Borough of Forty Fort, PA ADULT-RELATED ACTIVITIES ORDINANCE

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[Ord. 2000-4, 9/5/2000; as amended by Ord. 2009-8, 12/7/2009]

The Borough Council hereby declares the purpose of this Part is to regulate the operation of BYOB clubs and adult-related activities in order to preserve the residential character of neighborhoods and to protect the rights of its citizens to the quiet enjoyment of the same. It is the express purpose of this Part to strike a balance between the constitutional rights of the owners and patrons and the constitutional rights of the residents of the Borough of Forty Fort.

The following words or phrases, when used in this Part, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:

ADULT BOOKSTORE

An establishment having, as a major portion of its stock-in-trade, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual areas or anatomical areas, or an establishment with a segment or segment or section devoted to the sale or display of such material.

ADULT ENTERTAINMENT CLUB

A cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers. (Note: This is an exception to the sexual activities/anatomical area rules.)

ADULT MOTION-PICTURE THEATER

An enclosed building, with a capacity of 50 or more persons, or an outdoor drive-in movie theater, used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to sexual activities or anatomical areas, for observation by patrons therein.

ALCOHOLIC BEVERAGES

Any and all beverages, including malt beverages, which contain alcohol, liquor or such other intoxicating substances as are further defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq.

BYOB CLUB — (otherwise known as BRING YOUR OWN BOTTLE CLUB)

Any business facility such as a dance hall, club, association or entity not licensed by the Pennsylvania Liquor Control Board, wherein patrons 21 years of age and older may, after payment of a fee, cover charge or membership fee, consume alcoholic beverages which said patrons have carried onto the premises. The definition does not include a facility which is rented for a limited period of time, not to exceed 12 hours, by an individual or an organization for the purpose of a private party in which alcoholic beverages are carried onto the premises.

CONDUCT ANY ADULT BUSINESS

Any person who does any one or more of the following shall be deemed to be conducting an adult business:

	(1)	Operates a cash register, cash drawer or other depository on the adult business premises where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept.
	(2)	Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the adult business premises.
	(3)	Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the adult business premises.
	(4)	Acts as a door attendant to regulate the entry of customers or other persons into the adult business premises.
	(5)	Supervises or manages other persons in the performance of any of the foregoing activities on the adult business premises.

ENTERTAINMENT

Any act or performance, such as a play, skit, reading, revue, pantomime, scene, song, dance, musical rendition or striptease, whether performed by employees, agents, contractors or customers. The term "entertainment" shall also mean bartenders, waiters, waitresses or other employees exposing "specified anatomical areas" or engaging in "specified sexual activities" in the presence of customers.

OPERATOR

The manager or other natural person principally in charge of an adult business regulated in this section.

RESIDENTIAL ZONE

Those classes or residential zones specified in the Forty Fort Borough Zoning Ordinance [Chapter 27].

SPECIFIED ANATOMICAL AREAS

	(1)	Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
	(2)	Human male genitals in a discernibly turgid state, whether or not covered.

SPECIFIED SEXUAL ACTIVITIES

	(1)	Human genitals in a state of sexual stimulation or arousal.
	(2)	Acts of human masturbation, sexual intercourse or sodomy.
	(3)	Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Special Uses; BYOB Clubs or Adult Business. The following uses shall only be permitted as special exception uses in a C-1 Zoning District, and the requirement for a special exception use in said Districts shall be in addition to all other requirements of this Part and all amendments thereto, and shall be in addition to all other requirements of all other applicable ordinances.

Book sales and magazine sales, where either the advertising or the displays or signs in or out of the location offer written materials showing specified sexual activities or specified anatomical areas. This does not apply to the availability for sale of any material displayed in such a way that only the name of the book or magazine appears.

Movie theaters or outdoor drive-in movie theaters offering movies or other displays showing specified sexual activities or specified anatomical areas.

Any type of theater or establishment offering any kind of show emphasizing specified sexual activities or specified anatomical areas.

Any coin-operated devices and any place offering coin-operated devices which show specified sexual activities or specified anatomical areas.

Any cabaret, club or tavern offering any entertainment showing specified sexual activities or specified anatomical areas.

Any BYOB club or entity.

Prohibited Acts; Construal of Provisions.

It shall be unlawful for any person or persons who own, operate, lease, manage or control a BYOB club or conduct any adult business to:

(1)

Transact business without possessing a valid club permit.

(2)

Own, operate or conduct business that is located within 1,000 feet of the following:

(a)

A church.

(b)

A public or private elementary or secondary school.

(c)

A nursery school, kindergarten, child-care center, day nursery or day-care center.

(d)

A university, college, vocational or business school.

(e)

A boundary of any residential district.

(f)

A public park adjacent to a residential district.

(g)

The property line of a lot devoted to any residential use.

For the purpose of this section, owner or owners shall mean the proprietor if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors and person holding 10% of the outstanding shares if a corporation.

For the purposes of this section, measurements shall be made in a straight line, from the nearest portion of the building structure used as a part of the premises of a regulated use to the nearest property line of any uses listed in Subsection 4A(2) of this section.

The regulations in this Part of BYOB clubs, adult bookstores, adult motion-picture theaters and nude live entertainment clubs are intended to be land use controls meant to regulate the harmful secondary effects of such uses only, and shall not be construed as being intended to limit access by adults to sexually oriented material, activity or expression protected by the First Amendment of the United States Constitution.

Signage. The owner or operator of an adult entertainment use may erect, construct and maintain signs allowed by and conforming with the Forty Fort Borough Zoning Ordinance [Chapter 27]. No signs shall contain photographs, silhouettes, drawings or pictorial representations of any manner, and may contain only the name of the regulated establishment.

In the event that any of the unlawful activities specified herein is conducted by or in the name of a corporation, partnership, joint venture, trust, firm or association, such corporation, partnership, joint venture, trust, firm or association shall be deemed in violation of this Part, as well as the person or persons engaged in the unlawful activity.

The unlawful activities specified herein shall constitute separate and distinct offenses for each and every day in which said activities are conducted.

Permit Application; Issuance; Fee.

Any person or persons desiring to operate or continue to operate a BYOB club or adult business shall file with the Code Enforcement Officer of the Borough of Forty Fort an application for a BYOB club or adult business permit, which application shall include the following information: the name and address of the BYOB club or adult business; a statement whether the business premises is leased or owned by the BYOB club or adult business; the name and address of the lessor of the business premises, if applicable; the nature of the ownership of the BYOB club or adult business, i.e., corporate, partnership, joint venture, association; the names and addresses of the officers and/or agents of the BYOB club or adult business; the names and addresses of any and all persons who possess an ownership and/or financial interest in the BYOB club or adult business; and a notarized affidavit that the applicant has obtained all applicable licenses and paid all applicable taxes and fees for operating such a club or adult business.

Said application for special exception shall be presented to the Zoning Hearing Board for approval as provided by the Forty Fort Zoning Ordinance [Chapter 27].

The club shall pay an administrative fee, in an amount as established from time to time by resolution of Borough Council, for the permit which shall be effective for a period of one year following the date of issuance. The Borough of Forty Fort reserves the right to revoke the permit upon failure of the club or business to fully and completely comply with the provisions of this and other applicable ordinances in the Borough of Forty Fort.

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to 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. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. Enforcement shall further be in accordance with § 617.2 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10617.2, as amended, and all civil judgments collected for the violation of this Part shall be paid over to the Borough of Forty Fort.