§ 13-71. License Required., Part 8. ADULT ORIENTED BUSINESSES, Chapter 13. Licenses, Permits and General Business Regulations, Municipal Code, Code of Ordinances, Aspinwall

It is unlawful:

(1)

For any person to operate a adult oriented business without a valid adult oriented business license issued by the Borough pursuant to this Part.

(2)

For any person who operates a adult oriented business to employ a person to work for the adult oriented business who is not licensed as a adult oriented business employee by the Borough pursuant to this Part.

(3)

For any person to obtain employment with a adult oriented business without having secured a adult oriented business employee license pursuant to this Part.

(4)

Beginning on the sixtieth day after enactment of this Part for any person to continue to operate any adult oriented business in operation at the time of enactment of this Part without a valid adult oriented business license pursuant to this Part.

(5)

Beginning on the sixtieth day after enactment of this Part for any person who operates a adult oriented business in operation at the time of enactment of this Part to employ a person to work for the adult oriented business who is not licensed as a adult oriented business employee by the Borough pursuant to this Part.

(6)

Beginning on the sixtieth day after enactment of this Part for any person to obtain employment with a adult oriented business in operation at the time of enactment of this Part without having secured a adult oriented business employee license pursuant to this Part.

An application for a license must be made on a form provided by the Borough.

All applicants must be qualified according to the provisions of this Part. The application may request and the applicant shall provide such information (including fingerprints) as to enable the Borough to determine whether the applicant meets the qualifications established in this Part.

If a person who wishes to operate a adult oriented business is an individual, the person must sign the application for a license as an applicant. If a person who wishes to operate a adult 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 an applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.

The completed application for a adult 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, the name of all partners, whether the partnership is general or limited, and provide 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 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 oriented business under a name other than that of the applicant, he or she must state: (1) the adult oriented business' fictitious name; and (2) 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 Part and, if so, the specified criminal activity involved and 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 Part or other similar adult oriented business ordinance from another municipality, state or county denied, suspended or revoked, including the name and location of the adult oriented business for which the license 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 Part whose license has previously been denied, suspended or revoked, including the name and location of the adult oriented business for which the license 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 Part or other similar adult 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 adult oriented use for which the applicant is filing along with a detailed description of each and every activity encompassed by the proposed adult oriented business, which description shall thoroughly demonstrate compliance and/or intended compliance with all provisions of this Part.

(7)

The location of the proposed adult 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 (within six months) photograph of the applicant(s).

(10)

The applicant's drivel'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 30 days prior to application by a registered land surveyor depicting the property lines, the survey to be certified.

(13)

If an applicant wishes to operate a adult oriented business which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 13-811 of this Part 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: (1) separate applications are required for any necessary zoning permits, subdivision and land development approvals or building and occupancy permits and that the applicant may apply for such permits by contacting the Borough Zoning Officer or Building Official and (2) that Department of Labor and Industry approval is required.

Before any applicant may be issued a adult oriented business employee license, the applicant shall submit on a form to be provided by the Borough the following information:

(1)

The applicant's name and any other names (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.

(8)

Proof that the individual is at least 18 years of age.

Attached to the application form for a adult oriented business employee license, as provided above, shall be the following:

(1)

A recent color photograph (within six months) 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 the photographs and fingerprints shall be paid by the applicant.

(2)

A statement detailing the business 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, state the name of the business, 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 Part and, if so, the specified criminal activity involved and the date, place and jurisdiction of each.