Township of Caln, PA
Chester County
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Table of Contents
Table of Contents
[Adopted 10-14-1999 by Ord. No. 1999-10]
A. 
Purpose.
(1) 
Pursuant to the authority granted in the Second Class Township Code to prohibit nuisances; to promote the health, cleanliness, comfort and safety of the citizens of Caln Township; and to regulate the time of opening and closing and the conduct of places of public entertainment, amusement and recreation, the Township of Caln enacts this article to minimize and control the adverse effects of adult entertainment business uses (also referred to hereinafter occasionally as "adult entertainment 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 Commissioners has determined that locational criteria alone cannot adequately protect the health, safety and general welfare of the people of the Township and that licensing is a legitimate and reasonable means of accountability to ensure that operators of adult entertainment businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
(3) 
The Board of Commissioners does not intend this article to suppress any speech activities protected by the First Amendment but to enact a content-neutral ordinance which addresses the secondary effects of adult entertainment businesses.
B. 
Findings. The Board of Commissioners finds:
(1) 
And it adopts by reference the adverse secondary effects of adult entertainment businesses presented in hearings and in reports and adopted as part of Township Ordinance No. 1999-13 enacted October 14, 1999.[1]
[1]
Editor's Note: See Ch. 155, Zoning.
(2) 
The finding noted in Subsection B(1) above raises substantial governmental concerns, as do the following legislative findings.
(3) 
Adult entertainment businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(4) 
A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the adult entertainment businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the adult entertainment 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 adult entertainment business, fully in possession and control of the premises and activities occurring therein.
(5) 
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.
(6) 
Requiring licensees of adult entertainment 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.
(7) 
The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the adult entertainment 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.
(8) 
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 article is designed to prevent or who are likely to be witnesses to such activity.
(9) 
The fact that an applicant for a license to operate an adult entertainment business 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 article.
(10) 
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.
(11) 
The general welfare, health and safety of the citizens of the Township will be promoted by the enactment of this article.
A. 
The defined terms in Caln Township Ordinance No. 1999-13, enacted October 14, 1999,[1] are hereby adopted by reference and include the definitions of adult arcade; adult bookstore, adult novelty store or adult video store; adult cabaret; adult motion-picture theater; adult theater; employee; escort; escort agency; establishment; massage parlor, nude model studio; nudity or a state of nudity; person; seminude or in a seminude condition; sexual encounter center; sexually oriented business; specified anatomical areas; specified sexual activities; and substantial enlargement; provided, however, that any adult entertainment use existing and in lawful operation within the Township of Caln on the date of enactment of this Ordinance No. 1999-13 shall be entitled, within 60 days of said enactment, to register said use with the Township Zoning Officer as a lawful preexisting use and, as so registered, the use shall not be subject to the provisions of this article.
[1]
Editor's Note: See Ch. 155, Zoning.
B. 
As used in this article the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:
KNOWINGLY
Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(1) 
The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or person; and
(2) 
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.
LICENSEE
A person in whose name a license to operate an adult entertainment 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, the person in whose name a license has been issued authorizing employment in an adult entertainment business.
(1) 
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:
(a) 
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;
(b) 
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
(c) 
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.
(2) 
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.
TRANSFER OF OWNERSHIP OR CONTROL (of an adult entertainment business)
Includes any of the following:
(1) 
The sale, lease or sublease of the business;
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) 
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.
A. 
It is unlawful:
(1) 
For any person to operate an adult entertainment business without a valid adult entertainment business license issued by the Township pursuant to this article;
(2) 
For any person who operates an adult entertainment business to employ a person to work for the adult entertainment business who is not licensed as an adult entertainment business employee by the Township pursuant to this article; or
(3) 
For any person to obtain employment with an adult entertainment business without having secured an adult entertainment business employee license pursuant to this article.
B. 
An application for a license must be made on a form provided by the Township which shall include authorization to release the information contained therein to other agencies and/or departments for verification, investigation and supplementation.
C. 
All applicants must be qualified according to the provisions of this article. 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 article.
D. 
If a person who wishes to operate an adult entertainment business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual who has a twenty-percent 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 an adult entertainment 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 (including, in the case of any name change, the former name, date and jurisdiction of the order effectuating the change and reason(s) for the change) 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 names 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 stockholders controlling 5% or more of the outstanding shares 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 adult entertainment business under a name other than that of the applicant, he or she must state the adult entertainment business' 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 article 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 article or other similar adult entertainment business ordinance from another municipality or county denied, suspended or revoked, including the name and location of the adult entertainment 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 article whose license has previously been denied, suspended or revoked, including the name and location of the adult entertainment 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 article or other similar adult entertainment business ordinance from another municipality or county and, if so, the names and locations of such other licensed businesses.
(6) 
The specific classification of adult entertainment use license for which the applicant is filing.
(7) 
The location of the proposed adult entertainment 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 date, issuing state and permit number of the applicant's driver's license, social security number and his 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. (NOTE: All requirements of the Caln Township Zoning Ordinance, Subdivision and Land Development Ordinance, Building Code, Fire Safety Code[1] and all other applicable codes, ordinances and regulations must be met in addition to the requirements of this licensing ordinance before the issuance of any building or other permit.)
[1]
Editor's Note: See Ch. 155, Zoning; Ch. 137, Subdivision and Land Development; and Ch. 59, Building Construction, respectively.
(12) 
A certified straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines of the property to be certified and:
(a) 
Any of the following located within 400 feet of the property to be certified:
[1] 
A church, synagogue, mosque, temple or building which is used regularly for religious worship and 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, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school grounds but does not include the facilities used primarily for another purpose;
[3] 
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth of Pennsylvania;
[4] 
Any other adult entertainment use; and
(b) 
Any of the following located within 800 feet of the property to be certified:
[1] 
A boundary of a residential district as defined in the Caln Township Zoning Code or any property devoted to a residential use; and
(c) 
Any of the following located within 500 feet of the property to be certified:
[1] 
A public park or recreational area which has been designated for park or recreational activities, including but not limited to park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas or other similar public land within the Township which is under the control, operation or management of a Township, county, state or United States' park and recreation authority; and
[2] 
An entertainment business which is oriented primarily towards children and family entertainment.
F. 
Before any applicant may be issued an adult entertainment 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 any former or "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 and 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 an adult entertainment 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 the Township's 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 county, municipality, state or country, any business or has ever had a license, permit or authorization to do business denied, revoked or suspended or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, the name of the issuing or denying jurisdiction and a description in full of 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 article and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
H. 
Each application form issued pursuant to this section shall require notarization of all signatures thereto and shall contain the continuing obligation on the part of the applicant to immediately notify the issuer in the event that any of the information submitted in support of the application should change or no longer represent the full and complete truth.
A. 
Upon the filing of said application in a fully completed form for an adult entertainment business employee license or an adult entertainment business license, the application shall be referred to the appropriate Township official and/or consultant for an investigation to be made on such information as is contained on the application. This investigation may include such further interview with the applicant(s) as the investigator may require to resolve any inconsistencies discovered during the investigation within the application itself or with respect to the information contained in the application and other information revealed by the investigation. The application process shall be completed within 45 days from the date the completed application is filed.
(1) 
After the investigation, the Township shall issue an adult entertainment business employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) 
The applicant has failed to provide information reasonably necessary for issuance of the license, has failed to provide valid documentation when required or has falsely answered a question or request for information on the application form.
(b) 
The 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 or property.
(c) 
The applicant is under the age of 18 years.
(d) 
The applicant has been convicted of a specified criminal activity as defined in this article.
(e) 
The adult entertainment 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 article.
(f) 
The applicant has had an adult entertainment business employee license revoked by the Township within two years of the date of the current application.
(g) 
The license fee required by this article has not been paid.
(h) 
The applicant or the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.
(2) 
Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 51-16C hereinbelow.
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 article 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 § 51-13 hereinbelow.
C. 
Within 45 days after receipt of a complete adult entertainment business license application, the Township shall approve or deny the issuance of a license to an applicant.
(1) 
The Township shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) 
An applicant is under 18 years of age.
(b) 
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 or property.
(c) 
An applicant has failed to provide information reasonably necessary for issuance of the license, has failed to provide valid documentation where required or has falsely answered a question or request for information on the application form.
(d) 
An applicant or a person with whom the applicant is residing has been denied a license by the Township to operate an adult entertainment business within the preceding 12 months or whose license to operate an adult entertainment business has been revoked within the preceding 12 months.
(e) 
An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this article.
(f) 
The premises to be used for the adult entertainment business is in violation of the locational criteria contained in this article or has not been approved by the Fire Marshal and the Building Official as being in compliance with all applicable codes, regulations and ordinances.
(g) 
The license fee required by this article has not been paid.
(h) 
An applicant or the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.
(2) 
Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 51-16 hereinbelow.
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 adult entertainment business and the specific classification of adult entertainment use for which the license is issued. All licenses shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that they may be easily read at any time.
E. 
If requested to do so by the investigator, the Fire Marshal and the Building Official shall determine whether the premises is in compliance or not in compliance and shall so certify to the investigator within 30 days of receipt of the investigator's request.
F. 
An adult entertainment business license shall issue for the specific classification of adult entertainment use as permitted by ordinance and for which proper application has been made.
The applicable fees for initial and renewal license applications for adult entertainment businesses and employees shall be as promulgated from time to time by the Caln Township Board of Commissioners by resolution. The initial amount of the fees as of the effective date of this article shall be as follows:
A. 
Every initial application for an adult entertainment business license shall be accompanied by a nonrefundable application and investigation fee of $500.
B. 
In addition to the application and investigation fee required above, every application for renewal of an adult entertainment business shall be accompanied by a nonrefundable license renewal fee of $250.
C. 
Every application for an adult entertainment 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 of $100.
D. 
All license applications and fees shall be submitted to the Township Manager.
A. 
An applicant or licensee shall permit representatives of the Township, including the Fire Marshal, Zoning Officer or other official and/or consultant, to inspect the premises of an adult entertainment business for the purpose of ensuring compliance with the law.
B. 
A person who operates an adult entertainment business or his agent or employee commits a violation of this article if he refuses to permit such lawful inspection of the premises.
A. 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 51-11 above. Application for renewal shall be made at least 60 days before the expiration date, and, when made less than 60 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.
A. 
The Township may suspend or revoke a license at the discretion of the Board of Commissioners if it determines that a licensee or an employee of a licensee has:
(1) 
Violated or is not in compliance with any provision of this article;
(2) 
Refused to allow an inspection of the adult entertainment business premises as authorized by this article;
(3) 
Knowingly permitted gambling by any person on the adult entertainment business premises;
(4) 
Given false or misleading information in the material submitted during the application process;
(5) 
Knowingly allowed possession, use or sale of controlled substances on the premises;
(6) 
Knowingly allowed or repeatedly permitted with or without knowledge prostitution on the premises;
(7) 
Knowingly operated the adult entertainment business during a period of time when the licensee's license was suspended;
(8) 
Knowingly allowed or repeatedly permitted with or without knowledge any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises;
(9) 
Become delinquent in payment to the Township, county or state of any taxes or fees past due; or
(10) 
Employed someone under the age of 18.
B. 
When the Township revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult entertainment business license for one year from the date the revocation became effective.
C. 
After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be reviewed by the court as the decision of a local governmental agency.
A licensee shall not transfer his/her license to another nor shall a licensee operate an adult entertainment business under the authority of a license at any place other than the address designated in the application.
A. 
A person commits a violation of this article if that person operates or causes to be operated an adult entertainment business in any zoning district other than the I-1 Industrial District, as defined and described in the Caln Township Zoning Ordinance.[1]
[Amended 6-8-2017 by Ord. No. 2017-01]
[1]
Editor's Note: See Ch. 155, Zoning.
B. 
A person commits a violation of this article if the person operates or causes to be operated an adult entertainment business:
(1) 
Within 400 feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities; 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, secondary schools, continuation schools, special education schools, junior colleges and universities; "school" includes the school grounds but does not include the facilities used primarily for another purpose; a licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth of Pennsylvania; any other adult entertainment use;
(2) 
Within 800 feet of a boundary of a residential district as defined in the Township Zoning Code or a property devoted to a residential use; or
(3) 
Within 500 feet of a public park or recreational area which has been designated for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness area or other similar public land within the Township which is under the control, operation or management of a Township, county, state or federal park and recreation authority; or an entertainment business which is oriented primarily towards children or family entertainment.
C. 
A person commits a violation of this article if that person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of an adult entertainment business within 1,000 feet of another adult entertainment use.
D. 
A person commits a violation of this article if that person causes or permits the operation, establishment or maintenance of more than one adult entertainment business in the same building, structure or portion thereof or the increase of floor area of any adult entertainment business in any building, structure or portion thereof containing another adult entertainment business.
E. 
For the purpose of Subsection B of this section, 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 an adult entertainment business is conducted to the nearest property line of the premises of a use listed in Subsection B of this section. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
F. 
For purposes of Subsection C of this section, the distance between any two adult entertainment 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.
A. 
An escort agency shall not employ any person under the age of 18 years.
B. 
A person commits a violation of this article if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years.
A. 
A nude model studio shall not employ any person under the age of 18 years.
B. 
A person under the age of 18 years commits a violation of this article if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or visible to any other person.
C. 
A person commits a violation of this article 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.
A. 
It shall be a violation of this article for a person to knowingly and intentionally, in an adult entertainment business, appear in a state of nudity or depict specified sexual activities.
B. 
It shall be a violation of this article for a person to knowingly or intentionally appear in an adult entertainment business in a seminude condition unless the person is an employee who, while seminude, shall be at least two feet from any patron.
C. 
It shall be a violation of this article for an employee, while seminude in an adult entertainment business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee while said employee is seminude in an adult entertainment business.
A person commits a violation of this article if the person knowingly allows a person under the age of 18 years on the premises of an adult entertainment business.
No adult entertainment business may remain open at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays and 1:00 a.m. and 12:00 noon on Sundays.
It is a defense to prosecution under § 51-21 above that a person appearing in a state of nudity did so in a modeling class operated:
A. 
By a proprietary school, licensed by the Commonwealth of Pennsylvania, a college, junior college or university supported entirely or partly by taxation;
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
C. 
In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
Any person, firm or corporation violating any provisions of this article or the rules and regulations approved and hereinafter adopted shall, upon summary conviction before any District Justice, pay a fine not exceeding $1,000 and costs of prosecution; and, in default of one payment of the fine and costs, the violator may be sentenced to the county jail for a term of not more than 30 days. Whenever such person shall have been officially notified by the Township or by the service of a summons in a prosecution or in any other official manner that he is committing a violation of this article or the rules and regulations approved and hereinafter adopted, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.