[HISTORY: Adopted by the Board of Commissioners of the Township of
Cheltenham 9-17-2002 by Ord. No. 2015-02.
Amendments noted where applicable.]
A.
It is the purpose of this chapter to regulate sexually
oriented businesses in order to promote the health, safety and general welfare
of the citizens of the Township, and to establish reasonable and uniform regulations
to prevent the deleterious location and concentration of sexually oriented
businesses within the Township. The provisions of this chapter have neither
the purpose nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually oriented materials. Similarly,
it is not the intent nor effect of this chapter to restrict or deny access
by adults to sexually oriented materials protected by the First Amendment,
or to deny access of sexually oriented entertainment to their intended market.
Neither is it the intent nor effect of this chapter to condone or legitimize
the distribution of obscene material.
B.
Based on findings incorporated in the cases of Township
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; Garden Grove, California; Los Angeles, California;
Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma Township,
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 Board
of Commissioners 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 may occur
on their premises.
(2)
Certain employees of sexually oriented businesses defined
in this chapter as adult theaters and cabarets engage in higher incidence
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.
(4)
Offering and providing such space encourages such activities,
which creates unhealthy and unsanitary conditions.
(5)
Some persons frequent adult theaters, 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 shigella
infections.
(7)
Since 1981 and to the present, there has been an increasing
cumulative number of reported cases of AIDS caused by the human immunodeficiency
virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600 in 1984,
8,555 in 1985 and 253,448 through December 31, 1992.
(8)
Since 1981 and to the present, there have been an increasing
cumulative number of persons testing positive for the HIV antibody test in
the Commonwealth of Pennsylvania.
(9)
The number of cases of early (less than one year) syphilis
in the United States reported annually has risen, with 33,613 cases reported
in 1982 and 45,200 through November of 1990.
(10)
The number of cases of gonorrhea in the United States
reported annually remains at a high level, with over one-half million cases
being reported in 1990.
(11)
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.
(12)
According to the best scientific and medical evidence,
AIDS and HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts.
(13)
Sanitary conditions in some sexually oriented businesses
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 the operators of the facilities to self-regulate
those activities and maintain those facilities in a healthy and clean manner.
(14)
Numerous studies and reports have determined that semen
is found in the areas of sexually oriented businesses where persons view adult
oriented films.
(16)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(17)
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.
(18)
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.
(19)
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.
(20)
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.
(21)
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 regulate,
or who are likely to be witnesses to such activity.
(22)
The fact that an applicant for an adult use license has
been convicted of a sexually related crime leads to the rational assumption
that the applicant may engage in that conduct in contravention of this chapter.
(23)
The barring of such individuals from the management of
adult uses for a period of years serves as a deterrent to, and prevents conduct
which leads to, the transmission of sexually transmitted diseases.
(24)
The general welfare, health and safety of the citizens
of the Township will be promoted by this chapter.
B.
ADULT ARCADE
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE:
(1)
(a)
(b)
(2)
ADULT CABARET
(1)
(2)
(3)
ADULT EMPLOYEE
ADULT ESTABLISHMENT
(1)
(2)
(3)
(4)
ADULT LICENSEE
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
CCS
ESCORT
ESCORT AGENCY
NUDE MODEL STUDIO:
(1)
(2)
NUDITY or a STATE OF NUDITY
PERSON
SEMINUDE or in a SEMINUDE CONDITION
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS:
SPECIFIED CRIMINAL ACTIVITY:
(1)
(a)
(b)
(c)
(2)
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
TOWNSHIP
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
(1)
(2)
(3)
Unless otherwise expressly stated, the following words
shall, for the purposes of this chapter, have the meanings herein indicated:
Any place to which the public is permitted or invited, for any form
of consideration, where 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 distinguished 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 printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, compact discs,
slides, 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 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 store, 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
store, or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified materials
which are characterized by the depiction, or description of, specified sexual
activities or specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity;
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, compact discs, slides or other
photographic reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A person who performs any service on the premises of a sexually oriented
business on a full-time, part-time or contractual basis, whether or not the
person is designated an employee, independent contractor, agent or otherwise
and whether or not said person is paid a salary, wage or other compensation
and/or consideration by the operator of said business. "Adult 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.
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 additions of any sexually oriented business to any other existing
sexually oriented business; or
The relocation of any sexually oriented business.
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 adult employee, a person in whose name
a license has been issued authorizing employment in a sexually oriented business.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
videocassettes, compact discs, slides, or other photographic reproductions
which are characterized by the depiction or description of specified sexual
activities or specified anatomical areas; and has a sign visible from the
public right-of-way which advertises the availability of this adult type of
photographic reproduction;
Offers a room with a bed for rent for a period of time that is less
than 10 hours; or
Allows a tenant or occupant of a room with a bed to subrent the room
for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, compact discs, 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 theater, concert 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.
Cheltenham Code section.
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.
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 Commonwealth 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:
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 areola, or the showing of the covered male genitals in a discernibly flaccid
and/or turgid state.
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
The showing of the female breast below a horizontal line across the
top of the areola at its highest point or the showing of the male or female
buttocks. This definition 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, skirt, leotard, bathing suit,
or other wearing apparel provided the areola is not exposed in whole or in
part.
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 motel, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
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 involving a child; possession or distribution
of child pornography; public lewdness; loitering; 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, 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 violation of this chapter;
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 violation of this chapter and is of a felony
offense; or
Less than five years have elapsed since the date of the last determination
of liability for two or more violations of this chapter, or a combination
of a violation of this chapter and one or more 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 area occupied by the business by more than
25%, as the floor area exists on the date this chapter takes effect.
The Township of Cheltenham, Montgomery County, Pennsylvania.
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.
Sexually oriented businesses are classified as follows:
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 an adult employee by the Township pursuant to this chapter.
(3)
For any person to obtain employment with a sexually oriented
business without having secured an adult 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 an applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must be qualified under § 240-5, and each applicant shall be considered an adult 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 or older;
(b)
A partnership, the partnership shall state its complete
name, and the names of all partners, whether the partnership is general or
limited, and a copy of the partnership agreement, if any; or
(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, the names 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 the sexually
oriented business's fictitious name and submit the 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.
(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 license from another governmental entity 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 license from another governmental entity and, if so, the names and
locations of such other licensed businesses.
(6)
The single classification of license for which the applicant
is filing.
(7)
The location of the proposed sexually oriented business,
including a legal description of the property, street address, Township block
and unit numbers and telephone number(s).
(8)
A diagram showing the configuration and footprint of
the premises, including a statement of total floor space occupied by the business.
The diagram shall be prepared and sealed by either a registered architect
or a professional engineer.
(9)
A current certificate and straight-line drawing prepared within 60 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified and the property lines of any established religious institution or place of worship, school, day care center or public park or recreation area within 1,000 feet of the property to be certified. For purposes of § 240-4, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(10)
The applicant's mailing address and residential
address.
(11)
The applicant's driver's license number, social
security number, and/or his/her state or federally issued tax identification
number.
(12)
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, compact discs, slides, 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 § 240-14.
(13)
A signed statement by the applicant declaring that all
data and documents submitted by the applicant to the Township in support of
the application are true and correct.
F.
Before any applicant may be issued an adult 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 permit
or other identification card information;
(7)
Social security number;
(8)
Proof that the individual is at least 18 years of age;
and
(9)
A signed statement by the applicant declaring that all
data and documents submitted by the applicant to the Township in support of
the application are true and correct.
G.
Attached to the application form for either a sexually
oriented business license or an adult 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 the Police Department. Any fees for the photographs and fingerprints shall
be paid by the applicant.
(2)
A statement detailing the license 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 Township, county, state, or country, a sexually oriented
business, and if said applicant 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, 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.
(3)
A declaration stating whether the applicant has been
convicted of any specified criminal activity as defined in this chapter and,
if so, the specified criminal activity involved, the date, place and jurisdiction
of each.
A.
Within 60 days after receipt of a completed sexually
oriented business application, the Township shall approve or deny the issuance
of a license to an applicant. The Township shall approve the issuance of a
license to an applicant unless it is determined by a preponderance of evidence
that one or more of the following findings is true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or a person with whom the applicant is residing
is overdue in payment to the Township of taxes, fees, fines, or penalties
assessed against or imposed upon him/her in relation to any business.
(3)
An 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.
(4)
An applicant or a person with whom the applicant is residing
has been denied a license by the Township to operate a sexually oriented business
within the preceding 12 months or whose license to operate a sexually oriented
business has been revoked within the preceding 12 months.
(5)
An applicant or a person with whom the applicant is residing
has been convicted of a specified criminal activity as defined in this chapter.
(6)
The premises to be used for the sexually oriented business
has not been approved by the Building and Zoning Department and the Fire Marshal
as being in compliance with applicable laws and ordinances.
(7)
The license fee required by this chapter has not been
paid.
(8)
An applicant of the proposed adult establishment is in
violation of or is not in compliance with any of the provisions of this chapter.
B.
Upon the filing of said application for an adult employee
license, the Township shall issue a temporary license to said applicant. The
application shall then be referred to the appropriate Township departments
for an investigation to be made on such information as is contained on the
application. The application process shall be completed within 60 days from
the date the completed application is filed. After the investigation, the
Township shall issue a license, unless it is determined by a preponderance
of evidence 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 adult 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 an adult employee license revoked by the Township within two years of the date of the current application. If the sexually oriented business Adult Employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 240-10.
C.
A license granted pursuant to this chapter 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 § 240-6.
D.
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 classification for which the license is issued pursuant to § 240-3. 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.
E.
The Building and Zoning Department, Public Works Department
and the Fire Marshal shall complete their certification that the premises
is in compliance or not in compliance within 60 days of receipt of the application
by the Township.
[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006
by Ord. No. 2109-06]
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 $1,000 nonrefundable application and investigation fee.
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 of $500 within 60 days of license issuance or renewal.
C.
Every application for an Adult Employee license (whether
for a new license or for renewal of an existing license) shall be accompanied
by an annual $250 nonrefundable application, investigation, and license fee.
D.
All license applications and fees shall be submitted
to the Building and Zoning Department of the Township.
A.
An applicant or adult licensee shall permit representatives
of the Building and Zoning Department, Fire Marshal, Police Department, or
other Township departments or agencies 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
the person's agent or adult employee commits a violation of this chapter
if he refuses to permit such lawful inspection of the premises at any time
it is 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 § 240-4. Application for renewal shall be made at least 60 days and not more than 90 days before the expiration date. If the application for renewal has not been received by the Township by the 59 day before the expiration date thereof, the license shall automatically expire at the one-year anniversary of the issuance of the license.
B.
If the Township denies renewal of a license, an applicant
shall not be issued a license for one year from the date of denial. If, subsequent
to denial, the Township finds that the basis for denial of the renewal license
has been corrected or abated, the applicant may be granted a license if at
least 90 days have elapsed since the date denial became final.
The Township shall suspend a license for a period not to exceed 60 days
if it determines that an adult licensee or an adult employee has:
A.
The Township shall revoke a license if a cause for suspension per § 240-9 occurs and the license has been suspended within the preceding 12 months.
B.
The Township shall revoke a license if it determines
that:
(1)
An adult licensee gave false or misleading information
in the material submitted during the application process;
(2)
An adult licensee has knowingly allowed possession, use,
or sale of controlled substances on the premises;
(3)
An adult licensee has knowingly allowed prostitution
on the premises;
(4)
An adult licensee knowingly operates the sexually oriented
business during a period of time when the adult licensee's license was
suspended;
(5)
Except in the case of an adult motel, an adult 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; or
(6)
An adult licensee is delinquent in payment to the Township,
county, or commonwealth for any taxes, fees, fine or judgments past due.
C.
If the Township revokes a license, the revocation shall
continue for one year, and the adult licensee shall not be issued a sexually
oriented business license for one year from the date the revocation became
effective. If, subsequent to revocation, the Township finds that the basis
for the revocation has been corrected or abated, the applicant may be granted
a license if at least 90 days have elapsed since the date the revocation became
effective.
D.
After denial of an application, or denial of a renewal
of an application, or suspension or revocation of any license, the applicant
or adult licensee may seek prompt judicial review of such administrative action
in any court of competent jurisdiction. The administrative action shall be
promptly reviewed by the court.
E.
The applicant shall reimburse the Township for all legal
fees incurred by the Township in defending its actions.
An adult licensee shall not transfer its license to another, nor shall
an adult licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the application.
In the case of multiple buildings on the premise, the sexually oriented business
shall not take place in any other building than that designated on the application.
A.
No sexually oriented business shall be located within
1,000 feet of the following uses. A person commits a violation of this chapter
if the person operates or causes to be operated a sexually oriented business
within 1,000 feet of:
(1)
A church, synagogue, mosque, temple or building which
is used primarily for religious worship and/or related religious activities;
(2)
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, vocational schools, secondary schools, continuation
schools, special education schools, junior colleges and universities School
includes the school grounds, but does not include facilities used primarily
for another purpose and only incidentally as a school;
(3)
A public park or recreational area which has been designated
for park or recreational activities including but not limited to passive or
active park or parkland, playground, nature trails, swimming pool, reservoir,
athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness
areas, or other similar public land; and
(4)
A licensed premises, licensed pursuant to the alcoholic
beverage control regulations of the Commonwealth.
B.
No sexually oriented business shall be located within
250 feet of the following uses. A person commits a violation of this chapter
if the person operates or causes to be operated a sexually oriented business
within 250 feet of:
C.
A sexually oriented business shall not be located, operated,
established, substantially enlarged, nor shall the ownership or control of
a sexually oriented business be transferred within 1,000 feet of another sexually
oriented business. A person commits a violation of this chapter 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.
D.
A sexually oriented business shall not be operated, established,
or maintained in the same building, structure, or portion thereof, or increase
the floor area of any sexually oriented business in any building, structure,
or portion thereof, containing another sexually oriented business. A person
commits a violation of this chapter 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.
E.
For the purpose of §§ 240-12A and 240-12B, measurement shall be made in a straight line, without regard to the 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 §§ 240-12A and 240-12B. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements.
F.
For purposes of § 240-12C, 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.
G.
Any sexually oriented business lawfully operating as of the effective date of this chapter that is in violation of §§ 240-12A through 12F shall be deemed grandfathered as to the locational requirements of this chapter. Such grandfathered sexually oriented business shall not be increased, enlarged, extended, or altered. Any grandfathered sexually oriented business shall be required to apply for and receive any and all licenses set forth in this chapter.
H.
A lawfully operating sexually oriented business does not come into violation of this chapter by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in §§ 240-12A and/or B within 1,000 feet or 250 feet, as applicable, of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.
A.
Evidence that a room with a bed in a hotel, motel, or
a similar commercial establishment has been rented and vacated two or more
times in a period of time that is less than 10 hours creates a rebuttable
presumption that the establishment is an adult motel as that term is defined
in this chapter.
B.
A person commits a violation of this chapter if, as the
person in control of a room with a bed in a hotel, motel, or similar commercial
establishment that does not have a sexually oriented license, he rents or
subrents a sleeping room to a person and, within 10 hours from the time the
room is rented, he rents or subrents the same sleeping room again.
A.
A person who operates or causes to be operated a sexually
oriented business, other than an adult motel, which exhibits on the premises
in a viewing room of less than 150 square feet of floor space, a film, video
cassette, compact disc, live entertainment, or other video reproduction which
depicts specified sexual activities or specified anatomical areas, shall comply
with the following requirements:
(1)
Upon application for a sexually oriented license, the
application shall be accompanied by a diagram, prepared and sealed by either
a registered architect or a professional engineer, 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. The
diagram shall be to scale and show the floor layout with all dimensions, a
north arrow and surrounding streets. 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)
No alteration in the configuration or location of a manager's
station may be made without the prior written approval of the Township.
(3)
It is the duty of the adult licensee of the premises
to ensure that at least one licensed adult 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 a 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 managers 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 by § 240-14A(4) must be by direct line of sight from the manager's station.
(5)
It shall be the duty of the adult licensee to ensure that the view area specified in § 240-14A(4) remains unobstructed by any doors, false or tinted windows, mirrors, 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 § 240-14A(1).
(6)
No viewing room may be occupied by more than one patron
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 5.0 foot-candles
as measured at the floor level.
(8)
It shall be the duty of the adult licensee to ensure
that the illumination described above is maintained at all times that any
patron is present in the premises.
(9)
No adult licensee shall allow openings of any kind to
exist between viewing rooms or booths.
(10)
No patron shall make or attempt to make an opening of
any kind between viewing booths or rooms.
(11)
The adult licensee shall, during each business day, regularly
inspect the walls between the viewing booths to determine if any openings
or holes exist.
(12)
The adult licensee shall cause all floor coverings in
viewing booths to be nonporous, easily cleanable surfaces, with no rugs or
carpeting.
(13)
The adult 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.
B.
A person having a duty under § 240-14A(1) through A(13), above, commits a violation of this chapter if he knowingly fails to fulfill that duty.
A.
A nude model studio shall not, knowingly or unknowingly,
employ any person under the age of 18 years.
B.
A person under the age of 18 years commits an offense
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 an offense 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.
It shall be a violation of this chapter for a person
who knowingly and intentionally, in a sexually oriented business, appears
in a state of nudity or depicts specified sexual activities.
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 Adult 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 adult
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 adult employee, while said adult employee is seminude
in a sexually oriented business.
D.
It shall be a violation of this chapter for an adult
employee, while seminude, to touch a customer or the clothing of a customer.
A person commits a violation of this chapter if the person, knowingly
or unknowingly, allows a person under the age of 18 years on the premises
of a sexually oriented business.
All outdoor trash containers shall be kept locked or shall be kept in
locked enclosures. This requirement shall apply to all sexually oriented businesses,
and any failure to comply with the provisions of this section shall constitute
a violation of this chapter.
No sexually oriented business, except for an adult motel, may remain
open at any time between the hours of 12:00 a.m. and 8:00 a.m. on weekdays
and Saturdays, and 12:00 a.m. and noon 12:00 p.m. on Sundays.
It is a defense to prosecution under § 240-17 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 or a college, junior college, or university supported entirely
or partly by taxation;
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; or
A person or legal entity who violates any provision of this chapter
shall be guilty of a summary offense, and upon conviction thereof before a
District Justice, shall be subject to a fine of not less than $300 and not
more than $1,000, and shall be required to pay the costs of prosecution (including
reasonable legal fees). Each violation shall be considered a separate and
distinct offense. Further, each day of continued violation or noncompliance
shall be considered as a separate offense. In addition to the foregoing, the
Township may take such other lawful action in any court of competent jurisdiction
as is necessary to prevent or remedy any violation of this chapter. Such other
lawful actions shall include, but shall not be limited to, an equitable action
for injunctive relief or an action at law for damages.
