[HISTORY: Adopted by the Borough Council of the Borough of East Pittsburgh 12-13-1994 by Ord. No. 842 (Ch. 2 of the 1980 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ADULT DANCING ESTABLISHMENTS
Any business wherein employees, agents, or independent contractors perform dance routines or adult-oriented dancing entertainment as characterized by an emphasis on the exposure of specific anatomical areas. This definition shall include any establishment whether or not it is licensed by the PA Liquor Control Board to serve alcoholic beverages.
An adult dancing establishment shall observe the following requirements:
A. 
Any dancing which exposes to view by patrons or spectators on the premises at any time the bare female breast below a horizontal line across the top of the areola at its highest point, which shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part, is prohibited.
B. 
Any dancing which exposes to view by patrons or spectators on the premises at any time the human genitals, pubic region, or cleavage of the human buttock is prohibited.
C. 
Any dancing known as "straddle dancing," "lap dancing," "face dancing," or any similar type of dancing known by any other name in which an employee, agent, or independent contractor, whether fully clothed or not, uses any part of his or her body whether directly or through a medium, to massage, rub, stroke, knead, caress or fondle the genitals or pubic area of a patron while on the premises, or the placing of the genitals or pubic area of an employee, agent, or independent contractor in contact with, or in approximate contact with, the face or any other area of the body of a patron, while on the premises, is prohibited.
D. 
Any person engaged in displaying or exposing anatomical areas while dancing is prohibited from simulating sexual activity with any patron, spectator, employee, independent contractor or other person on the premises of an adult dancing establishment.
E. 
No person in an adult dancing establishment shall engage in the display of or exhibition of specific adult-oriented anatomical areas while performing or dancing except while said person is positioned in or occupying an entertainment area consisting of a platform or other structure raised not less than 18 inches nor more than 36 inches above the immediately surrounding main floor area and encompassing an area of at least 100 square feet, and while the person so displaying or exhibiting is positioned not less than three feet from any patron or spectator.
F. 
No spectator or patron shall be present in the entertainment area defined above during the course of any performance or dancing involving the display or exhibition of specific adult-oriented anatomical areas.
G. 
No person maintaining, managing, owning or operating an adult dancing establishment shall allow or permit the construction, maintenance, or use of areas partitioned or screened from public view that are designed to be occupied or are commonly occupied, alone or together, by any person or persons on the premises of such establishments for performances, private or otherwise, involving the display of or exhibition of specific adult-oriented anatomical areas while performing or dancing or to permit any employee or patron to violate any provision of this chapter.
H. 
Nothing in this chapter pertaining to adult dancing establishments shall be construed to permit or authorize any act or activities that are prohibited by state law, and these sections are meant to be in addition to any acts or activities that are so prohibited.
[Amended 1-13-1997 by Ord. No. 856]
A. 
Every person who engages in operating an adult dancing establishment as defined herein shall obtain a license to operate such an establishment and pay to the Borough of East Pittsburgh a license fee in the annual amount of $500; hereinafter, the Borough Council may reestablish or amend any of the fees, charges, licenses or any other costs by simple resolution. Such license must be renewed annually by application of the person to whom the license was originally granted. Said license fee may be amended by the Council in the future by simple resolution. Said license fee shall be used by the Borough of East Pittsburgh to offset its expenses in exercising its police and regulatory powers involving adult dancing establishments.
B. 
Each application for an adult dancing establishment license shall be accompanied by a photograph or drawing of any signs to be displayed on the exterior of the establishment with an indication as to the dimensions of the same.
Every person or entity engaged in or having any interest in the operation of an adult dancing establishment, before being issued a license, shall be required to meet the following qualifications:
A. 
Applicant must be free of convictions for the following: any felony; any conviction related to prostitution; any conviction involving the presentation, exhibition and/or performance of an obscene production; and any conviction involving the maintenance of a nuisance in connection with the same or similar business, within the last two years. Applicant shall not have had any adult entertainment establishment license revoked for cause within the last two years.
B. 
Applicant must submit to fingerprinting by the Borough of East Pittsburgh Police Department or its designated representative.
C. 
Applicant and any person or entity having any connection to the establishment cannot owe any fees or taxes of any kind or nature to the Borough of East Pittsburgh.
D. 
Applicant's premises must meet all established health, zoning, fire, building, plumbing, and BOCA codes and cannot provide direct interior access to residential living quarters. Applicant shall file a floor plan which clearly exhibits all entrances, exits, stairways and all rooms in the building and their intended uses.
E. 
In the event applicant does not own the premises to be licensed, a copy of the lease agreement between the applicant and the property owner shall be submitted along with the application to the Borough.
Adult dancing establishments shall be permitted to operate between the hours of 6:00 p.m. until 2:00 a.m. the following morning on Monday through Saturday. Such establishments are prohibited from operating on Sundays with the exception of the hours of 12:01 a.m. to 2:00 a.m.
Adult dancing establishments may be located and operated within the Borough of East Pittsburgh in the specially created zone permitting such use and known as "Zone M" within the East Pittsburgh Borough Zoning Ordinance. Such establishments are prohibited from being located or operated in any other zone within the Borough of East Pittsburgh.
License suspension or revocation can occur upon:
A. 
Conviction by the licensee, his employees, agents or independent contractors for any offense occurring on the licensed premises involving or related to:
(1) 
The production, presentation, exhibition or performance of any entertainment that is deemed to be obscene;
(2) 
Disorderly conduct;
(3) 
Maintenance of a nuisance in connection with the same or similar business;
(4) 
Prostitution, solicitation for the purpose of prostitution or loitering for the purpose of prostitution;
(5) 
The sale, transfer, possession or use of any controlled substance;
(6) 
The display or exhibition by an employee, agent, or independent contractor in the establishment of less than completely and opaquely covered human genitals or pubic region, the cleavage of the human buttocks, or any portion of the human female breast below a horizontal line across the top of the areola at its highest point, any part of the entire lower portion of the human female breast, excluding cleavage;
(7) 
Any violation of any other section of this code;
(8) 
Any violation of the PA Liquor Control Code.[1]
[1]
Editor's Note: See 47 P.S. § 1-101 et seq., the Pennsylvania Liquor Code.
B. 
Noncompliance with any health, zoning, fire, building and/or plumbing codes adopted by the Borough of East Pittsburgh.
C. 
The filing of a false application.
D. 
A conviction for permitting the on premise sale or consumption of alcoholic beverages in any adult dancing establishment that is not licensed to sell alcoholic beverages.
E. 
Any illegal on premises conduct by patrons that results in a criminal conviction of such patron.
F. 
A violation by any licensee or his agents, servants, or employees for any action or activity occurring in, on or at the premises covered by the license in violation of any provision of this chapter or any other ordinance of the Borough of East Pittsburgh, or of any criminal or penal statute of the Commonwealth of Pennsylvania against gambling, disorderly conduct or any other criminal or penal offense; a judgment of conviction in any court of competent jurisdiction shall be conclusive evidence of such violation.
G. 
The occurrence in, on or at the premises covered by the license any condition which is a nuisance or obnoxious to the morals and general welfare of the public.
When the East Pittsburgh Borough Council has reasonable cause to believe that a license should be revoked or suspended for any of the causes enumerated herein above, it shall schedule a hearing and notify the licensee, in writing, of the hearing date and time and alleged charges. The notice to the licensee shall be mailed to the address shown on the license. At the hearing, the evidence shall be transcribed. Following the hearing, the East Pittsburgh Borough Council shall make a decision which will be reduced to writing and forwarded to the licensee. Upon a decision by the East Pittsburgh Borough Council to revoke or suspend a license issued under this chapter, all business activity at that location shall cease immediately for the period of suspension or revocation.
A. 
Dressing rooms shall be provided for all dancers and performers.
B. 
A barrier, including but not limited to a handrail, half-wall or other similar device, must be constructed that separates the performing area from the patrons.
C. 
Employees shall not be permitted to loiter in an open doorway or entrance of the licensed premises.
D. 
All doors to the licensed premises must be closed except for the limited time necessary to allow for ingress and egress during the hours of operation.
E. 
No one under the age of 21 shall be permitted as a patron or employee during the hours the premises are open for business.
F. 
No person who has been convicted of any prostitution-related offense within the last two years shall be employed.
G. 
Adult dancing entertainment activities or photographs of the same shall not be displayed within any licensed premises in such a manner as to be open to the general public view from outside the licensed premises.
Any person or entity convicted of a violation of this chapter shall, upon conviction thereof before a competent authority, be sentenced to pay a fine of not more than $1,000 for each offense, plus costs, and, in default of the payment of such fine and costs, be imprisoned for a period not exceeding 30 days.