Bill Text: PA HB303 | 2009-2010 | Regular Session | Introduced

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Bill Title: Regulating sexually oriented businesses; providing for licenses, for licensure requirements, for inspections and for enforcement; and prescribing penalties.

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Introduced - Dead) 2009-02-09 - Referred to HEALTH AND HUMAN SERVICES [HB303 Detail]

Download: Pennsylvania-2009-HB303-Introduced.html

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PRINTER'S NO. 325
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 303 Session of2009
INTRODUCED BY CLYMER, BAKER, BOYD, FLECK, GROVE, KORTZ, LONGIETTI, RAPP, ROHRER AND STERN, FEBRUARY 9, 2009
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 9, 2009
AN ACT
Regulating sexually oriented businesses; providing for licenses,
for licensure requirements, for inspections and for
enforcement; and prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Sexually
Oriented Businesses Licensing Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Nude." Either of the following:
(1) Entirely unclothed.
(2) Clothed in a manner that leaves uncovered or visible
through less than fully opaque clothing any portion of the
breasts below the top of the areola of the breasts, if the
person is female, or any portion of the genitals or buttocks.
"Secretary." The Secretary of Health of the Commonwealth.
"Sexually oriented business."
(1) A nightclub, bar, restaurant or similar commercial
enterprise that:
(i) Provides for an audience of two or more
individuals live nude entertainment or live nude
performances.
(ii) Authorizes, allows or permits in any manner the
on-premises consumption of alcoholic beverages,
regardless of whether the consumption of alcoholic
beverages is under a license or permit issued under the
act of April 12, 1951 (P.L.90, No.21), known as the
Liquor Code.
(2) The term excludes a theatre as defined in section 2
of the act of June 5, 1937 (P.L.1656, No.344), known as the
Store and Theatre Tax Act.
"Sexually oriented business license." The license required
by section 3.
Section 3. License required.
A sexually oriented business may not operate unless the owner
of the business obtains a sexually oriented business license. A
separate sexually oriented business license shall be required
for each sexually oriented business owned and operated by an
individual.
Section 4. Requirements for licensure.
(a) General rule.--The department is hereby authorized and
directed to issue the sexually oriented business license
required by section 3 to applicants who meet the requirements of
this section.
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(b) Renewal.--The sexually oriented business license shall
be subject to renewal annually by the department that initially
issued the license.
(c) Application.--The department shall establish an
application for a sexually oriented business license and an
application for the annual renewal of a sexually oriented
business license.
(d) Basis for license and renewal.--The initial sexually
oriented business license shall not be issued unless, after
inspection, the department determines that the applicant is in
compliance with:
(1) This act and any regulations promulgated under this
act.
(2) The applicable health and environmental statutes and
regulations of this Commonwealth.
(e) Regulations to be promulgated.--The department shall
promulgate regulations detailing the necessary requirements to
obtain a sexually oriented business license. Topics to be
covered by regulation include, but are not limited to:
(1) Interior plan.
(2) Presence of minors.
(3) Prohibited apertures.
(4) Illumination and visibility.
(5) Inspection of premises.
(6) Background checks of potential licensees.
(f) Fees.--The department shall by regulation establish fees
for the sexually oriented business license and for the renewal
of a sexually oriented business license. Fees shall be
established so that licensing sexually oriented businesses does
not impose any financial burden on the department or the
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taxpayers of this Commonwealth.
Section 5. Restrictions.
(a) Location.--No sexually oriented business license shall
be granted to anyone who attempts to locate a sexually oriented
business within 1,000 feet of any pre-existing primary or
secondary school, house of worship, State-licensed day care
facility, public library, public park, residence or other
sexually oriented business. For purposes of this subsection,
measurements shall be made in a straight line, without regard to
intervening structures or objects, from the closest portion of
the parcel containing the sexually oriented business to the
closest portion of the parcel containing the pre-existing
primary or secondary school, house of worship, State-licensed
day care facility, public library, public park, residence or
sexually oriented business.
(b) Patrons.--No sexually oriented business shall knowingly
allow a person under 21 years of age on the premises.
Section 6. Penalties.
(a) Licensure.--It shall be unlawful for an individual to
own or operate a sexually oriented business in this Commonwealth
unless the individual has obtained a sexually oriented business
license from the department. An individual willfully violating
any of the provisions of this act commits a misdemeanor of the
third degree.
(b) Injunction.--The unlawful practice of owning or
operating an unlicensed sexually oriented business may be
enjoined by the courts on petition of the department. In any
such proceeding, it shall not be necessary to show that any
person is individually injured by the actions complained of. If
the respondent is found guilty of the unlawful practice of
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owning or operating a sexually oriented business, the court
shall enjoin the respondent from so practicing unless the
respondent has been duly licensed. Procedure in such cases shall
be the same as in any other injunction suit. The remedy of
injunction shall be in addition to any criminal prosecution and
punishment.
(c) Civil penalties.--The department may impose an
administrative penalty of up to $5,000 upon any individual
unlawfully owning or operating a sexually oriented business in
this Commonwealth.
Section 7. Disposition of certain moneys.
All fees, fines and civil penalties imposed in accordance
with this act and subsequently collected shall first be used by
the department in carrying out the provisions of this act. If
the funds raised by penalties and fees under this act are not
sufficient to meet the department's administrative costs over a
two-year period, the department may promulgate regulations to
increase those penalties and fees so that the projected funds
will meet the department's projected costs. Any moneys in excess
of that amount shall be forwarded by the secretary to the
Department of Public Welfare for use for victims of rape in
accordance with the provisions of section 2333 of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929. The Commonwealth shall certify that such moneys
will not be used to supplant Federal and State funds otherwise
available for rape victim services.
Section 8. Effective date.
This act shall take effect in 60 days.
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