[Ord. 395, 8/7/1979, § 1]
The Board of Commissioners of the Township of Collier find that
the crass commercial exploitation of explicit sexual conduct through
the public exhibition of lewd films, and the display and/or sale of
lewd publications, and the use of so-called massage parlors and model
studios for purposes of lewdness, assignation, or prostitution, constitutes
a debasement and distortion of a sensitive key relationship of human
existence, central to family life, community welfare, and the development
of human personality; is indecent and offensive to the senses and
to public morals and interferes with the comfortable enjoyment of
life and property, in that such interference with the interest of
the public in the quality of life and total community environment,
the tone of commerce in the Township, property values, and the public
safety; and that the continued operation of such activities is detrimental
to the best health, safety, convenience, good morals, and general
welfare of the Township of Collier, and/or the residents; citizens,
inhabitants and businesses thereof. This Part 1A shall apply to existing
establishments which are presently engaged in the type of activity
herein declared to be a public nuisance.
[Ord. 395, 8/7/1979, § 2]
Having knowledge of the contents and character of the patently
offensive sexual conduct or demonstration which appears in the film,
publication, or knowledge of the acts lewdness, assignation, or prostitution
which occur on the premises.
Any matter:
Which the average person, applying contemporary community standards,
would find, when considered as a whole, appeals to the prurient interest.
Which depicts or describes patently offensive representations
or descriptions of:
Ultimate sexual acts, normal or perverted, actual or simulated.
Masturbation, excretory functions, or exhibition of the genitals
or genital area.
|
Nothing herein contained is intended to include or prescribe
any matter which, when considered as a whole, and in the context in
which it is used, possesses serious literary, artistic, political
or scientific value.
|
Any method of treating the superficial soft parts of the
human body, for remedial, hygienic or other purposes, consisting of
the rubbing, stroking; kneading, or any similar treatment, accomplished
by hand or by use of any instrument.
Any building or structure or portion thereof, located within
the Township, which is open to members of the general public, with
or without the payment of a fee, at which massage services are offered.
A motion picture film or a publication, or both.
Any premises on which there is conducted the business of furnishing
figure models who pose in the nude for the purpose of being observed
or viewed by any person or being sketched, painted, drawn, sculptured,
photographed or otherwise similarly depicted for persons who pay a
fee, or other consideration or compensation, or a gratuity, for the
right or opportunity so to depict the figure model, or for admission
to, or for permission to remain upon, or as a condition for remaining
upon the premises.
Any premises where there is conducted the business of furnishing
or providing or procuring, for a fee or other consideration or compensation
or gratuity, figure models who pose in the nude to be observed or
viewed by any person or to be sketched, painted, drawn, sculptured,
photographed or otherwise similarly depicted.
Exception. The words "model studio" do not include:
Any studio which is operated by any state college or junior
college, public school, or any governmental agency wherein the person,
firm, association, partnership or corporation operating it has met
the requirements established by the Commonwealth of Pennsylvania for
the issuance or conferring of, and is in fact authorized thereunder
to issue and confer, a diploma or honorary diploma.
Any premises where there is conducted the business of furnishing,
providing or procuring figure models solely for any studio described
in Subsection C(1) of this definition.
Any studio operated by a tax exempt nonprofit corporation devoted
to the development of art and its appreciation.
Includes any:
Film or plate negative.
Film or plate positive.
Film designed to be projected on a screen for exhibition.
Films, glass slides, or transparencies, either in negative or
positive form, designed for exhibition by projection on a screen.
Video tape or any other medium used to electronically reproduce
images on a screen.
Includes:
Completely without clothing.
With the human male or female genitals, pubic area, or buttocks
with less than a full 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 covered male genitals in a discernibly
turgid state.
Any individual, partnership, firm, association, corporation,
or other legal entity.
Includes, but is not limited to, any building, structure
or space, or any separate part or portion thereof, whether permanent
or not, or the ground itself.
Includes any book, magazine, article, pamphlet, writing,
printing, illustration, picture, sound recording, or a motion picture
film which is displayed in an area open to the public offered for
sale or exhibited in a coin-operated machine.
A passing of title or right of possession from a seller to
a buyer for valuable consideration, and shall include, but is not
limited to any lease or rental arrangement or other transaction wherein
or whereby any valuable consideration is received for the use of,
or transfer of possession of, lewd matter.
[Ord. 395, 8/7/1979, § 3]
1.
Any and every place in the Township of Collier where lewd films are
publicly exhibited or possessed for the purpose of such exhibition;
and any and every place in the Township of Collier where a lewd film
is publicly or repeatedly exhibited, or possessed for the purpose
of such exhibitions, is a public nuisance.
2.
Any and every lewd film which is publicly exhibited or possessed for such purposes at a place which is a public nuisance under Subsection 1 above, is a public nuisance per se.
3.
From and after service on the theater, or its manager, or acting manager, or person then in charge of such place, of a true and correct copy of this Part 1A and a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 hereof, all monies paid thereafter as admission price to such exhibitions are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
[Ord. 395, 8/7/1979, § 4]
1.
Any and every place in the Township of Collier in which lewd publications
constitute a part of the stock in trade is a public nuisance.
2.
Any and every lewd publication possessed at a place which is a public nuisance under Subsection 1, is a public nuisance per se.
3.
From and after service on the place, or its manager, or acting manager, or person then in charge of such place, of a true and correct copy of this Part 1A and a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 hereof, all valuable consideration received for the sale of such lewd publications is also declared to be a public nuisance as personal property used in conducting and maintaining a declared public nuisance.
[Ord. 395, 8/7/1979, § 5]
1.
Every massage parlor or model studio, which, as a regular course
of business, is used for the purposes of lewdness, assignation, or
prostitution, and every such massage parlor or model studio in or
upon such acts of lewdness, assignations, or prostitution, are held
or occur, is a public nuisance which shall be enjoined, abated, and
prevented.
2.
From and after service on the place, or its manager, or acting manager, or person then in charge of such place, of a true and correct copy of this Part 1A and a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 hereof, all monies or other valuable consideration paid for services rendered to customers are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
[Ord. 395, 8/7/1979, § 6]
1.
Upon and after receiving notice through service of a true and correct copy of this Part 1A and of a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 hereof, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a place in the Township of Collier which is declared to be a public nuisance as set forth and stated in §§ 6-103, 6-104, or 6-105 of this Part 1A, is deemed to be a person who has knowledge of such nuisance for the purpose of this Part 1A and is, thereafter responsible for its maintenance, and shall be liable therefor.
[Ord. 395, 8/7/1979, § 7]
1.
Upon a specific finding that a public nuisance, as defined in §§ 6-103, 6-104, or 6-105 of this Part 1A, exists in the Township of Collier, the Board of Commissioners, in applying the provisions of this Part 1A to such nuisance, shall provide for the following by resolution:
A.
Declare the fact that such nuisance exists.
B.
Set forth the description or legal description and street address
of the place which constitutes the nuisance.
C.
Set forth the evidentiary facts considered by the Board of Commissioners
in arriving at its factual determination.
(1)
In the case of a motion picture film or films, such shall include
a recitation of the particular sexual conduct and acts which the Board
of Commissioners find are patently offensive, and the basis for the
finding by the Board of Commissioners that (a) such films are publicly
exhibited in the course of business, or that (b) such film is publicly
or repeatedly exhibited, or held for such exhibition at the place
declared to be a nuisance.
(2)
In the case of a publication or publications, such shall include
a recitation of (a) the particular publications considered by the
Board of Commissioners, and those which the Board of Commissioners
finds to be patently offensive; and (b) the basis for the finding
by the Board of Commissioners that such publications are displayed,
sold or held for sale at any place found by the Board of Commissioners
to be a public nuisance, and (c) the basis of the finding by the Board
of Commissioners that such publications constitute a part of the stock
in trade of such place of business or other place.
(3)
In the case of a massage parlor or model studio, such shall
include a recitation of (a) the particular acts of lewdness, assignation,
or prostitution which have occurred, and (b) the basis for the finding
by the Board of Commissioners that such acts occur in the course of
business.
D.
Order all person described in § 6-106.1 hereof to summarily
abate such public nuisance within 24 hours of service of such order
on any such persons, by terminating the exhibition, sale, or possession
for sale of such lewd subject matter or by ceasing to use the place
where the nuisance is declared to exist or by terminating the use
of said premises for the purposes of lewdness, assignation, or prostitution,
or causing the same to be terminated, and notifying the Chief of Police
of the Township of compliance therewith by sworn affidavit as ordered
by the action of the Board of Commissioners in such resolution.
E.
Order the Solicitor for the Township to proceed as directed in § 6-109 of this Part 1A and do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as is permissible under the law, including requesting the Court to advance such proceedings on the calendar of the Court.
F.
Inform and give notice to persons designated in § 6-106.1
that:
(1)
The Board of Commissioners has determined that a public nuisance
presently exists at such place and address, and that, under § 6-106.1
of said Part 1A, they are deemed to have knowledge thereof and are
responsible therefor.
(2)
That in the event the order of the Township is not complied with within 24 hours, the Board of Commissioners has ordered the Solicitor, as provided for under § 6-109 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 6-107 of this Part 1A, and that under § 6-108.1 and .2 of this Part 1A, the costs of abatement of such civil abatement action filed including investigative costs, court costs, attorney's fees, and other expenses, are made a special assessment against the parcel of land upon which such nuisance is being maintained and, upon their determination in such court action, will, be separate legal procedure, be made a lien against such property and a personal obligation against any person, persons, firm, association, partnership, corporation, or other entity deemed to be in violation of this Part 1A.
(3)
All lewd motion picture films or lewd publications being used
in conducting and maintaining such public nuisance are contraband
and the subject of forfeiture.
(4)
From and after service on the place, or its manager, or acting
manager, or person then in charge of such place, of a true and correct
copy of this Part 1A and a true and correct copy of such resolution,
any and all monies paid as admission price to or for the exhibition
or exhibitions of such lewd motion picture films, and valuable consideration
received for the sale of such lewd publications, and all monies or
other valuable consideration received for services rendered in such
massage parlors or model studios are a public nuisance, as personal
property used in conducting and maintaining such nuisance and, as
such, are the subject of forfeiture.
G.
Order that a true and correct copy of said resolution and a true
and correct copy of this Part 1A be delivered forthwith in any manner
normally used to effectuate personal service of process to all persons
of record having any legal or equitable interest in the real property,
and to the regular or acting manager or persons in charge of the place
therein declared a public nuisance.
[Ord. 395, 8/7/1979, § 8]
1.
Upon judgment for the Township of Collier in legal proceedings brought
pursuant to this Part 1A, an accounting shall be made by such defendant
or defendants of all monies or valuable consideration received by
them which have been declared to be a public nuisance under §§ 6-103.3,
6-104.3, or 6-105.2 of this Part 1A. Such monies or their equivalent
and any valuable consideration received shall be forfeited to the
General Fund of the Township of Collier or to the Township of Collier
as property of the Township of Collier if any valuable consideration
received be not money.
2.
The cost of abatement shall include the following:
A.
Investigative costs.
B.
Court costs.
C.
Reasonable attorney's fees arising out of the preparation for,
and trial of the cause, and appeals therefrom, and other costs allowed
on appeal.
D.
Printing costs of trial and appellate briefs, and all other papers
filed in such proceeding. Such cost of abatement is hereby made a
special assessment against the parcel of land upon which such nuisance
is maintained. Upon its determination in a civil action, such shall,
by separate legal proceeding, be made a lien against such property
and a personal obligation against any person, persons, firm, association,
partnership, corporation, or other entity and shall be collected at
the same time in the same manner as ordinary Township taxes are collected,
and shall be subject to the same penalties end the same procedure
and sale in the case of delinquency as provided for ordinary Township
taxes. All laws, applicable to the levy, collection, and enforcement
of Township taxes, shall be applicable to such special assessment.
[Ord. 395, 8/7/1979, § 9]
1.
Upon a specified finding by resolution of the Township of Collier
of the fact that a public nuisance exists at a particular location,
the Solicitor shall:
A.
Not later than three days after passage of said resolution, commence
legal proceedings by the filing of a civil action seeking the following
relief:
(1)
A declaratory judgment that the matter named by the Board of
Commissioners is lewd, as defined herein.
(2)
A declaratory judgment that the matter found to be lewd is or
are public nuisances per se under this Part 1A and such resolution.
(3)
A declaratory judgment that each place named by the Board of
Commissioners is a public nuisance under this Part 1A and such resolution.
(4)
An accounting of all monies paid as admission price to or for
the exhibition or exhibitions of such lewd motion picture films, and
valuable consideration received for the sale of such lewd publications,
and all monies or other valuable consideration received for services
rendered in such massage parlors or model studios from and after the
time the persons maintaining said nuisance receive notice of the finding
by the Board of Commissioners by resolution that the public nuisance
exists, and a judgment that such monies or valuable consideration
are a public nuisance under this Part 1A.
(5)
An order that all admission price monies or valuable consideration
received and enumerated in the court-ordered accounting be forfeited
as contraband to the General Fund of the Township of Collier or as
property belonging to the Township of Collier.
(6)
An injunction enjoining and restraining all persons responsible
for maintaining said nuisance from possessing or publicly exhibiting
said lewd motion picture films, or from selling or possessing for
sale said lewd publications, or from committing acts of lewdness,
assignation, or prostitution, at any time in the future in the Township
of Collier and such other injunctive relief as the court may order.
(7)
An order that all positive prints of the named lewd film and
all lewd publications or copies or reproductions thereof be forfeited
as contraband under this Part 1A.
(8)
Judgment for the Township of Collier for all costs therein expended,
including investigative costs, court costs, reasonable attorney's
fee, and such other expenses as are provided for herein.
(9)
All other relief as the court may deem proper.
[Ord. 577, 9/5/2000, § 101]
1.
Purpose.
A.
Pursuant to the authority granted to the Township to prohibit nuisances;
to promote the health, cleanliness, comfort and safety of the citizens
of Collier 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 Collier enacts this Ordinance 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.
The Board of Commissioners 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 insure that operators of
adult businesses comply with reasonable regulations and to insure
that operators do not knowingly allow their establishments to be used
as places of illegal sexual activity or solicitation.
C.
It is not the intent of the Board in enacting this legislation 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 chapter 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 legislation, 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.
Legislative Findings. The Board of Commissioners finds:
A.
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 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 Collier Township Chief of Police and
Solicitor also indicates that such adverse secondary effects result.
B.
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.
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.
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.
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the adult
business, limiting the adverse secondary effects of such businesses.
F.
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 1B is designed to prevent or who are likely
to be witnesses to such activity.
G.
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 1B.
H.
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.
The general welfare, health, and safety of the citizens of the Township
will be promoted by the enactment of this Part 1B.
J.
Limitation of operating hours of adult businesses to 8:00 a.m. to
10:00 p.m. Mondays through Saturdays, and closure of such businesses
on Sundays and holidays reduces the adverse secondary effects of such
businesses, including, particularly, but not limited to, late night
noise levels, crime and sexually offensive materials and activities
in public areas, and promotes the public health, safety, and welfare.
K.
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.
The continued unregulated operation of such adult businesses is and
would be detrimental to the general health, safety, and welfare of
the citizens of Collier Township.
[Ord. 577, 9/5/2000, § 102]
As used in this Part 1B 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, video cassettes 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.
Films, motion pictures, video cassettes, 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."
A theater, tavern, banquet hail, party room, conference center,
restaurant, nightclub, 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 furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
And 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 a adult
business, to any adult business.
The addition or change of any adult business to any other existing
adult business or to a nonadult business.
The relocation of any adult business.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by a licensee
or person.
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the licensee
or person made a reasonable bona fide attempt to ascertain the true
age of such minor.
A person in whose name a license to operate 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" and is provided to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by other persons who pay money or any form of consideration.
Nude model studio shall not include a proprietary school licensed
by the State of Pennsylvania or a college, junior college, or university
supported entirely or in part by public taxation; a private college
or university which maintains and operates educational programs in
which credits are transferable to a college, junior college, or university
supported entirely or partly by taxation; or in a structure:
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.
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 pad of the nipple, or the showing of
the covered male genitals in a discernible 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; or distribution of a controlled
substance; or any similar offenses to those described above under
the criminal or penal code of other states or countries; for which:
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is 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.
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 not
effect on the disqualification of the applicant or a person residing
with the applicant.
Any of the following:
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 transfer the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
Booths, stalls, partitioned portions of a room, cubicles,
stalls, compartments, rooms, or other enclosures which are available
to members of the public, patrons or members for viewing (1) films,
movies, videos, or visual reproductions of any kind depicting or describing
"specified sexual activities" or "specified anatomical areas," or
(2) persons who appear in a state of nudity or who offer performances
or presentations characterized by the exposure of "specified anatomical
areas" or by "specified sexual activities."
[Ord. 577, 9/5/2000, § 103]
1.
It is unlawful:
A.
For any person to operate or establish an adult business without
a valid adult business license issued by the Township pursuant to
this Part 1B.
B.
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 1B.
C.
For any person to obtain employment with an adult business without
having secured an adult business employee license pursuant to this
Part 1B.
D.
Beginning on the sixtieth day after enactment of this Part 1B for
any person to continue to operate any adult business in operation
at the time of enactment of this Part 1B without a valid adult business
license pursuant to this Part 1B.
E.
Beginning on the sixtieth day after enactment of this Part 1B for
any person who operate an adult business in operation at the time
of enactment of this Part 1B 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 1B.
F.
Beginning on the sixtieth day after enactment of this Part 1B for
any person to obtain employment with an adult business in operation
at the time of enactment of this Part 1B without having secured an
adult business employee license pursuant to this Part 1B.
2.
An application for a license must be made on a form provided by the
Township.
3.
All applicants must be qualified according to the provisions of this
Part 1B. 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 1B.
4.
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.
The completed application for an adult business license shall contain
the following information and shall be accompanied by the following
documents:
A.
If the applicant is:
(1)
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)
A partnership, the partnership shall state its complete name,
and the name of all partners, whether the partnership is general or
limited, and a copy of the partnership agreement, if any, and provide
for each partner the information required below in Subsections 5C,
5D, 5E, 5H, 5I, and 5J.
(3)
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, 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 in Subsections
5C, 5D, 5E, 5H, 5I, and 5J.
(4)
For an entity other than a partnership or corporation, the entity
shall submit the information required below in Subsections 5C, 5D,
5E, 5H, 5I, and 5J for each person exercising control over the entity.
B.
If the applicant intends to operate the adult business a name other
than that of the applicant, he or she must state (1) the adult business'
fictitious name and (2) submit the required registration documents.
C.
Whether the applicant, or a person residing with the applicant, has
been convicted of a specified criminal activity as defined in this
Part 1B, and, if so, the specified criminal activity involved, the
date, place and jurisdiction of each.
D.
Whether the applicant, or a person residing with the applicant, has
had a previous license under this Part 1B 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 1B 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.
Whether the applicant or a person residing with the applicant holds
any other licenses under this Part 1B 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.
The specific classification of adult business use for which the applicant
is filing.
G.
The location of the proposed adult business, including a legal description
of the property, street address, and telephone number(s), if any.
H.
The applicant's mailing address and residential address.
I.
A recent photograph of the applicant(s).
J.
The applicant's driver's permit number, Social Security
number, and his/her state or federally issued tax identification number.
K.
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.
A current certificate and straight-line drawing prepared within 30
days prior to application by a registered land surveyor depicting
the property lines, the property to be certified.
M.
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 § 6-121 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
N.
The application form shall inform the applicant that (1) 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) that Department of Labor and Industry approval
is required.
O.
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)
All signs shall be flat wall signs.
(2)
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)
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.
Applications shall be accompanied by written authorization of the
property owner.
6.
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.
The applicant's name or any other name (including "stage" names)
or aliases used by the individual.
B.
Age, date, and place of birth.
C.
Height, weight, hair, and eye color.
D.
Present residence address and telephone number.
E.
Present business address and telephone number.
F.
Date, issuing state, and number of driver's license or other
identification card information.
G.
Social Security number.
H.
Proof that the individual is at least 18 years of age.
7.
Attached to the application form for an adult business employee license
as provided above, shall be the following:
A.
A color photograph of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by
any police department. Any fees for the photographs and fingerprints
shall be paid by the applicant.
B.
A statement detailing the license history of the applicant for the
five years immediately preceding the date of the filing of the application,
including whether such applicant previously operated or is seeking
to operate, in this or any other county, municipality, state, or country
any business or has ever had a license, permit, or authorization to
do business denied, revoked, or suspended, or had any professional
or vocational license or permit denied, revoked, or suspended. In
the event of any such denial, revocation, or suspension, state the
name, the name of the issuing or denying jurisdiction, and describe
in full the reason for the denial, revocation, or suspension. A copy
of any order of denial, revocation, or suspension shall be attached
to the application.
C.
A statement whether the applicant has been convicted of a specified
criminal activity as defined in this Part 1B and, if so, the specified
criminal activity involved, the date, place, and jurisdiction of each.
[Ord. 577, 9/5/2000, § 104]
1.
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 Township Chief of Police
for review and investigation. Reference to the Township Chief of Police
herein shall include any designee of the Chief of Police. The Township
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 1B. 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.
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.
The applicant is under the age of 18 years.
C.
The applicant has been convicted of a "specified criminal activity"
as defined in this Part 1B.
D.
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 1B.
E.
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 § 6-119.
F.
The required application, investigation, and license fees have not
been paid.
G.
An applicant's license to operate an adult business, issued
by any jurisdiction, has been revoked within the preceding 12 months.
H.
The proposed adult business is in violation of or is not in compliance
with any of the provisions of this Part 1B.
2.
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 Township Chief of Police that the applicant has not been convicted of any specified criminal activity as defined in this Part 1B 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 § 6-119.
3.
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.
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.
An adult business license shall issue for the specific classification
of adult use as permitted by ordinance and applied for.
7.
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 Commissioners. The appeal shall specify the grounds on which
it is taken and any ground not specified shall be waived. The Township
Board of Commissioners 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 Commissioners
or the designated appeal body may be taken to court subject to § 6-119.5
of this Part 1B.
[Ord. 577, 9/5/2000, § 105]
1.
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 Commissioners.
2.
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 Commissioners within 30 days of
license issuance or renewal.
3.
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 Commissioners.
4.
All license applications and fees shall be submitted to the office
of the Township Manager, and, thereafter, the applications shall be
forwarded to the Township Chief of Police for review and investigation
and approval or denial.
[Ord. 577, 9/5/2000, § 106]
1.
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 insuring compliance
with the law, at any time it is occupied or open for business.
2.
A person who operates an adult business or his agent or employee
commits a violation of this Part 1B if he refuses to permit such lawful
inspection of the premises at any time it is occupied or open for
business.
[Ord. 577, 9/5/2000, § 107]
1.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 6-113. 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.
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. 577, 9/5/2000, § 108]
1.
The Township 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. 577, 9/5/2000, § 109]
1.
The Township Chief of Police shall revoke a license if a cause of suspension in § 6-118 occurs and the license has been suspended within the preceding 12 months.
2.
The Township Chief of Police shall revoke a license if he determines
that:
A.
A licensee gave false or misleading information in the material submitted
during the application process.
B.
A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises.
C.
A licensee has knowingly allowed prostitution on the premises.
D.
A licensee knowingly operated the adult business during a period
of time when the licensee's license was suspended.
E.
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.
F.
A licensee is delinquent in payment to the Township for any licensing
fees past due.
3.
When the Township revokes a license, 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 Subsection 2.
4.
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, 2 Pa.C.S.A.
§ 551 et seq., to the Township Board of Commissioners. 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 Commissioners 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: (1) the expiration of the ten-day appeal period
without filing of an appeal; or (2) the date of a decision dismissing
any appeal.
5.
Any person aggrieved by a decision of the Township Board of Commissioners
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. 577, 9/5/2000, § 110]
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. 577, 9/5/2000, § 111]
1.
A person who operates viewing booths or causes them to be operated
shall comply with the following requirements:
A.
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 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.
The application shall be sworn to be true and correct by the applicant.
C.
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.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the managers station of every
area of the premises to which any patron is permitted access for any
purpose excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two or more manager's stations
designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required
in this subsection must be by direct line of sight from the manager's
station. In addition, all viewing booths shall have at least one side
fully open so that all of the area inside the booth is open to the
view of persons in the public area of the establishment.
E.
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.
No viewing room may be occupied by more than one person at any time.
G.
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 foot candle
as measured at the floor level.
H.
It shall be the duty of the licensees to ensure that the illumination
described above as maintained at all times that any patron is present
in the premises.
I.
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
J.
No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
K.
The licensee shall, during each business day, regularly inspect the
walls between the viewing booths to determine if any openings or holes
exist.
L.
The licensee shall cause all floor coverings in viewing booths to
be nonporous, easily cleanable surfaces, with no rugs or carpeting.
M.
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. 577, 9/5/2000, § 112]
[Ord. 577, 9/5/2000, § 113]
1.
A nude model studio shall not employ any person under the age of
18 years.
2.
A person under the age of 18 years commits a violation of this Part
1B 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 restroom not open
to public view or visible to any other person.
3.
A person commits a violation of this Part 1B if the person state
of nudity, or knowingly allows another to appear in a state of nudity
a nude model studio premises which can be viewed from the public right
appears in a in an area of way.
4.
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. 577, 9/5/2000, § 114; as amended by Ord.
652, 4/13/2011]
1.
It shall be a violation of this Part 1B for a person to knowingly
and intentionally, in a public place:
2.
For purposes of this Part 1B, "public place" includes all outdoor
areas owned by or open to the general public and all buildings and
enclosed places owned by or open to the general public including,
but not limited to, places of entertainment, taverns, restaurants,
clubs, theaters, dance halls, banquet halls, party rooms or halls
limited to specific members, and party rooms or halls restricted to
adults or to patrons invited to attend, whether or not an admission
charge is levied. This section shall not apply to:
A.
Any child under 10 years of age.
B.
Any individual exposing a breast in the process of breast-feeding
an infant under two years of age.
C.
The exercise of free speech or free expression in the form of artistic
and theatrical performances. It is the intention of the Borough 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.
3.
It shall be a violation of this Part 1B for a person to knowingly
or intentionally in an adult oriented business appear in a semi-nude
condition unless the person is an employee who, while semi-nude, is
at least 10 feet from any patron or customer and on a stage at least
two feet from the floor.
4.
It shall be a violation of this Part 1B for an employee, while semi-nude
in an adult oriented business, to solicit any pay or gratuity from
any patron or customer or for any patron or customer to pay or offer
a gratuity to any employee while said employee is semi-nude in an
adult oriented business.
[Ord. 577, 9/5/2000, § 115]
A person commits a violation of this Part 1B if the person knowingly
allows a person under the age of 18 years on the premises of an adult
business.
[Ord. 577, 9/5/2000, § 116]
No adult business shall be open for business before 8:00 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. 577, 9/5/2000, § 117]
1.
It is a defense to prosecution under § 6-124 that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the Commonwealth of Pennsylvania,
a college, junior college, or university supported entirely or partly
by taxation.
B.
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.
C.
In a structure:
(1)
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)
Where, in order to participate in a class a student must enroll
at least three days in advance of the class.
(3)
Where no more than one nude model is on the premises at any
one time.
[Ord. 577, 9/5/2000, § 118; as amended by Ord.
652, 4/13/2011]
1.
Any person, firm, or corporation who shall violate any provision
of this Part 1B, upon conviction thereof, shall be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days.
2.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of the Part
found to have been violated.
3.
In addition to any other remedy available under law, the Township
may enforce this Part 1B by an action in equity.
4.
All fines and penalties collected for violation of this Part 1B shall
be paid to the Township Treasurer.
5.
The initial determination of violation and the service of notice
of violation are hereby delegated to the Township Manager, the Police
Chief, the Building Inspector and their designees.
[Ord. 577, 9/5/2000, § 119]
1.
It is the intention of the Township of Collier that its provisions
of this Part 1B 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.
The provisions of this Part 1B 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 1B;
it is hereby declared to be the intent of the Board of Commissioners
that this Part 1B would have been adopted if such illegal, invalid,
or unconstitutional section, subsection, clause, sentence, or part
thereof had not been included herein.
