[HISTORY: Adopted by the Board of Supervisors
of the Township of Girard 3-11-2003 by Ord. No. 2003-77. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
A.
Purpose.
(1)
Pursuant to the authority granted in the Township
Code to prohibit nuisances; to promote the health, welfare, cleanliness,
comfort and safety of the citizens of Girard Township; and to regulate
the time of opening and closing, and the conduct of places of public
entertainment, amusement and recreation, the Township of Girard 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.
(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 Township 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. It is not the intent of the Township
in enacting this legislation to deny any person rights of speech protected
by the Constitution of the United States or the Constitution of Pennsylvania,
or both, nor is it the intent of the Township to impose by this chapter
any additional limitations or restrictions on the contents of any
communicative materials, including sexually oriented films, videotapes,
books and other materials. Further, by enacting this legislation,
the Township does not intend to deny or restrict the rights of any
adult to obtain or view, or both, any sexually oriented materials
or conduct protected by the Constitution of the United States or the
Constitution of Pennsylvania, or both, nor does it intend to restrict
or deny any constitutionally protected rights that distributors or
exhibitors of sexually oriented materials may have to sell, distribute,
or exhibit these materials.
B.
Legislative findings. The Girard Township Board of
Supervisors finds:
(1)
Law enforcement personnel have determined, and statistics
and studies performed in a substantial number of communities in this
Commonwealth and in the United States indicate that sexually oriented
business have adverse secondary effects, including those specified
and recognized at 68 Pa.C.S.A § 5501(a), which secondary
effects should be regulated to protect the public health, safety and
welfare. These secondary effects include, but are not limited to,
the spread of communicable diseases, performance of sexual acts in
public places, presence of discarded sexually oriented materials on
public and private property, sexual harassment, obscenity, prostitution
and other illegal sexual activities, crime and neighborhood deterioration.
(2)
Based on evidence concerning the adverse secondary
effects of adult uses on the community presented in depositions and
hearings conducted by the United States District Court for the Middle
District of Pennsylvania, Case No. 3: CV99-1801 (Judge Munley), and
by the United States District Court for the Western District of Pennsylvania,
Case No. 98-1140 (Judge Lancaster); and in reports made available
to the Township and on findings incorporated in the cases of City
of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v.
American Mini Theaters, 426 U.S. 50 (1976), and Barnes v. Glen Theatre,
Inc., 501 U.S. 560 (1991); and on studies in other communities, including,
but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston,
Texas; Indianapolis, Indiana; Amarillo, Texas; Biloxi, Mississippi;
Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and
Beaumont, Texas; and also on findings from the Report of the Attorney
General's Working Group On the Regulation of Sexually Oriented Businesses
(June 6, 1989, State of Minnesota), the Township finds:
(a)
Sexually oriented businesses lend themselves to ancillary
unlawful and unhealthy activities that are presently uncontrolled
by the operators of the establishments. Further, there is presently
no mechanism to make the owners of these establishments responsible
for the activities that occur on their premises.
(b)
Certain employees of sexually oriented businesses
defined in this chapter as adult theatres and cabarets engage in higher
incidence of certain types of illicit sexual behavior than employees
of other establishments.
(c)
Sexual acts, including masturbation, and oral and
anal sex, occur at sexually oriented businesses, especially those
which provide private or semiprivate booths or cubicles for viewing
films, videos, or live sex shows. Furthermore, adult bookstores tend
to attract homosexual men who engage in unprotected, high-risk sexual
activities.
(d)
Offering and providing such space encourages such
activities, which creates unhealthy conditions.
(e)
Persons frequent certain adult theatres, adult arcades,
and other sexually oriented businesses for the purpose of engaging
in sex within the premises of such sexually oriented businesses.
(f)
At least 50 communicable diseases may be spread by
activities occurring in sexually oriented businesses, including, but
not limited to, syphilis, gonorrhea, human immune deficiency virus
infection (HIV-AIDS), genital herpes, hepatitis B, non B amebiasis,
salmonella infections and shigella infections.
(g)
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.
(h)
According to the best scientific evidence, AIDS and
HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts.
(i)
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.
(j)
Numerous studies and reports have determined that
semen is found in the areas of sexually oriented businesses where
persons view adult-oriented films.
(k)
Numerous studies have indicated that sexually oriented
businesses have a substantial negative impact on property values and
cause neighborhood blight, and the appropriate licensing regulation
will help prevent the negative impact of these secondary effects of
the community.
(3)
Sexually oriented businesses have adverse secondary
effects in the nature of a public nuisance, which secondary effects
should be regulated to protect the public health, safety and welfare.
(4)
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect those substantial
governmental concerns.
(5)
A reasonable zoning regulation and permitting procedure
is an appropriate mechanism to place the burden of that reasonable
regulation on the owners and the operators of the sexually oriented
business. Further, such a regulatory 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.
(6)
Removal of doors on adult booths and requiring sufficient
lighting on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters and bookstores.
(7)
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.
(8)
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.
(9)
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.
(10)
The fact that an applicant for an adult or sexually
oriented use 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.
(11)
The barring of such individuals from the management
of sexually oriented uses for a period of years serves as a deterrent
to and prevents conduct which leads to the transmission of sexually
transmitted diseases.
(12)
The general welfare, health and safety of the citizens
of the Township will be promoted by the enactment of this chapter.
(13)
The limitation of operating hours of sexually oriented
businesses from 8:00 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.
(14)
The reasonable regulation and supervision of sexually
oriented businesses tends to discourage sexual acts and prostitution
and thereby promote the health, safety and welfare of patrons, clients
and customers of these businesses.
(15)
The continued unregulated operation of such sexually
oriented businesses would be detrimental to the general health, safety
and welfare of citizens of the Township of Girard.
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 principal
business 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, 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 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, videocassettes, 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, videocassettes, 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 non-sexually
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
of both:
The character and content of any material or
performance described herein which is reasonably susceptible of examination
by a license 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, 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 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.
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:
Of a sexually oriented business means and 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 transfer the ownership or control of the
business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
Booths, stalls, partitioned portions of a room, rooms or
other enclosures which are available for viewing:
Films, movies, videos or visual reproductions of any kind depicting
or describing specified sexual activities or specified anatomical
areas; or
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.
(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 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 names of the registered corporate agent and the address of
the registered office for service of process.
(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 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 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 permit 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)
A current certificate and straight-line drawing prepared
within the 30 days prior to application by a registered land surveyor
depicting the property lines, the property to be certified.
(13)
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 § 67-11 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
(14)
The application form shall inform the applicant that:
(a)
Separate applications are required for any necessary zoning permits,
subdivision and land development approvals and building and occupancy
permits and that the applicant may apply for such permits by contacting
the Township Code Enforcement Officer and the Erie County Planning
Commission; and
(b)
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 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 county, municipality, state or country, any business or
has ever had a license, permit or authorization to do business 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 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 Erie County Sheriff,
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 30 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. If the sexually oriented business 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 § 67-9.
(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 § 67-5.
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 issue for
the specific 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 Board of Supervisors. The Board of Supervisors shall then hold a Local Agency Law hearing within 20 days from 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 Board of Supervisors may be taken to court subject to § 67-9E 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, therefor,
the applications shall be forwarded to the Township Code Enforcement
Officer for review and investigation and approval of 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/her agent or employee commits a violation of this chapter if
he/she 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 § 67-3. 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. 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 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 § 67-8 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. 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.
All permit denial, renewal, suspension or revocation
decisions shall be sent, in writing, to the applicant or licensee.
All such decisions which deny, refuse to renew, suspend or revoke
a permit shall state specifically the ordinance requirement not met
and any other basis for the decision. After denial of an application,
or denial of a renewal of an application, or after suspension or revocation
of any permit, the applicant or permittee may appeal pursuant to procedures
of the Local Agency Law (2 Pa.C.S.A. § 101 et seq.) to the
Board of Supervisors, except as modified herein. Any such appeal must
be filed, in writing, with the Township Secretary/Treasurer within
10 days from the date of the mailing of the decision appealed from
and shall specify, in detail, the basis for the appeal. Failure or
refusal to file said appeal or specify the basis of said appeal with
the Township Secretary/Treasurer shall be deemed a conclusive determination
as to the issues or matters addressed by the written decision. If
an appeal is timely filed, the Board of Supervisors will then hold
a Local Agency Law hearing, pursuant to 2 Pa.C.S.A. § 101
et seq., within 20 days from the date the appeal is filed and will
render a written decision within 10 days from the date such hearing
concludes. In the case of a denial of renewal, or in the case of a
permit suspension or revocation, the permittee may continue to operate
to the same extent as immediately prior to the suspension or revocation
until the earlier of:
E.
Any person aggrieved by a decision of the Board of
Supervisors may appeal to a court of competent jurisdiction pursuant
to the Local Agency Law (2 Pa.C.S.A. § 101 et seq.) and
42 Pa.C.S.A. § 933(a)(2). The Board of Supervisors shall,
upon filing of such appeal, consent to any request by a permit applicant
or permittee to the court to give expedited review of such appeal.
The Board of Supervisors shall certify any record to the court within
20 days after the appeal is filed. In the case of a denial of a permit
renewal, or in the case of a permit suspension or revocation, the
permittee may continue to operate to the same extent as immediately
prior to the denial, suspension or revocation until the earlier of:
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 business
license, the application shall be accompanied by a diagram of the
premises showing a plan thereof specifying the location of one or
more managers' 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.[1]
(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 rest rooms. Rest rooms 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 managers' stations. The view required in
this subsection must be by direct line of sight from the manager's
station. 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(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 of the premises 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
footcandle, as measured at the floor level.
(8)
It shall be the duty of the licensees to ensure that
the illumination described above as 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 no 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 rest room
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.
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.
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 8:00 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.
A.
Any person who violates or permits a violation of
this chapter 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 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.[1]
B.
The Township may commence civil enforcement proceedings
to assess penalties for violations of this chapter. In addition to
such civil enforcement proceedings, the Township may commence, at
any time, appropriate actions in equity or otherwise to prevent, restrain,
correct, enjoy or abate violations of this chapter.
