[Ord. 2002-9, 11/18/2002, § 1]
1.
Purpose.
A.
Pursuant to the authority granted in the Second Class Township Code
to promote and secure the health, cleanliness, comfort, and safety
of the citizens of Stroud Township, to regulate places of public entertainment,
amusement, and recreation, and to prevent and prohibit public nuisances
due to adverse secondary effects, the Township of Stroud (hereinafter
"Township") enacts this Part to minimize and control the adverse secondary
effects of sexually oriented businesses and thereby protect the health,
safety, and welfare of the citizens; protect the citizens' property
values and character of surrounding neighborhoods; and deter the spread
of blight.
B.
The Board of Supervisors has determined that licensing is a legitimate
and reasonable means of accountability to insure that operators of
sexually oriented 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.
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
sexually oriented businesses. It is not the intent of the Board in
enacting this legislation to deny any person rights of speech protected
by the Constitution of the United States or the Constitution of Pennsylvania,
or both, nor is the intent of the Board to impose by this Part any
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 material
may have to sell, distribute, or exhibit these materials.
2.
Legislative Findings. The Board of Supervisors finds:
A.
Law enforcement personnel have determined, and statistics and studies
performed in a substantial number of communities in this commonwealth,
and in the United States, indicate that sexually oriented businesses
have adverse secondary effects, including those specified and recognized
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 sexually oriented materials on public and private property,
sexual activities, crime, decreased property values, and neighborhood
deterioration.
B.
Based on evidence concerning the adverse secondary effects of adult
uses on the community presented in depositions and hearings conducted
by the United States District Court for the Middle District of Pennsylvania,
Case No. 3:CV99-1801 (Judge Munley), and by the United States District
Court for the Western District of Pennsylvania, Case No. 98-1140 (Judge
Lancaster); and on findings incorporated in the cases of City of Renton
v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American
Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc.,
501 U.S. 560 (1991); and on studies in other communities, including,
but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston,
Texas; Indianapolis, Indiana, Amarillo, Texas; Biloxi, Mississippi;
Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and
Beaumont, Texas; and also on findings from the Report of the Attorney
General's Working Group on the Regulation of Sexually Oriented
Businesses, (June 6, 1989), State of Minnesota), the Township finds:
(1)
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make the owners of these establishments responsible for the activities
that occur on their premises.
(2)
Certain employees of sexually oriented businesses defined in
this Part as adult theatres and cabarets engage in higher incidents
of certain types of illicit sexual behavior than employees of other
establishments.
(3)
Sexual acts, including masturbation, and oral and anal sex,
occur at sexually oriented businesses, especially those which provide
private or semiprivate booths or cubicles for viewing films, videos,
or live sex shows. Furthermore, adult bookstores tend to attract homosexual
men who engage in unprotected, high-risk sexual activities.
(4)
Offering and providing such space encourages such activities,
which creates unhealthy conditions.
(5)
Persons frequent certain adult theatres, adult arcades, and
other sexually oriented businesses for the purpose of engaging in
sex within the premises of such sexually oriented businesses.
(6)
At least 50 communicable diseases may be spread by activities
occurring in sexually oriented businesses, including, but not limited
to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS),
genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections,
and shifella infections.
(7)
The Surgeon General of the United States, in his report of October
22, 1986, has advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected
mother to her newborn.
(8)
According to the best scientific evidence, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by
sexual acts.
(9)
Sanitary conditions in some sexually oriented business are unhealthy,
in part, because the activities conducted there are unhealthy, and,
in part, because of the unregulated nature of the activities and the
failure of the owners and operators of the facilities to self-regulate
those activities and maintain those facilities.
(10)
Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view "adult"
oriented films.
(11)
Numerous studies have indicated that sexually oriented businesses
have a substantial negative impact on property values and cause neighborhood
blight.
C.
Sexually oriented businesses have adverse secondary effects in the
nature of public nuisances, which secondary effects should be regulated
to protect the public health, safety and welfare.
D.
Sexually oriented businesses have operational characteristics which
should be reasonably regulated in order to protect these substantial
government concerns.
E.
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the sexually oriented business. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the operators to
see that the sexually 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 sexually oriented business, fully in possession and control of
its premises, and activities occurring therein.
F.
Requiring the removal of doors on adult booths and requiring sufficient
lighting on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters and bookstores.
G.
Requiring licensees of sexually oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incidence of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
H.
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
I.
It is desirable in 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.
J.
The fact that an applicant for a sexually oriented business license
has been convicted of a sexually related crime leads to the rational
assumption that the applicant is likely to engage in that conduct
in contravention of this Part.
K.
The barring of such individuals from the management of sexually oriented
businesses for a period of years serves as a deterrent to and prevents
conduct which leads to the transmission of sexually transmitted diseases.
L.
The general welfare, health, and safety of the citizens of the Township
will be promoted by the enactment of this Part.
M.
The limitation of operating hours of sexually oriented businesses
from 8:00 a.m. to 12:00 midnight, 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.
N.
The reasonable regulation and supervision of sexually oriented businesses
tends to discourage sexual acts and prostitution and thereby promotes
the health, safety, and welfare of patrons, clients, and customers
of these businesses.
O.
The continued unregulated operation of such sexually oriented businesses
would be detrimental to the general health, safety, and welfare of
the citizens of Stroud Township.
[Ord. 2002-9, 11/18/2002, § 2]
As used in this Part, the following words and phrases shall
have the meanings as 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, electronically,
electrically, or mechanically controlled still or motion picture machines,
projectors, video or laser-disc players, or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguishable
or characterized by the depicting or describing of "specified sexual
activities" or "specified anatomical areas."
A commercial establishment which, as one of its principal
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals, or other matter, or photographs,
films, motion pictures, video cassettes, or video reproductions, slides,
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."
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A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing "specified sexual activities" or "specified
anatomical areas" and still be categorized as adult bookstore, adult
novelty, or adult video store. Such other business purposes will not
serve to exempt such commercial establishments from being categorized
as an adult bookstore, adult novelty, or adult video store so long
as one of its business purposes is the offering for sale or rental
for consideration the specified materials which are characterized
by the depiction of "specified sexual activities" or "specified anatomical
areas."
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A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or semi-nudity.
Live performances which are characterized by "specified sexual
activities" or the exposure of "specified anatomical areas."
Films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas."
An exhibition of any adult motion pictures which are distinguished
and 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
a significant or substantial portion of the performance, any actual
or simulated performance of specified sexual activities or exhibition
in viewing of specified anatomical areas, or persons in a state of
nudity or semi-nudity.
Films, motion pictures, video cassettes, slides, or other photographic
reproductions 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 are regularly shown which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
A theatre, tavern, concert hall, banquet hall, party room,
conference center, restaurant, nightclub, club, bar, recreation center,
indoor amusement center, dance hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or semi-nudity, or performances which are characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities."
A person who performs any service on the premises of a sexually
oriented business on a full-time, part time, or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent, lessee, lessee of a dance floor, or space or otherwise, and
whether or not said person is paid a salary, wage, or 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, or who agrees or offers
to privately model lingerie or to perform a strip tease 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 consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business, to a sexually oriented business.
The addition of any sexually oriented business or sexually oriented
use to any other existing sexually oriented business or sexually oriented
use.
The relocation of any sexually oriented business.
Having a 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 to examination by a licensee
or persons.
The age of a 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 a sexually 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 a sexually oriented business.
Any place where a person appears seminude, 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 studios shall not include a proprietary
school licensed by the State of Pennsylvania, a college, junior college,
or university supported entirely or in part by a 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:
Where is no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude 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 seminude model is on the premises
at 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
coving, 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.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
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, or other
commercial establishment where adult entertainment is presented for
money or other forms of consideration.
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 discernable 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, 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 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 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:
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the date of licensing.
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
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, 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 state of nudity or semi-nudity or who
offer performances or presentation characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
[Ord. 2002-9, 11/18/2002, § 3]
1.
It is unlawful:
A.
For any person to establish and operate a sexually oriented business
after the effective date of this Part without a valid sexual oriented
business license issued by the Township pursuant to this Part.
B.
For any person who establishes and operates a sexually oriented business
after the effective the effective date of this Part to employ a person
to work for the sexually oriented business employee by the Township
pursuant to this Part.
C.
For any person to obtain employment with a sexually oriented business
after the effective date of this Part without having secured a sexually
oriented business employee license pursuant to this Part.
D.
Beginning on the 180th day after enactment of this Part for any person
to continue to operate a sexually oriented business already in operation
on the effective date of this Part without a valid sexually oriented
business license pursuant to this Part.
E.
Beginning on the 180th day after effective date of this Part for
any person operating a sexually oriented business in operation at
the time of the enactment of this Part to employ a person to work
for the sexually oriented business who is not licensed as a sexually
oriented business employee by the Township pursuant to this Part.
F.
Beginning on the 180th day after effective date of this Part for
any person working as an employee of a sexually oriented business
on the effective date of this Part to continue such employment without
having secured a sexually oriented business employee license pursuant
to this Part.
2.
Application for a business or employee license must be made on a
form provided by the Township. For purposes of this Part, the responsibility
of conducting any investigation, receiving and processing any application,
and issuing or denying any license required under this Part shall
be with the Township Code Enforcement Officer or equivalent.
3.
All applicants must be qualified according to the provisions of this
Part. The application may request, and the applicant shall provide,
such information as is deemed necessary to enable the Township to
determine whether the applicant meets the qualifications established
by this Part.
4.
If a person who wishes to operate a sexually oriented business is
an individual, the person must sign the application for a license
as applicant. If a person who wishes to operate a sexually 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 applicant. Each applicant must be qualified under the
following section and each applicant shall be considered as a licensee
if a license is granted.
5.
The completed application for a sexually oriented 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 shall 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 shall submit a copy of the partnership agreement, if
any.
(3)
A corporation, the corporation shall state is corporate name,
the date of its incorporation, the type or classification of the corporation,
the names and capacity of all officers, directors, and principal stockholders
and the name of the registered corporate agent and address of the
registered office for service of process and shall submit 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.
(4)
Any entity other than a partnership or corporation, the entity
shall submit the information required in Subsections 5C, D, E, F,
G, H, I, and J for each person exercising control over the entity.
C.
Whether the applicant, or a person residing with the applicant, has
been convicted of a specific criminal activity as defined in this
Part, 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 or other similar sexually oriented
business ordinance from another municipality, county, or jurisdiction
denied, suspended, or revoked, including the name and location of
the sexually oriented 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 whose
license has previously been denied, suspended, or revoked, including
the name and location of the sexually oriented 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 or other similar sexually oriented
business ordinance from another municipality, county, or jurisdiction,
and, if so, the names and locations of such other licensed businesses.
F.
The specific classification of sexually oriented use for which the
applicant is filing, along with a detailed description of each and
every activity encompassed by the proposed sexually oriented use,
which description shall thoroughly demonstrate compliance and/or intended
compliance with all provisions of this Part.
G.
The location of the proposed sexually oriented business, including
a legal description of the property, street address, and telephone
numbers, 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 license number, Social Security
number, and/or 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.
If an applicant wishes to operate a sexually oriented business which shall exhibit on the premises, in a viewing room or booths of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict "specified sexual activities" or "specified anatomical areas," then the applicant shall also comply with the application requirements set forth in § 13-411 of this Part.
N.
An infectious control plan to protect employees and the public from
bodily fluids of infectious contamination. A copy of the plan shall
be attached to the application and shall be OSHA (Occupational Safety
and Health Act) compliant.
O.
Copies of any applicable zoning or land development approvals.
6.
Before any applicant may be issued a sexually oriented 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 of birth, and place of birth.
C.
Height, weight, hair color, and eye color.
D.
Present residential 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.
G.
Social Security number.
H.
Proof that the individual is at least 18 years of age.
7.
Attached to the application form for a sexually oriented business
employee license as provided above, shall be the following:
A.
At the time the application is filed, the Township will take a color
photograph of the applicant clearly showing the applicant's face,
which photograph shall be used to complete the criminal background
check required by this Part.
B.
A statement detailing the licensing 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 municipality, county,
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 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 and, of so, the "specified
criminal activity" involved, the date, place, and jurisdiction of
each.
D.
A statement acknowledging that the employee has reviewed the infectious
control plan adopted by the sexually oriented business.
8.
Any and all sexually oriented businesses in operation within the
Township, as of the effective date of this Part, must apply for the
required licenses, and pay any applicable license fees under this
Part, within five months after the effective date of this Part.
9.
To the extent permitted by law, all applications for licenses required
by this Part, and materials submitted therewith, shall be maintained
by the Township in a confidential file which shall not be made available
to the public, except that all sexually oriented business licenses
shall be available for public inspection.
[Ord. 2002-9, 11/18/2002, § 4]
1.
Upon the filing of a fully completed application form for a sexually
oriented business license or employee license, the Township shall
issue a temporary license to said applicant which entitles the applicant
to operate the sexually oriented business or work as an employee.
The application shall then be referred to the Township Code Enforcement
Officer or equivalent, as the licensing administrator for purposes
of this Part, for an investigation to be made on such information
as is contained on the application. The processing and investigation
of the application shall be completed within 30 days of the date that
the fully completed application is filed with the Township. Any incomplete
application shall be returned to the applicant and the thirty-day
period for processing and investigation shall not commence until a
fully completed application has been filed. After the processing and
investigation, the Township shall issue a permanent license, unless
it is determined by a preponderance of the evidence that one or more
of the following findings is true:
A.
The applicant 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.
D.
The license is to be used for operation of a business or employment
in a business prohibited by local or state law, statute, rule, or
regulation, or prohibited by a particular provision of this Part.
E.
The applicant has had a sexually oriented business license or sexually
oriented business employee license revoked by the Township within
one year of the date of the current application.
F.
The required application, investigation, and license fees have not
been paid.
G.
An applicant's license to operate a sexually oriented business
issued by any jurisdiction has been revoked within the preceding 12
months.
H.
The application demonstrates that the proposed sexually oriented
business is in violation of or is not in compliance with any of the
provisions of this Part.
I.
The applicant has not obtained the required zoning or land development
approvals.
J.
If the sexually oriented business license or sexually oriented business employee license is denied, the temporary license previously issued shall remain in effect during all appeals. Denial, non-renewal, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 13-409.
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 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 fees as set forth in § 13-405.
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 sexually oriented business or employee, and the specific
classification of sexually oriented use for which the license is issued.
All licenses shall be posted in a conspicuous place at or near the
entrance of the sexually oriented business so that they may be easily
read at any time.
4.
Applications for building and occupancy permit licenses required
by the Township under this Part, in addition to the sexually oriented
business license, shall be processed and ether denied or approved
within 30 days after a complete application is filed with the Township.
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. If the Township fails to render a decision granting,
denying, or renewing a license required by this Part within 30 days
after a complete application is filed with the Township, or if the
Township fails to render a decision granting, denying, or renewing
any other Township permit (building, occupancy, or otherwise) required
to operate the sexually oriented business within 30 days after such
application is filed with the Township, the permanent license required
by this Part shall be deemed to have been approved. This "deemed approval"
rule shall apply to both applications for sexually oriented business
licenses and sexually oriented business employee licenses.
5.
A sexually oriented business license shall be issued for the specific
classification of a sexually oriented use permitted by this Part and
applied for.
[Ord. 2002-9, 11/18/2002, § 5]
1.
Every application for a sexually oriented business license (whether
for a new license or a renewal of an existing license) shall be accompanied
by a non-refundable application and investigation fee as determined
by the Stroud Township Board of Supervisors under separate resolution.
2.
Every sexually oriented business that is granted a license (new or
renewal) shall pay the Township an annual non-refundable license fee
as determined by the Stroud Township Board of Supervisors under separate
resolution.
3.
Every application for a sexually oriented business employee license
(whether for a new license or a renewal of an existing license) shall
be accompanied by a non-refundable application and investigation fee
as determined by the Stroud Township Board of Supervisors under separate
resolution.
4.
All license applications and fees shall be submitted to the office
of the Township Secretary/Treasurer, and, thereafter, the application
shall be forwarded to the Township Code Enforcement Officer or equivalent
designated as licensing administrator for review, investigation, and
approval or denial.
[Ord. 2002-9, 11/18/2002, § 6]
1.
Subject to the consent of an applicant or licensee, the Township
Code Enforcement Officer or equivalent may inspect the premises of
sexually oriented businesses for purposes of ensuring compliance with
this Part during any time it is open for business.
2.
In the event that the Township Code Enforcement Officer or equivalent
has probable cause to believe that a sexually oriented business is
operating in violation of this Part, he or she may inspect the premises
of the sexually oriented business for purposes of ensuring compliance
with this Part during any time it is open for business.
3.
In addition to the foregoing, each applicant of a licensed sexually
oriented business shall file with the Township on January 1, May 1,
and October 1 of each year, a notarized certification on a form provided
by the Township, that the business and all of its employees are operating
in compliance with this Part.
[Ord. 2002-9, 11/18/2002, § 7]
1.
Each license issued under this Part shall expire one year from the date of issuance and may be renewed only by making application as provided in § 13-403. 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 Code Enforcement Officer or equivalent 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
Code Enforcement Officer finds that the basis for denial of the renewal
license has been corrected and abated, the applicant shall be granted
a license if at least 90 days have elapsed since the date the denial
became final.
[Ord. 2002-9, 11/18/2002, § 8]
1.
The Township Code Enforcement Officer 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:
2.
The Township Code Enforcement Officer shall revoke a license if a
cause of suspension in Subsection 1A occurs and the licensee has been
suspended within the preceding 12 months.
3.
The Township Code Enforcement Officer 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 a controlled
substance on the premises.
C.
A licensee has knowingly allowed prostitution on the premises.
D.
A licensee knowingly operated the sexually oriented 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, county, or state
for any taxes or fees past due.
G.
A licensee has failed to develop and follow an infectious control
plan to protect employees and the public.
4.
When the Township Code Enforcement Officer revokes the license, the
revocation shall continue for one year, and the licensee shall not
be issued a sexually oriented business license for one year from the
date the revocation became effective. If, however, subsequent to revocation,
the Township Code Enforcement Officer finds that the basis for the
revocation has been corrected or abated, the applicant shall be granted
a license if at least 90 days have elapsed since the date the revocation
became effective.
[Ord. 2002-9, 11/18/2002, § 9]
1.
All license application denial, renewal, suspension, or revocation
decisions shall be sent in writing to the applicant or licensee. All
such decisions which deny, refuse to renew, suspend, or revoke a license
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 procedures
of the Local Agency Law, 2 Pa.C.S.A. § 101 et seq., to the
Township Board of Supervisors, except as modified herein. Any such
appeal must be filed, in writing, with the Township Secretary, within
10 days from the date of the mailing of the decision appealed from
and shall specify, in detail, the basis for the appeal. Failure or
refusal to file said appeal or specify the basis of said appeal with
the Township Secretary shall be deemed a conclusive determination
as to the issues or matters addressed by the written decision. If
an appeal is timely filed, the Township Board of Supervisors will
then hold a Local Agency Law hearing pursuant to 2 Pa.C.S.A. § 101
et seq., 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. In the case of a denial of a license or 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:
2.
Any person aggrieved by a decision of the Township Board of Supervisors
may appeal to a court of competent jurisdiction pursuant to the Local
Agency Law, 2 Pa.C.S.A. § 101 et seq., and 42 Pa.C.S.A.
§ 933(a)(2). 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 of such appeal. The Township shall certify
any record to the court within 20 days after the appeal is filed.
In the case of a denial of a license or 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:
[Ord. 2002-9, 11/18/2002, § 10]
A licensee shall not transfer his/her license to another person,
nor shall a licensee operate a sexually oriented business under the
authority of a license at any place other than the address designated
in the application.
[Ord. 2002-9, 11/18/2002, § 11]
1.
A person who operates or causes to be operated a sexually oriented
business which exhibits on the premises in a viewing room of less
than 150 square feet of floor space, a film, video cassette, live
entertainment, or other video reproduction which depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
A.
Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or 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, such 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 of all areas of the 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.
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Township.
D.
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.
E.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of
every area of the premises to which any patron is permitted access
for any purpose excluding rest rooms. Rest rooms 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 paragraph must be by direct line of sight from the manager's
station.
F.
It shall be the duty of the licensee to ensure that the view area
specified in Subsection 1E 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
this subsection.
G.
No viewing room may be occupied by more than one person at any time.
H.
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-footcandles,
as measured at the floor level.
I.
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at any time that any patron is present
in the premises.
J.
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
K.
No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
L.
The licensee shall, during each business day, regularly inspect the
walls between the viewing booths to determine if any openings or holes
exist.
M.
The licensee shall cause all floor coverings in viewing booths to
be nonporous, easily cleanable surfaces, with no rugs or carpeting.
N.
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.
O.
A licensee shall brief all employees as to the approved infectious
control plan and OSHA regulations before employment begins and during
employment at intervals of at least every six months.
[Ord. 2002-9, 11/18/2002, § 12]
It shall be a violation of this Part for a person to knowingly
or intentionally in a sexually oriented business appear in a seminude
or nude condition unless the person is an employee, who while nude
or seminude, shall be at least two feet from any patron or customer
and on a stage at least two feet above the floor.
[Ord. 2002-9, 11/18/2002, § 13]
[Ord. 2002-9, 11/18/2002, § 14]
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
if the person appears seminude or in a state of nudity and/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 rest room not
open to public view or visible to any other person.
3.
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 the public right-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. 2002-9, 11/18/2002, § 15]
1.
It shall be a violation of this Part for a person to knowingly and
intentionally, in a public place:
2.
For the 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, theatres, 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 less than 10 years of age.
B.
Any individual exposing a breast for the purpose of breastfeeding
her child.
C.
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.
[Ord. 2002-9, 11/18/2002, § 16]
A person commits a violation of this Part if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
[Ord. 2002-9, 11/18/2002, § 17]
No sexually oriented business shall be open for business before
8:00 a.m. in the morning, Monday through Saturday or after midnight
12:00 a.m.), Monday through Saturday. A sexually oriented business
shall be closed at all times on Sundays and on federal or state recognized
legal holidays.
[Ord. 2002-9, 11/18/2002, § 18]
1.
A person commits a violation of this Part if the person operates
or causes to be operated a sexually oriented business within 1,000
feet of:
A.
A church, synagogue, mosque, temple, or other building which is used
primarily for religious worship and related religious activities.
B.
A public or private educational facility including, but not limited
to, child day care facilities, nursery schools, preschools, kindergartens,
elementary schools, private schools, intermediate schools, junior
high schools, middle schools, high schools, special education schools,
junior colleges, and universities. School includes the school grounds
but does not include the facilities used primarily for another purpose
and only incidentally as a school.
C.
A licensed premises, licensed pursuant to the alcoholic beverage
control regulations of the Commonwealth of Pennsylvania.
D.
Any other adult entertainment use.
2.
A person commits a violation of this Part if the person operates
or causes to be operated a sexually oriented business within 800 feet
of a boundary of a property used for residential purposes.
3.
A person commits a violation of this Part if the person operates
or causes to be operated a sexually oriented business within 500 feet
of:
A.
A public park or recreational area which has been designated for
park or recreational activities including, but not limited to, parks,
playgrounds, nature trails, swimming pools, reservoirs, athletic fields,
basketball or tennis courts, pedestrian/bicycle paths, wilderness
areas, or other similar public lands within the Township which are
under the control, operation or management of the Township, county,
state or some other public jurisdiction.
B.
An entertainment business which is oriented primarily toward children
or family entertainment.
4.
A person commits a violation of this Part if that person causes or
permits the operation, establishment, substantial enlargement, or
transfer of ownership or control of a sexually oriented business within
1,000 feet of another sexually oriented business.
5.
A person commits a violation of this Part if that person causes or
permits the operation, establishment, or maintenance of more than
one sexually oriented business in the same building, structure, or
portion thereof, or the increase of floor area of any sexually oriented
business in any building, structure, or portion thereof, containing
another sexually oriented business.
6.
For the purpose of Subsections 1, 2, and 3 of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection 1, 2, or 3. Presence of a municipal, county, or other political subdivision boundary shall be irrelevant for the purposes of calculating and applying the distance requirements of this section.
7.
For the purpose of Subsection 4 of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
[Ord. 2002-9, 11/18/2002, § 19; as amended by A.O.]
The Township shall enforce any violation of this Part through
a civil enforcement proceeding before a magisterial district judge.
The civil enforcement proceeding shall be initiated by complaint or
by such other means as may be provided by the Pennsylvania Rules of
Civil Procedure. Any person, partnership, or corporation who or which
has violated any provision of this Part shall, upon being found liable
therefore in a civil enforcement proceeding commenced by the Township,
pay a judgment of not more than $600 for each violation, plus all
court costs and reasonable attorneys fees incurred by the Township
in the enforcement proceedings. In any case where a penalty for a
violation of this Part has not been timely paid and the person upon
whom the penalty was imposed is found to have been liable therefore
in civil proceedings, the violator shall be liable for the penalty
imposed, including additional daily penalties for continuing violations,
plus court costs and reasonable attorneys fees incurred by the Township
in the enforcement proceedings. A separate violation shall arise for
each day or portion thereof in which a violation is found to exist
or for each section of the Part which is found to have been violated.
Additionally, the Township shall be exempt from the payment of costs
in any civil case brought to enforce an ordinance in accordance with
this paragraph. Further, the Township may enforce any violation of
this Part through an equity action brought in the Court of Common
Pleas of the county where the Township is situate.
