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(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)
It shall be a defense to a prosecution under this chapter that any person appearing in a state of nudity did so in a modeling class, operating as follows:
(a) By a proprietary school licensed by the commonwealth or a college, junior college or university supported entirely or partly by taxation; or
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to any college, junior college, or university supported entirely or partly by taxation.
(Ord. 896, passed 12-21-2011)
Any person who operates or causes to be operated an adult entertainment business without a valid permit or in violation of this chapter is subject to an action in equity or a suit for injunction as well as citations for violations of this Zoning Code.
(Ord. 896, passed 12-21-2011)
