[Ord. 10/12/1998A, § 1]
An establishment that has as a substantial portion of its
stock-in-trade and offers for sale, for any form of consideration,
any one or more of the following: (A) books, magazines, periodicals
or other oriented matter, or photographs or films, motion pictures,
video cassettes, slides or other visual representations that are characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas; or (B) instruments, devices
or paraphernalia that are designed for use in connection with specified
sexual activities.
An individual, firm, partnership, joint venture, association,
social club, fraternal organization, joint stock company, corporation,
estate, trust, business trust, receiver, trustee, syndicate or any
other group or combination acting as a unit, excepting the United
States of America, the Commonwealth of Pennsylvania and any political
subdivision thereof.
Any of the following: (A) less than completely and opaquely
covered human genitals, pubic region, buttocks, anus or female breasts
below a point immediately above the top of the areolae; or (B) human
male genitals in a discernibly turgid state, even if completely and
opaquely covered.
Any of the following: (A) the fondling or other erotic touching
of human genitals, pubic region, buttocks, anus or female breasts;
(B) sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, sodomy; (C) masturbation, actual or
simulated; or (D) excretory functions as part of or in connection
with any of the activities set forth as an "adult bookstore."
[Ord. 10/12/1998A, § 2]
It shall be unlawful for any person, as defined above, to engage
in, conduct, carry on or to permit to be engaged in, conducted or
carried on, the operation of an adult bookstore, as herein defined,
without a license issued pursuant to the provisions of this Part for
each and every such business. The license required hereby shall be
in addition to any business tax required by the laws of the Borough
of Wyoming and/or the Commonwealth of Pennsylvania.
[Ord. 10/12/1998A, § 3; as amended by A.O.]
1.
Any person, as defined above, desiring to obtain a license to operate
an adult bookstore shall make a written application to the Chief of
Police or his designated representative. A nonrefundable fee in an
amount as established, from time to time, by resolution of the Borough
Council shall accompany the submission of each application to defray,
in part, the cost of investigation, inspection and enforcement of
this Part. An annual nonrefundable renewal fee in an amount as established,
from time to time, by resolution of the Borough Council shall be charged
to defray associated costs of investigation and enforcement of this
Part.
[A.O.]
2.
Each applicant for a license to operate an adult bookstore shall
furnish the following information to the Chief of Police:
A.
The full true name and any other names used by the applicant.
B.
The present address and telephone number of the applicant.
C.
The proposed address and name or names of the adult bookstore.
D.
Each residence and business address of the applicant for the three
years immediately preceding the date of the application and the inclusive
dates of each such address.
E.
Written proof that the applicant is at least 18 years of age.
F.
Applicant's height, weight, color of eyes and hair.
G.
Two photographs of the applicant of a size specified by the Chief
of Police taken within 30 days immediately preceding the date of application.
One photograph shall be retained by the Chief of Police and one photograph
shall be affixed to the license.
H.
Applicant's business, occupation and employment history for
the three years immediately preceding the date of application.
I.
The business or permit history of the applicant including whether
such applicant has ever had any license or permit issued by any agency
or board, city, county or state revoked or suspended, or has had any
professional or vocational license or permit revoked or suspended,
and the reason therefor.
J.
All criminal convictions, except minor traffic offenses, and a statement
of the dates and places of such conviction.
K.
If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its Articles of Incorporation or
charter, together with the state and date of incorporation and names
and residence addresses of each of its current officers and directors,
and of each stockholder holding more than 5% of the stock of the corporation.
If the applicant is a partnership, the application shall set forth
the name and residence addresses of each of the partners, including
limited partners. If the applicant is a limited partnership, it shall
furnish a copy of its certificate of limited partnership as filed
with the County Clerk. If one or more of the partners is a corporation,
the provisions of this section pertaining to corporate applicants
shall apply. The applicant corporation or partnership shall designate
one of its officers or general partners to act as its responsible
managing officer. Such person shall complete and sign all application
forms required of an individual under this division, but only one
application fee shall be charged.
L.
The name and address of the owner and lessor of the real property
upon or in which the business is to be conducted, and a copy of the
lease or rental agreement.
M.
Such other identification and information as may be required in order
to discover the truth of the matters herein specified as required
to be set forth in the application.
N.
The Chief of Police may require the applicant to furnish fingerprints
when needed for the purpose of establishing identification.
3.
The Chief of Police shall have a reasonable time, not to exceed 60
days, in which to investigate the application and the background of
the applicant.
4.
A license shall be issued within 60 days of receipt of the application
or renewed to any applicant who has furnished all of the information
required by this section in the application for such license, unless:
A.
The applicant has knowingly made a false or misleading statement
of a material fact or omission of a material fact in the application
for the license.
B.
The applicant has been convicted of and/or pleads guilty or nolo
contendere to any of the following offenses under the Pennsylvania
Crimes Code: any felony; any offense related to prostitution; any
offense involving the presentation, exhibition and/or performance
of any obscene production; any offense involving the maintenance of
a nuisance in connection with the same or similar business; the sale,
transfer or use of a controlled substance; disorderly conduct; any
offense which requires registration as a sex offender with the Chief
of Police under Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101
et seq.; any offense in another state which if committed in this state
would have been punishable as one or more of the heretofore mentioned
offenses; any offense involving the use of force or violence upon
the person of another; any offense involving theft, embezzlement or
moral turpitude; or any violation of a statute, ordinance or regulation
pertaining to the same or similar business operation; or any other
criminal offense.
C.
The operation of the business as proposed, if permitted, would not
comply with all applicable building, fire, health and zoning laws.
D.
The applicant has had a massage technician, massage establishment,
off-premises massage establishment, nude entertainment, escort service,
rap parlor, nude photo studio or similar type of license or permit
suspended for one year or more, or revoked for good cause within three
years immediately preceding the date of the filing of the application,
unless the applicant can show a material change in circumstances or
mitigating circumstances exist since the revocation or suspension.
E.
The applicant is under 18 years of age.
[Ord. 10/12/1998A, § 4]
All persons operating an adult bookstore at the time this Part
becomes effective shall apply for an adult bookstore license, as described
in this Part, within 30 days of the effective date of this Part.
[Ord. 10/12/1998A, § 5]
1.
An adult bookstore license may be suspended or revoked by the Wyoming
Borough Chief of Police or his designated agent upon the occurrence
of any of the following events or occurrences:
A.
Conviction by the licensee, his employees, agents or independent
contractors for any offense occurring on the licensed premises involving
or related to:
(1)
The production, presentation, exhibition or performance of any
entertainment that is deemed to be obscene.
(2)
Disorderly conduct.
(3)
Maintenance of a nuisance in connection with the same or similar
business.
(4)
Prostitution, solicitation for the purpose of prostitution or
loitering for the purpose of prostitution.
(5)
The sale, transfer, possession or use of any controlled substance.
(6)
The display or exhibition by an employee, agent or independent
contractor in the establishment of less than completely and opaquely
covered human genitals or pubic region, the cleavage of the human
buttocks, or any portion of the human female breast below a horizontal
line across the top of the areola at its highest point, any part of
the entire lower portion of the human female breast, excluding cleavage.
(7)
Any violation of any other section of this Part.
B.
Non-compliance with any health, zoning, fire, building and/or plumbing
codes adopted by the Borough of Wyoming.
C.
The filing of a false application.
D.
A conviction for permitting the on-premises sale or consumption of
alcoholic beverages in any adult bookstore that is not licensed to
sell alcoholic beverages.
E.
Any illegal on premises conduct by patrons that results in a criminal
conviction of such patron.
F.
A violation by any licensee or his agents, servants or employees
for any action or activity occurring in, on or at the premises covered
by the license in violation of any provision of this Part or any other
ordinance of the Borough of Wyoming or of any criminal or penal statute
of the Commonwealth of Pennsylvania against gambling, disorderly conduct
or any other criminal or penal offense; a judgment of conviction in
any court of competent jurisdiction shall be conclusive evidence of
such violation.
G.
The occurrence in, on or at the premises covered by the license of
any condition which is a nuisance or obnoxious to the morals and general
welfare of the public.
[Ord. 10/12/1998A, § 6]
When the Wyoming Borough Chief of Police has reasonable cause
to believe that a license should be revoked or suspended for any of
the causes enumerated herein above, he shall schedule a hearing before
the Wyoming Borough Council and notify the licensee in writing of
the hearing date and time and alleged charges. The notice to the licensee
shall be mailed to the address shown on the license. At the hearing,
the evidence shall be transcribed. Following the hearing, Wyoming
Borough Council shall make a decision which will be reduced to writing
and forwarded to the licensee. Upon a decision by Wyoming Borough
Council to revoke or suspend a license issued under this Part, all
business activity at that location shall cease immediately for the
period of suspension or revocation.
[Ord. 10/12/1998A, § 7]
The Wyoming Borough Chief of Police or his designated agent
shall, from time to time and at least twice a year, make an inspection
of each adult bookstore in the Borough of Wyoming for the purposes
of determining that there is continuing compliance with the provisions
of this Part and the laws of the Commonwealth of Pennsylvania.
[Ord. 10/12/1998A, § 8]
No adult bookstore shall be operated under any name or conducted
under any designation not specified in the license for that business.
[Ord. 10/12/1998A, § 9]
All telephone numbers or listings of the adult bookstore shall
be reported in writing to the Chief of Police within 10 days of the
telephone number becoming operative or inoperative.
[Ord. 10/12/1998A, § 10; as amended by A.O.]
A change of location of an adult bookstore as permitted in this
Part shall be approved by the Chief of Police provided all applicable
provisions of this Part are complied with and a nonrefundable change
of location fee in an amount as established, from time to time, by
resolution of the Borough Council has been paid to the Chief of Police,
and the new location complies with all applicable zoning, health,
fire and safety codes.
[Ord. 10/12/1998A, § 11; as amended by A.O.]
Thirty days after the sale or transfer of any interest in an adult bookstore, any license heretofore issued shall be null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the adult bookstore. A fee in an amount as established, from time to time, by resolution of the Borough Council shall be payable for each such application involving the sale or transfer of any interest in an existing adult bookstore. The provisions of § 13-103 of this Part shall apply to any person, association, partnership or corporation applying for an adult dancing establishment license for premises previously used as such businesses.
[Ord. 10/12/1998A, § 12]
No person who is a patron of an adult bookstore shall place
or cause to be placed in the daily register a false name, or false
city and state of that patron's address.
[Ord. 10/12/1998A, § 13]
The Chief of Police may adopt rules and regulations supplemental
to the provisions of this Part and not in conflict therewith.
[Ord. 10/12/1998A, § 14; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, 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 more than $1,000 plus costs
together with reasonable attorney fees and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
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.
