[HISTORY: Adopted by the Board of Supervisors of the Township
of North East 1-5-1998 by Ord.
No. 1998-001. Amendments noted where applicable.]
A.
Purpose.
(1)
Pursuant to the authority granted in the Second Class
Township Code[1] to prohibit nuisances; to promote the health,
welfare, cleanliness, comfort and safety of the citizens of North
East Township; and to regulate the time of opening and closing, and
the conduct of places of public entertainment, amusement and recreation,
the North East Township Board of Supervisors enacts this chapter to minimize
and control the adverse secondary effects of sexually 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.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
(2)
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.
(3)
The Board of Supervisors does not intend this chapter 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 and activities. The Board specifically wishes to adopt
the concept of public indecency as approved by the U.S. Supreme Court
in Barnes v. Glen Theatre, Inc., 111 S. Ct. 2456 (1991) and the Pennsylvania
Superior Court in Pap's A.M. v. City of Erie, 674 A.2d 338 (1996).
B.
Legislative findings. The Board of Supervisors finds:
(1)
Sexually oriented businesses have adverse secondary
effects, 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 harassment, obscenity,
prostitution and other illegal sexual activities, crime and neighborhood
deterioration.
(2)
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 businesses. 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 the premises and activities occurring therein.
(3)
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.
(4)
Requiring licensees of sexually 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.
(5)
The disclosure of certain information by those persons
ultimately responsible for the day-to-day operation and maintenance
of the sexually oriented business will help limit and control the
adverse secondary effects of such businesses.
(6)
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 chapter is designed
to prevent or who are likely to be witnesses to such activity.
(7)
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 chapter.
(8)
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.
(9)
The general welfare, health and safety of the citizens
of the Township will be promoted by the enactment of this chapter.
(10)
Limitation of operating hours of sexually 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 promotes the
public health, safety and welfare.
As used in this
chapter, the following words and phrases shall have the meanings indicated
unless the context clearly indicates a different meaning.
Any place to which the public is permitted or invited, wherein coin-operated,
slug-operated, or for any form of consideration, or electronically,
electrically, or mechanically controlled still or motion-picture machines, projectors, video
or laser disc players, or other image-producing devices are maintained,
not located within viewing booths, to show images to five or fewer
persons, per
machine, at
any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of its substantial
business activities, 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; or
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 seminudity; or
Live performances which are characterized by the
exposure of specified anatomical areas or by specified sexual activities; or
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.
A theater, concert hall, dance hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or seminudity, or live 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 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 sexually oriented
business as a new business;
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
The addition of any sexually oriented business
to any other existing sexually oriented business or to a nonsexually oriented business;
or
The relocation of any sexually oriented business.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry, or both:
The character and content of any material or performance
described herein which is reasonably susceptible of examination by
a licensee or person; and
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 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 who 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 studio" shall not include a proprietary school
licensed by the State of Pennsylvania or a college, junior college or university supported
entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported
entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of
the structure and no other advertising that indicates a nude or seminude
person is available for viewing; and
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
Where no more than one nude or seminude 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, the exposure of any devices,
costume or covering which gives the appearance of or simulates the
genitals, pubic hair, natal cleft, perineum anal region or pubic hair
region, the exposure of any device worn as a cover over the nipples
and/or areola of the female breast, which device simulates and gives
the appearance of nipples and/or areola, 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 nonopaquely 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, or sexual encounter center.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
Any of the following offenses:
Prostitution or promotion of prostitution; dissemination
of obscenity; sale, distribution or display of harmful material to
a minor; sexual performance by a child; possession or distribution
of child pornography; public lewdness; indecent exposure; indecency
with a child; engaging in organized criminal activity; sexual assault;
molestation of a child; gambling; or distribution of a controlled
substance; or any similar offenses to those described above under
the criminal or penal code of Pennsylvania or 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 for the conviction,
whichever is the later date, if the conviction is of a felony offense;
or
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.
Any of the following:
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; or
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 1) films, movies, videos,
or visual reproductions of any kind depicting or describing specified sexual activities or specified anatomical
areas, or 2) persons who appear
in a state of nudity or seminudity or who offer performances or presentations characterized
by the exposure of specified anatomical areas or by specified sexual activities.
A.
It is unlawful:
(1)
For any person to operate a sexually oriented business
without a valid sexually oriented business license issued by the Township
pursuant to this chapter;
(2)
For any person who operates a sexually oriented business
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 chapter;
(3)
For any person to obtain employment with a sexually
oriented business without having secured a sexually oriented business
employee license pursuant to this chapter;
(4)
Beginning on the 60th day after enactment of this chapter, for any
person to continue to operate any sexually oriented business in operation
at the time of enactment of this chapter without a valid sexually oriented business
license pursuant to this
chapter;
(5)
Beginning on the 60th day after enactment of this chapter, for any
person who operates a sexually oriented business in operation at the
time of enactment of this chapter 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 chapter; or
(6)
Beginning on the 60th day after enactment of this chapter, for any
person to obtain employment with a sexually oriented business in operation
at the time of enactment of this chapter without having secured a sexually oriented
business employee license pursuant to this chapter.
B.
An application for a license must be made on a form provided
by the Township.
C.
All applicants must be qualified according to the provisions
of this chapter. 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 chapter.
D.
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, is a partner, a corporate officer
or director must sign the application for a license as applicant.
Each applicant must be qualified under the following section and each
applicant shall be considered a licensee if a license is granted.
E.
The completed application for a sexually oriented business
license shall contain the following information and shall be accompanied
by the following documents:
(1)
If the applicant is:
(a)
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;
(b)
A partnership, the partnership shall state its complete
name, and the name of all partners, whether the partnership is general
or limited, and a copy of the partnership agreement, if any;
(c)
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.
(2)
If the applicant intends to operate the sexually oriented
business under a name other than that of the applicant, he or she must state a) the sexually oriented business' fictitious name and b) submit copies
of required registration documents.
(3)
Whether the applicant, or a person residing with the
applicant, has been convicted of a specified criminal activity as
defined in this chapter, and, if so, the specified criminal activity involved, the date,
place and jurisdiction of each activity.
(4)
Whether the applicant, or a person residing with the
applicant, has had a previous license under this chapter or other similar sexually
oriented business ordinance from another municipality, state or county
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 chapter 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.
(5)
Whether the applicant or a person residing with the
applicant holds any other licenses under this chapter or other similar sexually
oriented business ordinance from another municipality, state or county
and, if so, the names and locations of such other licensed businesses.
(6)
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
business, which description shall thoroughly demonstrate compliance
and/or intended compliance with all provisions of this chapter.
(7)
The location of the proposed sexually oriented business,
including a legal description of the property, street address, and
telephone number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's license number, social
security number, and his/her state or federally issued tax identification
number.
(11)
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.
(12)
If an applicant wishes to operate a sexually oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 246-11 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(13)
The application form shall inform the applicant
that 1) separate
applications are required for any necessary zoning permits, subdivision
and land development approvals or building and occupancy permits, and that the applicant
may apply for such permits by contacting the Township Code Enforcement
Officer, and 2) that Department of
Labor and Industry approval is required.
F.
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:
(1)
The applicant's name or any other name (including "stage"
names) or aliases used by the individual;
(2)
Age, date and place of birth;
(3)
Height, weight, hair and eye color;
(4)
Present residence address and telephone number;
(5)
Present business address and telephone number;
(6)
Date, issuing state and number of driver's license
or other identification card information;
(7)
Social security number; and
(8)
Proof that the individual is at least 18 years of age.
G.
Attached to the application form for a sexually oriented
business employee license, as provided above, shall be the following:
(1)
A color photograph of the applicant clearly showing
the applicant's face, and the applicant's fingerprints on a form provided
by any police department. Any fees for the photographs and fingerprints
shall be paid by the applicant.
(2)
A statement whether the applicant has been convicted
of a specified criminal activity as defined in this chapter and, if so,
the specified criminal activity involved, the date, place and jurisdiction
of each.
A.
Upon the filing of said application in a fully completed
form for a sexually oriented business license or for a sexually oriented
business employee license, the application shall then be referred
to the Township Code Enforcement Officer for review and investigation.
The Township Code Enforcement Officer shall utilize any available
resources through the Pennsylvania State Police, the Commonwealth
of Pennsylvania and/or other law enforcement agencies as may be necessary
to complete the review and investigation required by this chapter. Within 20
days from the date the completed application is filed, the Township
Code Enforcement Officer shall issue a license, unless it is determined
by the Township Code Enforcement Officer that one or more of the following
findings is true:
(1)
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;
(2)
The applicant is under the age of 18 years;
(3)
The applicant has been convicted of a specified criminal activity as defined in this chapter;
(4)
The sexually oriented business employee license is
to be used for employment in a business prohibited by local or state
law, statute, rule or regulation, or prohibited by a particular provision
of this chapter; or
(5)
The applicant has had a sexually oriented business employee license revoked by the Township within two years of the date of the current application. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 246-9.
(6)
The required application, investigation and license
fees have not been paid.
(7)
An applicant's license to operate a sexually oriented
business, issued by any jurisdiction, has been revoked within the
preceding 12 months.
(8)
The proposed sexually oriented business is in violation
of or is not in compliance with any of the provisions of this chapter.
B.
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 chapter 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 § 246-5.
C.
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 and the specific classification
of sexually oriented use for which the license is issued. Licenses
for sexually oriented businesses shall state that the sexually 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 sexually
oriented business so that they may be easily read at any time.
D.
Applications for building and occupancy permits shall be
processed and either denied or approved within 30 days of a complete
application by the Township.
E.
A sexually oriented business license shall specify the
classification of sexually oriented use as permitted by ordinance
and applied for.
G.
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Township Board of Supervisors. The Township 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 Township Board of Supervisors may be taken to court subject to § 246-9E of this chapter.
A.
Every application for a sexually 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.
B.
In addition to the application and investigation fee required
above, every sexually oriented business that is granted a license
(new or renewal) shall pay to the Township an annual nonrefundable license fee
in an amount set by resolution of the Board of Supervisors within
30 days of license issuance or renewal.
C.
Every application for a sexually oriented business employee
license (whether for a new license or for renewal of an existing license)
shall be accompanied by an annual nonrefundable application, investigation,
and license fee in an amount set by resolution of the Board of Supervisors.
D.
All license applications and fees shall be submitted to
the office of the Township Secretary/Treasurer, and, thereafter, the
applications shall be forwarded to the Township Code Enforcement Officer
for review and investigation and approval or denial.
A.
An applicant or licensee shall permit authorized Township
officials and their agents or consultants to inspect the premises
of a sexually oriented business for the purpose of insuring compliance
with the law, at any time it is occupied or open for business.
B.
A person who operates a sexually oriented business or his
agent or employee commits a violation of this chapter if he refuses to permit
such lawful inspection of the premises at any time it is occupied
or open for business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 246-3. 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.
B.
When the Township denies renewal of a license, the applicant
shall not be issued a license for one year from the date of denial
unless, subsequent to denial, the Township finds that the basis for
denial of the renewal license has been corrected or abated, and under
such circumstances, the applicant may be granted a license.
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:
A.
The Township Code Enforcement Officer shall revoke a license if a cause of suspension in § 246-8 occurs and the license has been suspended within the preceding 12 months.
B.
The Township Code Enforcement Officer shall revoke a license
if he determines that:
(1)
A licensee gave false or misleading information in
the material submitted during the application process;
(2)
A licensee has knowingly allowed possession, use, or
sale of controlled substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the
premises;
(4)
A licensee knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended;
(5)
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; or
(6)
A licensee is delinquent in payment to the Township
for any licensing fees past due.
C.
When the Township revokes a 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 unless, subsequent to revocation, the Township finds
that the basis for the revocation has been corrected or abated, and, under such circumstances,
the applicant may be granted a license.
D.
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 requirement of this chapter 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[1] to the Township Board of Supervisors. The
Township 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 Secretary/Treasurer, within
10 days from the date of mailing of the decision appealed from. Failure
to file said appeal with the Township Secretary/Treasurer 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 1) the expiration of the ten-day appeal
period without filing of an appeal; or 2) the date of a decision dismissing
any appeal.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
E.
Any person aggrieved by a decision of the Township 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.
A licensee shall not transfer his/her license to another, 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.
A.
A person who operates viewing booths or causes them to
be operated shall comply with the following requirements:
(1)
Upon application for a sexually 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.
(2)
The application shall be sworn to be true and correct
by the applicant.
(3)
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.
(4)
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 restrooms. Restrooms may not contain video reproduction equipment.
If the premises has two or more manager's stations designated, then
the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one of the manager's stations. 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.
(5)
It shall be the duty of the licensees to ensure that
the view area specified in Subsection A(1)(4)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 which has been designated
as an area in which patrons will not be permitted in the application
filed pursuant to Subsection A(1)of this section.
(6)
No viewing room may be occupied by more than one person
at any time.
(7)
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.
(8)
It shall be the duty of the licensees to ensure that
the illumination described above is maintained at all times that any
patron is present in the premises.
(9)
No licensee shall allow openings of any kind to exist
between viewing rooms or booths.
(10)
No person shall make or attempt to make an opening
of any kind between viewing booths or rooms.
(11)
The licensee shall, during each business day,
regularly inspect the walls between the viewing booths to determine
if any openings or holes exist.
(12)
The licensee shall cause all floor coverings
in viewing booths to be nonporous, easily cleanable surfaces, with
no rugs or carpeting.
(13)
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.
A.
A nude model studio shall not employ any person under the
age of 18 years.
B.
A person under the age of 18 years commits a violation
of this chapter if the person appears seminude 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.
C.
A person commits a violation of this chapter 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.
D.
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.
A.
Prohibited acts.
(1)
It shall be a violation of this chapter for a person to knowingly
and intentionally, in a public place:
(2)
For purposes of this chapter, "Public Place" includes all outdoor
areas owned by or open to the general public, and all buildings and
enclosed places owned by or open to the general public, including
but not limited to places of entertainment, taverns, restaurants,
clubs, theaters, dance halls, banquet halls, party rooms or halls
limited to specific members, and party rooms or halls restricted to
adults or to patrons invited to attend, whether or not an admission
charge is levied. This section shall not apply to:
(a)
Any child under 10 years of age; or
(b)
Any individual exposing a breast in the process of
breastfeeding an infant under two years of age; or
(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.
B.
It shall be a violation of this chapter for a person who knowingly
or intentionally, in a sexually oriented business, appears in a seminude condition, unless the person is
an employee who, while seminude, shall be at least 10 feet from any
patron or customer and on a stage at least two feet from the floor.
C.
It shall be a violation of this chapter for an employee, while seminude
in a sexually oriented business, to solicit any pay or gratuity from
any patron or customer or for any patron or customer to pay or give
any gratuity to any employee.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
No sexually oriented business shall be open for business before
10:00 a.m., Monday through Saturday, or after 10:00 p.m., Monday through
Saturday. Sexually oriented businesses shall be closed at all times
on Sundays and legal holidays.
It is a defense to prosecution under § 246-14 that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the Commonwealth
of Pennsylvania, a college, junior college, or university supported
entirely or partly by taxation; or
B.
By a private college or university which maintains and
operates educational programs in which credits are transferable to
a college, junior college, or university supported entirely or partly
by taxation; and
C.
In a structure:
(1)
Which has no sign visible from the exterior of the
structure and no other advertising that indicates a nude person is
available for viewing; and
(2)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3)
Where no more than one nude model is on the premises
at any one time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation who violates or permits the
violation of any provisions of this chapter or the rules and regulations
approved and hereinafter adopted shall, upon conviction in a summary
proceeding brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $100 nor more than $1,000,
plus costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition, the Township may commence, at any time, appropriate
actions in equity or otherwise to prevent, restrain, correct, enjoin
or abate violations of this chapter.
In addition to the specific penalties provided in this chapter, it is hereby
declared that any building, portion of a building, or enclosed place
regularly used for acts of public nudity in violation of this chapter is a public
nuisance, subjecting the owner, proprietor or other operator thereof
to any and all actions authorized by the Commonwealth of Pennsylvania
for the abatement of public nuisances.
The provisions of this chapter are severable and if any section, subsection,
clause, sentence or part thereof shall be held or declared illegal,
invalid or unconstitutional by any court of competent jurisdiction,
the decision shall not affect or impair any of the remaining sections,
subsections, clauses, sentences or parts thereof of this chapter; it is hereby
declared to be the intent of the Board of Supervisors that this chapter would have
been adopted if such illegal, invalid or unconstitutional section,
subsection, clause, sentence or part thereof had not been included
herein.
