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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or involved wherein coin-operated, slug-operated or electronically or mechanically controlled still or motion-producing devices are maintained to show images to five or fewer persons per machine at any one time, or where the image is to be displayed, distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
ADULT CABARET, ADULT DANCE HALL, ADULT CLUB, ADULT BAR, ADULT TAVERN AND NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENT OFFERING ADULT ENTERTAINMENT. Any cabaret, dance hall, club, tavern, bar, nightclub, restaurant or similar commercial establishment offering entertainment that presents material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein, whether or not liquor is sold on the premises. Such presentation of material may be live or through films, motion pictures, video cassettes, slides or other photographic reproductions depicting or describing specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT. Live or non-live entertainment containing specified sexual activities or displaying or presenting specified anatomical areas. This is a broad overall definition which includes the activities offered, displayed or presented by an adult cabaret, adult dance hall, adult club, adult bar, adult tavern, adult materials sale, adult mini-motion picture theater, adult motion picture theater and peep show.
ADULT MATERIALS SALES.
(1) Book, video or magazine sales, or sales and/or rentals of other printed matter, photographs, films, motion picture videos, production slides or other visual representations, where either the materials, the advertising or the displays or the signs in or out of the locations, offer written material showing, displaying or presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities, or are displayed in such a way that only the name of the book or magazine appears; and
(2) A. Those instruments, devices or paraphernalia which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
B. Commercial establishments described herein 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 characterized as adult material sales establishments. Such other business purposes will not serve to exempt such a commercial establishment from being categorized as an adult material sales establishment so long as one of its principal business purposes is the offering for sale or rental for consideration of materials distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
ADULT MINI-MOTION PICTURE THEATER. Any enclosed or semi-enclosed building which houses a commercial establishment with a capacity for fewer than 50 persons and used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTEL. A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. Any enclosed or partially enclosed building which houses a commercial establishment, with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein.
APPLICANT. A person who applies, by filling out an application, for a permit for an adult entertainment business.
CERTIFICATION. Occurs when the Code Enforcement Officer, after inspection of any premises for adult entertainment, writes a report to the Zoning Officer regarding compliance or noncompliance of said premises with the provisions of this chapter.
ESTABLISHMENT.
(1) The opening or commencement of any adult entertainment business as a new business;
(2) The conversion of an existing business, whether or not it is an adult entertainment business, to an adult entertainment business;
(3) The addition of any adult entertainment business to any other existing adult entertainment business; or
(4) The relocation of any adult entertainment business.
NUDITY and STATE OF NUDITY. The appearance of specified anatomical areas without any coverings on the body area.
PEEP SHOW. Any enclosed, semi-enclosed or unenclosed building/enclosure which houses a commercial establishment, with a capacity for one person, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas for observation by persons therein.
PERMITTEE and LICENSEE. A person who has been issued a permit and/or license to operate an adult entertainment business, as well as any individual listed as the applicant on the application for a permit and/or license.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE and SEMI-NUDITY. The state of dress in which clothing partially or opaquely covers specified anatomical areas.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
SPECIFIED ANATOMICAL AREAS. Human genitals, the pubic region, the anus, the buttocks, female breasts below a point immediately above the top of the areola, and/or female breasts partially or completely covering the areola.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts or simulated acts of human masturbation, sexual intercourse, sodomy or oral copulation;
(3) Fondling or other erotic touching of human genitals, the pubic region, the buttocks, the anus or female breasts; or
(4) Excretory functions as part of or in connection with any activities described in subsections (1) to (3) above.
TRANSFER OF OWNERSHIP OR CONTROL.
(1) The sale, lease or sublease of a business;
(2) The transfer of securities that 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 device that transfers the ownership or control of the business, except for transfer by a bequest or other operation of law upon the death of a person possessing the ownership or control.
ZONING OFFICER. Any township official authorized to enforce the ordinances of the township, including, but not limited to, the Building Inspector.
(Ord. 896, passed 12-21-2011)
(a) Special exception uses.
(1) In LI Limited Industrial Districts, the following uses of land, buildings or premises shall be by special exception only:
A. Adult arcade;
B. Adult cabaret, adult dance hall, adult club, adult bar, adult tavern, nightclub, restaurant or similar commercial establishment;
C. Adult entertainment;
D. Adult materials sales;
E. Adult mini-motion picture theater;
F. Adult motel;
G. Adult motion picture theater;
H. Peep shows; and
I. Sexual encounter center.
(2) These uses are allowed by permit only in LI Districts if the property on which the use is carried out is greater than 500 feet from the property line of a school, house of worship, township-owned park, residential district or any other adult use establishment as listed above.
(3) For purposes of this chapter, measures shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment business is conducted, to the nearest property line of a school, house of worship, township-owned park and/or residential district.
(b) Permit process. The Zoning Officer upon submission to the township of an application shall present the applicant with a building permit for an adult entertainment business, as follows.
(1) In LI Districts, a permit shall be issued only if the applicant is successful in obtaining a special exception for the proposed type of adult entertainment and the application successfully meets all health, use and occupancy and/or building permit requirements, as set forth in pertinent ordinances, and the location of the use is demonstrated to comply with subsection (a) above.
(2) The application for a permit to operate an adult entertainment business must be made on the form provided by the Zoning Officer. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but at least be drawn to a designated scale or drawn with marked dimensions on the interior and exterior of the premises to an accuracy of plus or minus six inches.
(3) The applicant must be qualified, according to the provisions of this chapter, and the premises must be inspected and found to be in compliance with the law by the Zoning Officer, the Fire Marshal and the Police Department.
(4) If a person wishes to operate an adult entertainment business as an individual, he or she must sign the application for the permit as an applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for the permit as an applicant. If a corporation is listed as the owner of an adult entertainment business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for the permit as an applicant.
(5) The fact that a person possesses other kinds of township permits does not exempt that person from the requirement of obtaining an adult entertainment business permit.
(6) The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after the applicant is awarded a special exception by the Zoning Hearing Board. The Zoning Officer will not approve a permit if he or she finds one or more of the following to be true:
A. The applicant is under 18 years of age;
B. The applicant or the applicant’s spouse is overdue on his or her payment to the township of taxes, fees, fines or penalties assessed against him or her or imposed upon him or her in relation to an adult entertainment business;
C. The applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form;
D. The permits to be used for the adult entertainment business have been reviewed and have been disapproved by either the Zoning Officer, the Fire Marshal or the Police Department as not being in compliance with applicable laws;
E. The permit fee required by this chapter has not been paid, or the requirements for health, use and occupancy and/or building permits have not been complied with, or the fees for the same were not paid; and/or
F. The applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(7) The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult entertainment business. The permit shall be posted in a conspicuous place at or near the entrance of the adult entertainment business so that it may be read at any time.
(8) The permit, if granted, shall have a life of one year from the date of issuance. The applicant must file another application before the expiration of the permit in order to continue doing business without interruption. Application for renewal should be made at least 30 days before the expiration date. When an application is made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit. All of the provisions of this chapter must be complied with as if a new permit were being issued.
(9) The Zoning Officer, the Fire Marshal and the Police Department shall, within 20 days of receipt of the application by the Zoning Officer, complete their certification that the premises are in compliance or not in compliance with the provisions of this chapter. This certification shall be promptly presented to the Zoning Officer.
(10) If the Zoning Officer denies the renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial, except that after 90 days from the date of denial, the applicant shall be granted a permit if the Zoning Officer finds that the basis of the denial has been corrected or abated.
(Ord. 896, passed 12-21-2011)
(a) An applicant or permittee shall permit representatives of the Police Department, the Fire Marshal, the Zoning Officer or other township departments or agencies to inspect the premises of an adult entertainment business for the purpose of ensuring compliance with the law at any time the adult entertainment business is occupied or open for business. These inspection departments/agencies shall certify in writing to the Code Enforcement Officer whether compliance is achieved.
(b) A person who operates an adult entertainment business or his or her agent or employee shall be deemed to be in violation of this Zoning Code if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(Ord. 896, passed 12-21-2011)
The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he or she determines that an employee of the permittee has:
(a) Violated or is not in compliance with any section of this chapter or other provisions of this Zoning Code;
(b) Engaged in excessive use of alcoholic beverages while on the adult entertainment premises; or
(c) Refused to allow an inspection of the adult entertainment premises as authorized by this chapter.
(Ord. 896, passed 12-21-2011)
(a) The Zoning Officer shall revoke a permit if a cause for suspension as set forth in § 1298.06 occurred and the permit has been suspended within the preceding 12 months.
(b) The Zoning Officer shall also have the power to revoke a permit if he or she determines that:
(1) A permittee or any of the persons specified has given false or misleading information or materials to the township during the application process;
(2) A permittee or employee of the permittee has knowingly allowed prostitution on the premises as defined by the Pennsylvania Crimes Code;
(3) A permittee or employee of the permittee knowingly operated the adult entertainment business during a period of time when the permittee’s permit was suspended or revoked;
(4) A permittee or employee of the permittee knowingly allowed any action of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted premises; or
(5) A permittee is delinquent in payment to the township or state for any taxes or fees past due.
(c) When the Zoning Officer revokes a permit, the revocation shall continue for one year and the permittee shall not be issued an adult entertainment business permit for one year from the date the revocation became effective. If, subsequent to revocation, the Zoning Officer finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least 90 days have passed 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 a permit, the applicant or permittee 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.
(Ord. 896, passed 12-21-2011)
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