[Ord. 464, 7/9/1997; as added by Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Adult Oriented
Business License Ordinance."
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
1.Â
Purpose.
A.Â
Pursuant to the authority granted in the Second Class Township Code,
53 P.S. § 65101 et seq., to prohibit nuisances; to promote
the health, welfare, cleanliness, comfort and safety of the citizens
of the Township; and to regulate the time of opening and closing,
and the conduct of places of public entertainment, amusement and recreation,
the Township enacts this Part to minimize and control the adverse
secondary effects of adult oriented businesses and thereby protect
the health, safety and welfare of its citizens; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of blight.
B.Â
The Board of Supervisors has determined that licensing is a legitimate
and reasonable means of accountability to ensure that operators of
adult oriented businesses comply with reasonable regulations and to
ensure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
C.Â
The Board of Supervisors does not intend this Part to suppress any
speech activities protected by the First Amendment, but to enact a
content neutral ordinance which addresses the secondary effects of
adult oriented businesses.
2.Â
Legislative Findings. The Board of Supervisors finds:
A.Â
Adult oriented businesses have adverse secondary effects which 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 oriented materials on public and private property,
sexual harassment, obscenity, prostitution and other illegal sexual
activities, crime and neighborhood deterioration.
B.Â
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the adult oriented businesses. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see that the adult oriented 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 oriented business, fully in possession and control of the
premises and activities occurring therein.
C.Â
Removal of doors on viewing booths and requiring sufficient lighting
on premises with viewing booths advances a substantial governmental
interest in discouraging the illegal and unsanitary sexual activity
occurring in adult theaters.
D.Â
Requiring licensees of adult oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incident of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
E.Â
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operations and maintenance of the adult
oriented businesses will help limit and control the adverse secondary
effects of such businesses.
F.Â
It is desirable in the prevention of the spread of communicable diseases
to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this Part is designed to prevent
or who are likely to be witnesses to such activity.
G.Â
The fact that an applicant for an adult oriented business license
has been convicted of an adult related crime leads to the rational
assumption that the applicant is likely to engage in that conduct
in contravention of this Part.
H.Â
The barring of such individuals from the management of adult oriented
businesses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
I.Â
The general welfare, health and safety of the citizens of the Township
will be promoted by the enactment of this Part.
J.Â
Limitation of operating hours of adult oriented businesses to 10:00
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 further promotes the public health, safety and welfare.
K.Â
The reasonable regulation and supervision of such adult oriented
businesses tend to discourage sexual acts and prostitution and thereby
promote the health, safety and welfare of the patrons, clients and
customers of these businesses.
L.Â
The continued unregulated operation of such adult oriented businesses
is and would be detrimental to the general health, safety and welfare
of the citizens of the Township.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
As used in this Part the following words and phrases shall have
the meanings indicated unless the context clearly indicates a different
meaning.
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, any
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 "specific sexual
activities" or "specified anatomical areas."
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more 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, or other visual representations,
which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
Instruments, devices, or paraphernalia which are designed for
use in connection with "specified sexual activities."
A nightclub, bar, restaurant, or other commercial establishment
which regularly features:
Persons who appear in a state of nudity or semi-nudity.
Live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
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 areas."
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions or visual presentations of any kind are regularly shown
which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion picture theater, adult theater,
escort agency, nude model studio, sexual encounter center, tattoo
parlor or body piercing establishment.
A theater, concert hall, dance hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or semi-nudity or live performances which are
characterized by the exposure of "specified anatomical areas" or by
"specified sexual activities."
A commercial establishment which, as one of its principal
business purposes, offers body piercing services. "Body piercing services"
shall refer to the process of breaching the skin or mucus membrane
of a human for the purpose of inserting an object therein or there
through including, but not limited to, jewelry for cosmetic purposes.
This definition shall not apply to ear piercing.
A person who performs any service on the premises of an adult
oriented 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.
Includes any of the following:
The opening or commencement of any adult oriented business as
a new business.
The conversion of an existing business, whether or not an Adult
oriented business, to any adult oriented business.
The addition of any adult oriented business to any other existing
Adult oriented business or to a non-adult oriented business.
The relocation of any adult oriented 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 oriented
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 oriented business.
Any place where a person who appears seminude, in a state
of nudity, or who displays "specified anatomical areas" is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. Nude model studio shall not include a proprietary school
licensed by the State of Pennsylvania or a college, junior college
or university supported entirely or in part by public taxation; a
private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or in a structure:
That no sign visible from the exterior of the structure and
no other advertising that indicates a nude or semi-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 or semi-nude model is on the premises
at any one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernible turgid state.
The state of dress in which clothing partially or non-opaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
Same as "adult oriented business."
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 offenses similar 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 of release from confinement imposed 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 imposed for the
last conviction, whichever is the later date, if the convictions are
of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
Any of the following:
A commercial establishment which, as one of its principal
business purposes, offers tattooing services. "Tattooing services"
shall refer to the method of placing designs, letters, scrolls, figures,
symbols, graphics or any other marks upon or under the skin of a human
with ink or any other substance, resulting in the coloration of the
skin by the aid of needles or any other instrument designed to touch
or puncture the skin. This definition shall not apply to medical doctors
or doctors of veterinary medicine in performance of their professional
duties.
Of an adult oriented business means and includes any of the
following:
The sale, lease, or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means.
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfers by bequest or other operation of law upon the death of the
person possessing the ownership of control.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing:
Films, movies, videos, or visual reproductions of any kind depicting
or describing "specified sexual activities" or "specified anatomical
areas."
Persons who appear in a state of nudity or semi-nudity or who
offer performances or presentations characterized by the exposure
of "specified anatomical areas" or by "specified sexual activities."
[Ord. 464, 7/9/1997; as amended Ord. 475, 12/16/1997; and
by Ord. 656, 4/9/2015]
1.Â
It is unlawful:
A.Â
For any person to operate an adult oriented business without a valid
adult oriented business license issued by the Township pursuant to
this Part.
B.Â
For any person who operates an adult oriented business to employ
a person to work for the adult oriented business who is not licensed
as an adult oriented business employee by the Township pursuant to
this Part.
C.Â
For any person to obtain employment with an adult oriented business
without having secured an adult oriented business employee license
pursuant to this Part.
D.Â
Beginning on the sixtieth day after enactment of this Part for any
person to continue to operate any adult oriented business in operation
at the time of enactment of this Part without a valid adult oriented
business license pursuant to this Part.
E.Â
Beginning on the sixtieth day after enactment of this Part for any
person who operates an adult oriented business in operation at the
time of enactment of this Part to employ a person to work for the
adult oriented business who is not licensed as an adult oriented business
employee by the Township pursuant to this Part.
F.Â
Beginning on the sixtieth day after enactment of this Part for any
person to obtain employment with an adult oriented business in operation
at the time of enactment of this Part without having secured an adult
oriented business employee license pursuant to this Part.
2.Â
An application for a license must be made on a form provided by the
Township.
3.Â
All applicants must be qualified according to the provisions of this
Part. The application may request and the applicant shall provide
such information (including fingerprints) as to enable the Township
to determine whether the applicant meets the qualifications established
in this Part.
4.Â
If a person who wishes to operate an adult oriented business is an
individual, the person must sign the application for a license as
an applicant. If a person who wishes to operate an adult oriented
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 an applicant. Each applicant must be qualified under
the following section and each applicant shall be considered a licensee
if a license is granted.
5.Â
The completed application for an adult oriented business license
shall contain the following information and shall be accompanied by
the following documents:
A.Â
If the applicant is:
(1)Â
An individual, the individual shall state his/her legal name
and any aliases and submit proof that he/she is at least 18 years
of age.
(3)Â
A corporation, the corporation shall state its complete name,
the date of its incorporation, evidence that the corporation is in
good standing under the laws of its state of incorporation and qualified
and authorized to conduct business in Pennsylvania, the names and
capacity of all officers, directors and principal stockholders, and
the name of the registered corporate agent and the address of the
registered office for service of process.
C.Â
Whether the applicant, or a person residing with the applicant, has
been convicted of a specified criminal activity as defined in this
Part and, if so, the specified criminal activity involved and the
date, place and jurisdiction of each.
D.Â
Whether the applicant, or a person residing with the applicant, has
had a previous license under this Part or other similar adult oriented
business ordinance from another municipality, state or county denied,
suspended or revoked, including the name and location of the adult
oriented business for which the license was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the applicant or a person residing with the applicant has been a partner
in a partnership or an officer, director or principal stockholder
of a corporation that is licensed under this Part whose license has
previously been denied, suspended or revoked, including the name and
location of the adult oriented business for which the license was
denied, suspended or revoked as well as the date of denial, suspension
or revocation.
E.Â
Whether the applicant, or a person residing with the applicant, holds
any other licenses under this Part or other similar adult oriented
business ordinance from another municipality, state or county and,
if so, the names and locations of such other licensed businesses.
F.Â
The specific classification of adult oriented use for which the applicant
is filing along with a detailed description of each and every activity
encompassed by the proposed adult oriented business, which description
shall thoroughly demonstrate compliance and/or intended compliance
with all provisions of this Part.
G.Â
The location of the proposed adult oriented business, including a
legal description of the property, street address, and telephone number(s),
if any.
H.Â
The applicant's mailing address and residential address.
I.Â
A recent (within six months) photograph of the applicant(s).
J.Â
The applicant's driver's license number, Social Security
number, and his/her state or federally issued tax identification number.
K.Â
A sketch or diagram showing the configuration of the premises, including
a statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared, but it must be drawn
to a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six inches.
L.Â
A current certificate and straight-line drawing prepared within 30
days prior to application by a registered land surveyor depicting
the property lines, the survey to be certified.
M.Â
If an applicant wishes to operate an adult oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 13-712 of this Part and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
N.Â
The application form shall inform the applicant that:
O.Â
The applicant shall submit a scale drawing of any sign proposed to be placed upon the licensed premises, which drawing will include a rendering of any letters, words, figures, designs, pictures or other visible communicative element on any such sign. In addition to all other Township sign regulations contained in the Zoning Ordinance [Chapter 27], the following regulations shall apply:
(1)Â
All signs shall be flat wall signs.
(2)Â
No merchandise or pictures of the products or entertainment
available on the premises shall be displayed in window areas or in
any area where they can be viewed from the public right-of-way abutting
the premises.
(3)Â
No signs shall be placed in any window or upon any door, except
that a one square-foot sign may be placed on the door to state hours
of operation and admittance to adults only.
(4)Â
These signage regulations shall be applicable only to premises
which commence adult oriented business operations after July 9, 1997;
however, signs at premises in use as adult oriented businesses prior
to July 9, 1997, may not be increased in size.
P.Â
Applications shall be accompanied by written authorization of the
property owner.
6.Â
Before any applicant may be issued an adult oriented business employee
license, the applicant shall submit on a form to be provided by the
Township the following information:
A.Â
The applicant's name and any other names (including "stage"
names) or aliases used by the individual.
B.Â
Age, date and place of birth.
C.Â
Height, weight, hair and eye color.
D.Â
Present residence address and telephone number.
E.Â
Present business address and telephone number.
F.Â
Date, issuing state and number of driver's license or other
identification card information.
G.Â
Social Security number.
H.Â
Proof that the individual is at least 18 years of age.
7.Â
Attached to the application form for an adult oriented business employee
license as provided above shall be the following:
A.Â
A recent color photograph (within six months) of the applicant clearly
showing the applicant's face, and the applicant's fingerprints
on a form provided by any police department. Any fees for the photographs
and fingerprints shall be paid by the applicant.
B.Â
A statement detailing the business 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 of the business, the name of the issuing or denying jurisdiction,
and describe in full the reason for the denial, revocation, or suspension.
A copy of any order of denial, revocation, or suspension shall be
attached to the application.
C.Â
A statement whether the applicant has been convicted of a specified
criminal activity as defined in this Part and, if so, the specified
criminal activity involved and the date, place and jurisdiction of
each.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
1.Â
Upon the filing of said application in a fully completed form for
an adult oriented business license or for an adult oriented business
employee license, the application shall then be referred to the Township
Police Chief for review and investigation. The Township Police Chief
shall utilize any available resources through the Police Department,
Pennsylvania State Police, the Commonwealth of Pennsylvania and/or
other law enforcement agencies as may be necessary to complete the
review and investigation required by this Part. Within 30 days from
the date the completed application is filed, the Township Police Chief
shall issue a license unless it is determined by the Township Police
Chief that one or more of the following findings is true:
A.Â
The applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
B.Â
The applicant is under the age of 18 years.
C.Â
The applicant has been convicted of a "specified criminal activity"
as defined in this Part.
D.Â
The adult oriented business employee license is to be used for employment
in a business prohibited by local or state law, statute, rule or regulations,
or prohibited by a particular provision of this Part.
E.Â
The applicant has had an adult oriented business employee license revoked by the Township within two years of the date of the current application. If the adult oriented 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 § 13-710.
F.Â
The required application, investigation and license fees have not
been paid.
G.Â
An applicant's license to operate an adult oriented business,
issued by any jurisdiction, has been revoked within the preceding
12 months.
H.Â
The proposed adult oriented business is in violation of or is not
in compliance with any of the provisions of this Part.
2.Â
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Township Police Chief that the applicant has not been convicted of any specified criminal activity as defined in this Part or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 13-706 of this Part.
3.Â
The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the expiration date, the
address of the adult oriented business and the specific classification
of adult oriented use for which the license is issued. Licenses for
adult oriented businesses shall state that the adult oriented 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 oriented
business so that they may be easily read at any time.
4.Â
Applications for building and occupancy permits shall be processed
and either denied or approved within 30 days of a complete application
to the Township.
5.Â
An adult oriented business license shall issue for the specific classification
of adult oriented use as permitted by ordinance and applied for.
7.Â
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Board of Supervisors. The Board of Supervisors shall then 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 Board of Supervisors may be taken to court subject to § 13-710, Subsection 5, of this Part.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
1.Â
Every application for an adult oriented business, license (whether
for a new license or for renewal of an existing license) shall be
accompanied by a nonrefundable application and investigation fee in
an amount set by resolution of the Board of Supervisors.
2.Â
In addition to the application and investigation fee required above,
every adult oriented business that is granted a license (new or renewal)
shall pay to the Township an annual non-refundable license fee in
an amount set by resolution of the Board of Supervisors within 30
days of the license issuance or renewal.
3.Â
Every application for an adult oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual non-refundable application, investigation
and license fee in an amount set by resolution of the Board of Supervisors.
4.Â
All license applications and fees shall be submitted to the office
of the Township Manager, and, thereafter, the applications shall be
forwarded to the Township Police Chief for review and investigation
and approval or denial.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
1.Â
An applicant or licensee shall permit authorized Township officials
and their agents or consultants to inspect the premises of an adult
oriented business for the purpose of insuring compliance with this
Part and all other applicable law at any time it is occupied or open
for business.
2.Â
A person who operates an adult oriented business, including his agent
or employee, commits a violation of this Part if he refuses to permit
such lawful inspection of the premises at any time it is occupied
or open for business.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
1.Â
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 13-704. Application for renewal shall be made at least 30 days before the expiration date. When application for renewal is made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
2.Â
When the Township denies renewal of a license, the applicant shall
not be issued a license for one year from the date of denial. If,
subsequent to denial, the Township finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date denial became final.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
The Township Police Chief 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. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
1.Â
The Township Police Chief shall revoke a license if a cause of suspension in § 13-209 of this Part occurs and the license has been suspended within the preceding 12 months.
2.Â
The Township Police Chief shall revoke a license if he determines
that:
A.Â
A licensee gave false or misleading information in the material submitted
during the application process.
B.Â
A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises.
C.Â
A licensee has knowingly allowed prostitution on the premises.
D.Â
A licensee knowingly operated the adult oriented business during
a period of time when the licensee's license was suspended.
E.Â
A licensee has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sex act to occur in or on
the license premises.
F.Â
A licensee is delinquent in payment to the Township for any licensing
fees past due.
3.Â
When the Township revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued an adult oriented
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 applicant
may be granted a license if at least 90 days have elapsed since the
date the revocation became effective.
4.Â
All license application, renewal, suspension or revocation decisions
shall be sent in writing to the applicant or licensee. All such decisions
which deny, suspend or revoke a permit shall state specifically the
ordinance requirement not met and any other basis for the decision.
After denial of an application, or denial of a renewal of an application,
or after suspension or revocation of any license, the applicant or
licensee may appeal pursuant to the Local Agency Law, 2 Pa.C.S.A.
§ 105, as amended, to the Board of Supervisors. The Board
of Supervisors will then hold a Local Agency Law hearing within 20
days from the date the appeal is filed and will render a written decision
within 10 days from the date such hearing concludes. Any such appeal
must be filed, in writing, with the Township Manager within 10 days
from the date of mailing of the decision appealed from. Failure to
file said appeal with the Township Manager within 10 days from the
date of the mailing of the decision appealed from shall be deemed
a conclusive determination as to the issues or matters addressed by
the written decision. 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:
5.Â
Any person aggrieved by a decision of the Board of Supervisors 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 certify any record to the court within 20 days
of any request by the court to do so.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
A licensee shall not transfer his/her license to another, nor
shall a licensee operate an adult oriented business under the authority
of a license at any place other than the address designated in the
application.
[Ord. 464, 7/9/1997; as amended by Ord. 475, 12/16/1997;
and by Ord. 656, 4/9/2015]
1.Â
A person who operates viewing booths or causes them to be operated
shall comply with the following requirements:
A.Â
Upon application for an adult oriented 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.Â
The application shall be sworn to be true and correct by the applicant.
C.Â
It is the duty of the licensee of the premises to ensure that at
least one licensed employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
D.Â
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the manager's station
of every area of the premises to which any patron is permitted access
for any purpose excluding rest rooms. Restrooms may not contain video
reproduction or other display 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
or may be provided by way of continuously operating live closed circuit
television monitoring equipment which provides, at the manager's
station, a live, unobstructed televised view of every area to which
any patron is permitted access for any purpose, excluding restrooms.
The view required in this subsection must be by direct line of sight
from the manager's station or may be provided by way of continuously
operating live closed circuit television monitoring equipment which
provides, at the manager's station, a live, unobstructed televised
view of every area to which any patron is permitted access for any
purpose, excluding restrooms. In addition, all viewing booths shall
have at least one side fully open so that all of the area inside the
booth is open to the view of persons in the public area of the establishment.
E.Â
It shall be the duty of the licensee to ensure that the view area specified in Subsection 1D above 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 above.
F.Â
No viewing booth may be occupied by more than one person at a time.
G.Â
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five-foot candle
as measured at the floor level.
H.Â
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
I.Â
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
J.Â
No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
K.Â
The licensee shall, during each business day, regularly inspect the
walls between the viewing booths to determine if any openings or holes
exist.
L.Â
The licensee shall cause all floor coverings in viewing booths to
be nonporous, easily cleanable surfaces, with no rugs or carpeting.
M.Â
The licensee shall cause all wall surfaces and ceiling surfaces in
viewing booths to be constructed of, or permanently covered by, nonporous,
easily cleanable material. No wood, plywood, composition board or
other porous material shall be used within 48 inches of the floor.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
1.Â
A nude model studio shall not employ any person under the age of
18 years.
2.Â
A person under the age of 18 years commits a violation of this Part
if the person appears semi-nude or 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.Â
A person commits a violation of this Part if the person appears in
a state of nudity, or knowingly allows another to appear in a state
of nudity, in an area of a nude model studio premises which can be
viewed from any public right-of-way.
4.Â
A nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
1.Â
It shall be a violation of this Part for a person to knowingly and
intentionally in a public place:
2.Â
For purposes of this Part, "public place" includes all outdoor 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.Â
Any child under 10 years of age.
B.Â
Any individual exposing a breast in the process of breast feeding
an infant under two years of age.
C.Â
The exercise of free speech or free expression in the form of artistic
and theatrical performances. It is the intention of the Township that
this section be construed, enforced and interpreted in such a manner
as will cause the least possible infringement of the constitutional
rights of free speech, free expression, due process, equal protection
or other fundamental rights.
3.Â
It shall be a violation of this Part 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.Â
It shall be a violation of this Part 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
gratuity to any employee while said employee is semi-nude in an adult
oriented business.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
A person who operates a tattoo parlor and/or body piercing establishment
or causes them to be operated shall comply with the following requirements:
A.Â
The room in which tattooing services and/or body piercing services
are performed shall have a minimum floor area of 100 square feet.
B.Â
The rooms in which tattooing services and/or body piercing services
are performed shall comply with the following requirements:
(1)Â
The walls, floors and ceilings shall have an impervious, smooth,
washable surface and shall be painted or finished in a light color.
Carpeting is prohibited in such a room.
(2)Â
Single-use towels shall be provided in approved dispensers.
(3)Â
Easily cleanable and approved covered waste containers shall
be provided in each room.
(5)Â
Partitioned from waiting customers and/or observers by a permanent
non-transparent partition at least five feet in height.
C.Â
Any operator or employee performing the tattooing services and/or
body piercing services shall:
(1)Â
Scrub his/her hands thoroughly with soap and hot water before
commencing any tattooing or body piercing service, and dry the hands
with individual, single-use towels.
(2)Â
Wear sterile surgical gloves while performing any tattooing
or body piercing service. These gloves shall only be used once on
a single customer/client and then disposed of in a manner prescribed
by the Allegheny County Health Department.
D.Â
While tattooing, a single-service blade razor shall only be used
once on a single customer/client and then disposed of in container
and manner prescribed by the Allegheny County Health Department.
E.Â
The area to be tattooed or body pierced shall first be thoroughly
scrubbed with an antiseptic soap for a minimum of two minutes, and
an approved sterilizing preparation used.
F.Â
Any and all waste materials shall be deposited in an easily cleanable,
covered waste container, and all waste materials shall be disposed
of in a manner prescribed by the Allegheny County Health Department.
G.Â
An antibiotic ointment that the customer/client is not allergic to
shall be applied to the area to be tattooed and/or body pierced using
sterile gauze.
H.Â
The use of styptic pencils, alum blocks and/or other solid styptics
to check or stem the flow of blood is prohibited.
I.Â
The operator shall provide literature on Hepatitis B and C, HIV,
and other health hazards to all customers and clients. This literature
shall be approved by the Allegheny County Health Department. Prior
to performing tattooing and/or body piercing services on a customer
or client, the operator shall obtain a written acknowledgment, signed
by each such customer or client, which acknowledges that the customer
and client has received and read the literature referenced above.
The operator shall retain each written acknowledgment as proof of
compliance with this subsection.
J.Â
Single-service or individual containers of dye, ink or needles shall
be used for each separate customer or client, and shall be discarded
immediately after completing work on such customer or client by being
placed and disposed of in a container and manner prescribed by the
Allegheny County Health Department. Excess dye or ink shall be removed
from the skin with an individual, sterile sponge or a disposable paper
tissue, which shall be used on one person and then immediately discarded
in a container and manner prescribed by the Allegheny County Health
Department. After completing work on a customer or client, the tattooed
or body pierced area shall be washed with sterile gauze that is saturated
with an antiseptic solution approved by the Allegheny County Health
Department.
K.Â
No tattoo parlor may attempt to remove a tattoo from any person or
allow such a procedure to take place on its premises.
L.Â
No operator or employee shall tattoo or body pierce a person under
the age of 18 years, or permit such tattooing or body piercing to
occur, without: (1) obtaining a written parental authorization; and
(2) a parent or guardian of such person being present at the time
of the tattooing or piercing of the person. All parental authorizations
shall be maintained on file at the establishment and be available
for inspection for a period of seven years after the customer or client
has reached the age of 18 years. A copy of the written parental authorization
shall be provided to the parent or guardian of the minor by the operator.
Proof of age shall be required of all customers and clients.
M.Â
Animals shall not be permitted in the establishment, except as specifically
permitted by state law.
N.Â
All clean and ready-to-use needles and instruments shall be kept
in a locked, closed glass or metal case or storage cabinet while not
in use. The key to such case or cabinet shall be secured by the operator
at all times.
O.Â
No person, customer or client having any skin infection or other
disease of the skin or any communicable disease shall be tattooed
or body pierced. All infections resulting from the tattooing and/or
body piercing services known to the operator and/or an employee shall
be immediately reported to the Allegheny County Health Department
by the operator.
P.Â
A fully operational restroom with a toilet shall be located in the
establishment and shall be accessible at all times that the tattoo
parlor and/or body piercing establishment is open for business. The
restroom shall also be supplied with hot and cold running water, soap
and single-use towels provided in approved dispensers. The walls,
floors and ceilings of the restroom shall have an impervious, smooth,
washable surface. Carpeting is prohibited in the restroom.
Q.Â
The entire establishment shall be maintained in a clean and sanitary
condition and in good repair.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
A person commits a violation of this Part if the person knowingly
allows a person under the age of 18 years to be on the premises of
an adult oriented business.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
No adult oriented business shall be open for business before
10:00 a.m., Monday through Saturday, or after 10:00 p.m., Monday through
Saturday. Adult oriented businesses shall be closed at all times on
Sundays and legal state or federal holidays.
[Ord. 464, 7/9/1997; as amended by Ord. 475, 12/16/1997;
and by Ord. 656, 4/9/2015]
1.Â
It is a defense to prosecution under § 13-715 of this Part that a person appearing in a state of nudity did so in a modeling class operated:
A.Â
By a proprietary school licensed by the Commonwealth of Pennsylvania
or a college, junior college, or university supported entirely or
partly by taxation.
B.Â
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation.
C.Â
In a structure:
(1)Â
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available
for viewing.
(2)Â
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class.
(3)Â
Where no more than one nude model is on the premises at any
one time.
2.Â
Grandfather Licensees.
A.Â
A duly licensed adult oriented business which was legally in operation
at a location in Moon Township for at least one full year prior to
December 16, 1997, and which operated on a twenty-four-hour per day
basis shall be permitted to be open for business at the same location,
after December 16, 1997, from 11:00 a.m. to 2:00 a.m., Monday through
Saturday, and from 2:00 p.m. to 10:00 p.m. on Sundays and shall be
permitted to operate on legal holidays to the same extent that such
business has operated on legal holidays in the past.
B.Â
An adult oriented business seeking extended hours available under this Subsection 2 shall state, in its license application, the location at which it operated on a twenty-four-hour per day basis for at least two full years prior to July 9, 1997, and shall further state its intended hours of operation while licensed.
[Ord. 464, 7/9/1997; as amended by Ord. 656, 4/9/2015]
Any person, firm, or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $300 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist and for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the authorized designee of the Township Manager, and to
any other officer or agent that the Township Manager or the Board
of Supervisors shall deem appropriate.
