

(6) Two recent passport-style color photographs.

I. An adult business establishment lawfully existing and operating on the effective date of this chapter shall apply for a permit within 90 days therefrom and shall be allowed to continue operating during the pendency of the application process, including judicial review of a license denial or restriction, unless otherwise ordered by a court of competent jurisdiction. No provision herein shall be deemed to waive, limit or restrict the Township's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Township to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

J. Upon application of any adult business establishment not lawfully existing and operating on the effective date of this chapter, a temporary permit not to exceed 30 days shall be issued immediately upon receipt of a completed application. This permit shall in all other respects be controlled by the provisions of immediately preceding Subsection I.

§ 78-7 Application processing.

A. Upon receipt of a completed application and payment of the application and permit fees, the application shall be received by the Code Enforcement Officer.

B. Within 30 days of receipt of the completed application, the Code Enforcement Officer or his designated official shall conduct and complete an investigation of the information contained in the application to determine whether the applicant shall be issued an adult business permit in accordance with the provisions of this chapter and notify the applicant as follows:

(1) The Code Enforcement Officer shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the Code Enforcement Officer shall provide a written statement of the reasons for denial.

(3) If the application is granted, the Code Enforcement Officer shall issue an adult business permit.

(4) The application as granted or denied and the permit, if any, shall be sent by United States mail, first-class postage prepaid, addressed to the applicant to the address stated in the application.

C. The Code Enforcement Officer shall grant the application and issue a business permit upon finding that the applicant has met all of the standards and requirements of this chapter. A permit shall be deemed issued in the event the required inspections are not completed in a timely manner, unless the failure to complete said inspections is the result of any delay by the applicant, or to the applicant's refusal or inability to allow the required inspection within 10 days of the end of the specified time period. No provision herein shall be deemed to waive, limit or restrict the Township's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this chapter under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Township to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

D. Upon notification that the permit has been granted by the Code Enforcement Officer, or if the director fails to either grant or deny the application within 30 days of receipt of a completed application, the applicant may begin operating as an adult business pursuant to the terms and conditions of the permit as set forth in this chapter. The permittee shall post the permit conspicuously in the premises of the adult business establishment. Notification of the issuance of a permit, or of a permit being deemed issued under any provision of this chapter, shall be given to the applicant by first-class mail to the address provided in the application.

E. Each adult business permit shall expire one year from the date of issuance, or the date it is deemed issued, and may be renewed only by filing with the Code Enforcement Officer a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Each application for renewal shall be acted on and processed as provided herein for action upon applications for permits.

§ 78-8 Denial of permit.

A. Within 30 days of receipt of a completed application, the Code Enforcement Officer shall deny an application for a permit if he or she makes any of the following findings:

(1) The establishment, including the building or portion thereof where the adult business is or is proposed to be situated, and the physical facilities and maintenance related thereto, lacks or is denied a use and occupancy permit or fails to comply with all applicable provisions of this chapter.

(2) The applicant, his or her employee, agent, partner, director, officer or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business permit.

(3) The applicant, or any of the following persons, has had a license or permit issued pursuant to this chapter revoked within one year of the date of the application.

(a) If the applicant is a corporation, any officer or director of the corporation.

(b) If the applicant is a partnership, any general or limited partner or applicant.

B. Transmittal of decision. The permit or decision to deny the application shall be given to the applicant in writing, setting forth specifically the ground or grounds upon which the decision is based, the pertinent code section or sections, and a brief statement of the factual matters in support thereof. The decision shall be mailed, certified mail, return receipt requested, postage prepaid, addressed to the applicant at the last known address of the applicant, and the address on the most recent permit application.

§ 78-9 Appeal of denial.

A. Appeal to Board of Supervisors. Within 10 days from the deposit of the denial in the mail or from its receipt by applicant, the applicant may appeal in writing to the Board of Supervisors, setting forth with particularity the ground or grounds for the appeal. Any appeal hereunder to Board of Supervisors shall be conducted according to the Pennsylvania Local Agency Law.[1] The burden of proof shall in all cases rest with the Township. No provision herein shall be deemed to waive, limit or restrict the Township's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Township to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

[1] Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and § 751 et seq.

B. Hearing on appeal. The Board of Supervisors, consisting of at least a quorum, shall hear the appeal and shall set a time and place for the hearing on the appeal not less than 10 days nor more than 30 days from the date the appeal was received.

C. Disposition of appeal. After the hearing on the appeal, the Board of Supervisors may refer the matter back to the Code Enforcement Officer for a new investigation and decision, may affirm the denial of the application by the Code Enforcement Officer, or may approve the application. The matter shall not be referred back to the Code Enforcement Officer unless the applicant consents. Notice of the decision of the Board of Supervisors shall be mailed to the applicant within 10 days of the hearing date. A permit shall be deemed issued if the Board of Supervisors shall fail to render a decision within the time required by this section. The permit so issued shall be governed and issued according to the provisions of § 78-7 hereof. No provision herein shall be deemed to waive, limit or restrict the Township's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Township to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

§ 78-10 Reapplication after denial.

An applicant whose application for a license has been denied may reapply for such license after a period of not less than one year has elapsed from the date such denial was deposited in the mail or received by the applicant, whichever occurs first; provided, however, that an earlier reapplication may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exist.

§ 78-11 Grounds for permit suspension or revocation.

A permittee may be subject to suspension or revocation of a permit issued pursuant to this chapter, or be subject to other appropriate disciplinary action, for any of the following grounds arising from the acts or omissions of the permittee, or employee, agent, partner, director, stockholder, or manager of an adult business:

A. The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or reports required to be filed with the Township.

B. The establishment, including the building and lot or portion thereof where the establishment is or is proposed to be situated, and the physical facilities and maintenance related thereto, fails to comply with all provisions of this chapter.

C. The permittee, employee, agent, partner, director, stockholder, or manager of the adult business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business establishment:

(1) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

(2) The use of the establishment as a place where unlawful solicitation of sexual intercourse, sodomy, oral copulation or masturbation openly occur.

(3) The occurrence of acts of lewdness or prostitution as those terms are defined in 18 Pa.C.S.A. §§ 5902 and 5901.

(4) Any act constituting a violation of 18 Pa.C.S.A. § 5903, relating to the distribution of obscene and other sexual materials and performances.

(5) Any act constituting a violation of provisions relating to the distribution of dissemination of obscene matter to minors or that would constitute corruption of minors as that is defined in 18 Pa.C.S.A. § 6301.

(6) Any conduct constituting a criminal offense of which an essential element consists of the use of force or violence.

(7) Any act constituting a felony involving the sale, use, possession, possession for sale of any controlled substance.

D. Failure to comply with one or more of the facilities and operations requirements set forth in § 78-15.

E. The existence of a condition of the premises as hazardous or unsafe for human occupancy, in which event the Township shall have the right to elect as an alternative to the procedures established hereunder to petition any court or competent jurisdiction for an order suspending the permit on such terms and conditions as the court may determine.

F. No provision herein shall be deemed to waive, limit or restrict the Township's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Township to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

§ 78-12 Notice of permit violations and proceedings.

Upon determining that grounds for permit suspension or revocation exist, the Code Enforcement Officer shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, and/or shall be delivered to the permittee personally.

A. Hearing before Board of Supervisors. A hearing hereunder before the Board of Supervisors shall be conducted according to the Pennsylvania Local Agency Law.[1] The burden of proof shall in all cases rest with the Township at every stage or the proceedings. No provision herein shall be deemed to waive, limit or restrict the Township's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Township to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

[1] Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and § 751 et seq.

B. Hearing or appeal. The Board of Supervisors, consisting of at least a quorum, shall hear the appeal and shall set a time and place for the hearing on the appeal not less than 10 days nor more than 30 days from the date of the Code Enforcement Officer's written notice pursuant to this section.

C. Disposition of appeal. After the hearing, the Board of Supervisors may refer the matter back to the Code Enforcement Officer for a new investigation and decision, may affirm the denial of the application by the Code Enforcement Officer, or may approve the application. The matter shall not be referred back to the Code Enforcement Officer unless the applicant consents. Notice of the decision of the Board of Supervisors shall be mailed to the applicant within 10 days of the hearing date. A permit shall be deemed not to have been suspended or revoked if the Board of Supervisors shall fail to render a decision within the time required by this section. No provision herein shall be deemed to waive, limit or restrict the Township's right to petition a court of competent jurisdiction for an order suspending, revoking or terminating any permit issued under the provisions of this subsection under such terms and conditions as the court may determine, nor shall any provision herein be deemed or interpreted to restrict or in any way limit or compromise the right of the Township to seek revocation of any use or occupancy permit pertaining to the premises upon which an adult business is conducted on any ground applicable to such revocations, including, but not limited to, violations or failure to comply with any building, fire, electrical, plumbing, and health codes or ordinances, it not being the purpose of this chapter to confer upon applicants rights greater than those of any other applicant not otherwise subject to the terms of this chapter, or to excuse or permit violations of such codes or ordinances based on the adult entertainment nature of the applicant's business.

§ 78-13 No refund of fee.

No refund or rebate of a permit fee shall be allowed by reason of the fact the permit discontinues an activity for which a permit is required pursuant to this chapter, or that the license is suspended or revoked.

§ 78-14 Return of permit.

In the event that a permit is canceled, suspended, revoked, or invalidated, the permit shall be forwarded to the Code Enforcement Officer not later than the end of the third business day after notification of such cancellation, suspension, revocation, or invalidation.

§ 78-15 Facilities and operation requirements.

All adult business establishments subject to the provisions of this chapter shall comply with the following facilities and operations requirements:

A. No adult business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specific sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

B. All off-street parking area and premises entries of the adult business should be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of lighting on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways servicing the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

C. The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

D. With the exception of adult cabarets, each adult business subject to this chapter shall close and remain closed from 12:00 midnight to 9:00 a.m. the following day.

E. The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the Board of Supervisors or its designee. No person under the age of 18 years shall be permitted within the premises at any time.

F. All indoor areas of the adult business shall be physically arranged in such a manner that the entire interior portion of the booths, rooms, cubicles or stalls where adult entertainment is provided shall be clearly visible from the common areas of the premises, excluding rest rooms. Rest rooms may not contain video-reproduction equipment.

G. Visibility into booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever.

H. No adult business shall contain partitions between subdivisions of a room or portions or parts of a building, structure or premises with an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partitions.

I. No viewing room may be occupied by more than one person at any one time.

J. Customers, patrons or visitors shall not be allowed to stand idly by or in the vicinity of any such video booths, or from remaining in the common area of such business, other than the rest rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

K. The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner's and operator's license to conduct the adult-oriented establishment.

L. All areas of the adult 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 one footcandle as measured at the floor level. It should be the duty of the operator and operator's agents to insure that the illumination required by this subsection is maintained at all times that a patron is present or the premises.

M. The adult business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Rest rooms shall not contain television monitors or other motion-picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide rest room facilities to patrons or the general public.

N. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

(1) No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer.

(2) The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. No cameras or other surveillance devices shall be installed or maintained by the adult business owner or operator in the dressing room facilities for the purpose of broadcasting or projecting images for viewing by the patrons of the establishment or for broadcasting or projecting images over the Internet.

(3) The adult business shall provide an entrance/exit for entertainers separate from the entrance/exit used by patrons.

(4) The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

(5) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult business.

(6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

(7) Any of the foregoing provisions may be waived, modified or altered if the physical characteristics of the premises upon which the adult business is conducted are such that compliance with these provisions is impossible or impractical. The standards and procedures governing such waivers, modifications or alterations shall be those that govern zoning variances, and the burden of proof shall be on the applicant to justify the proposed waiver, modification or alteration.

O. Adult businesses shall employ security guards in order to maintain public peace and safety, based upon the following standards:

(1) Adult businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

(2) Security guard(s) for other adult businesses may be required if it is determined by the Code Enforcement Officer that their presence is necessary in order to prevent any of the conduct listed in § 78-11 from occurring on the premises.

(3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guard(s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admitting person, or sole occupant of the manager's station while acting as a security guard.

P. The requirements of this section shall be deemed conditions of adult business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations and in accordance with the procedures established hereunder.

§ 78-16 Inspection by public officials.

A. The applicant shall authorize and allow entry by public officials of the Township into the premises wherein the applicant operates or proposes to operate an adult business establishment for the purpose of conducting one or more inspections to determine whether the establishment complies with all applicable building, fire, electrical, plumbing and health requirements of this Code, all state and federal requirements of a similar nature which are customarily enforced by the Township, and the provisions of this chapter.

B. Any and all investigating officials of the Township shall have the right to enter adult entertainment establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, plumbing or health regulations or provisions of this chapter. A warrant shall be obtained whenever required by law.

C. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this chapter if he or she refuses to permit a lawful inspection of the premises at any time it is occupied or open for business.

§ 78-17 Business name.

It shall be unlawful to operate an adult business establishment under any name or conduct business under any designation not specified in the permit.

§ 78-18 Business location change.

Before changing the location of an adult business establishment, an application to the Code Enforcement Officer shall be made pursuant to § 78-6.

§ 78-19 Transfer of interest.

No permit issued pursuant to the provisions of this chapter shall be assigned or transferred in any manner, nor shall any person other than those mentioned in such permit engage in the enterprise for which the permit is issued. As used herein, "transfer" shall include, but not be limited to, any modification of a business entity operating an enterprise, or otherwise required to be disclosed pursuant to § 78-6, including transfer of more than 10% of the stock of any corporation.

§ 78-20 Display of permits.

The owner or operator of an adult business establishment shall display the permit in an open and conspicuous place on the premises. Passport-size photographs of the permit shall be affixed to the permit on display pursuant to this section.

§ 78-21 Application to existing establishments.

Each operator of an establishment subject to the provisions of this chapter, and legally doing business on the effective date of this chapter, shall apply for a permit not later than 90 days therefrom, and shall comply with all requirements which are prerequisites for issuance of a license before such license will issue.

§ 78-22 Regulations nonexclusive.

The provisions of this chapter regulating adult businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the Township.