1. Adult entertainment facilities require the passage of a special exception by the Zoning Hearing Board. A special exception shall not be granted by the Zoning Hearing Board unless and until all the following conditions have been met:
A. Adult entertainment facilities shall be permitted only in the I Industrial District.
B. Adult entertainment facilities shall not be permitted to be located within 1,000 feet of other adult entertainment facilities or of any public or private school, child daycare center, nursery school, public recreation facility or any church or other house of worship.
C. No materials, merchandise, film, videotapes or any other item offered for sale, rent, lease, loan or view upon the premises, or advertising same, shall be exhibited, displayed or visible outside of the building or structure.
D. Any building or structure used or occupied as an adult entertainment facility shall be windowless or have an opaque covering over all windows or doors or any area in which materials, merchandise film or personnel could otherwise be visible from outside the building or structure.
E. No sign shall be erected or placed upon the premises depicting or giving a visual representation of the type of materials, merchandise film, videotape or entertainment offered therein.
F. Each entrance to the premises shall be posted with a notice of at least 4 square feet specifying that the structure is an adult entertainment facility, that persons under the age of 18 years are not permitted to enter therein and warning all other persons that the building contains sexually explicit material.
G. The applicant must provide a sketch or diagram showing the floor plan of the premises, including the total floor space and the location of the building on the lot.
H. The adult entertainment facility shall comply with all other Borough ordinances or Federal, State or County requirements.
2. Once a special exception has been granted by the Zoning Hearing Board, applicant shall apply to the Zoning Officer for a permit.
A. Any person who operates an adult entertainment facility without a valid permit issued by the Borough is in violation of the Chapter.
B. The application shall be on a form provided by the Zoning Officer and shall be accompanied by a sketch or diagram as required subsection .1.G, above.
C. The applicant shall provide the same information to the Zoning officer as required in subsection .1, above.
3. Issuance of Permit. The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of application which complies with subsection .2, above, unless he/she finds one or more of the following:
A. An applicant is under the age of 18 years of age.
B. An applicant or his/her spouse is overdue in their payment to the Borough of taxes, fees, fines or penalties assessed against him/her in relation to adult entertainment facilities or the property on which it is or is to be located.
C. An applicant has failed to provide information reasonably necessary for the issuance of the permit or has falsely answered a question or request for information on the application form.
D. An applicant is residing with or married to a person who has been denied a permit by the Borough to operate an adult entertainment facility within the preceding 12 months or is residing with a person whose license to operate an adult entertainment facility has been revoked within the preceding 12 months.
E. The premises to be used for the adult entertainment facility are not in compliance with this Chapter or any other ordinance of the Borough.
F. The permit fee required by this Chapter has not been paid.
G. An applicant of the proposed establishment is in violation of, or is not in compliance with, any of the provisions of this Chapter.
H. An individual applicant or any individual holding a direct or indirect interest of more than 10 percent, or a corporate applicant or any of the partners, including limited partners of a partnership or the manager or other person in charge of the operation of the business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of if Pennsylvania, within 2 years of the date of the application in the event of a misdemeanor, and within 5 years of the date of an application in the event of a felon.
I. The proposed activities violate any Federal or State law regarding sexual conduct, sexually explicit nudity, obscenity or pornography.
J. If the Zoning Officer or Codes Enforcement Officer denies a license or denies the renewal of a license, the applicant shall not be issued a permit for 1 year from the date of denial, except that the applicant can re-apply after he/she has corrected or cured the defects which caused denial.
4. A 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 facility. The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment facility so that it may easily be read at any time.
5. Each permit shall be for a period of 1 year, shall be renewable on an annual basis, shall be renewable only upon application by thee applicant and must at the time of application comply with all of the conditions of this Section.
6. The applicant shall pay an annual fee for the adult entertainment facility in
the amount of $250 an amount as established from time to time by resolution of Borough Council. [A.O.]
7. Inspection An applicant or permittee shall permit representatives of the Borough, including the Zoning Officer, Codes Enforcement Officer or other designated Borough officials and members representative of the Police Department serving the Borough, to inspect the premises of an adult entertainment facility for the purpose of ensuring compliance with this Chapter and the law, at any time that the adult entertainment facility is occupied and open for business. A failure or refusal to permit such inspection shall be the basis for revocation or suspension of the permit and shall constitute a violation of this Chapter.
8. Suspension or Revocation of Permit.
A. The Zoning Officer shall suspend a permit for a period not exceeding 30 days if he/she determines that a permittee or employee of a permittee has:
(1) Violated or is not in compliance with any Section of this Chapter.
(2) Engaged in excessive use of alcoholic beverages while on the adult entertainment facility's premises.
(3) Refused to allow an inspection of the adult entertainment facility premises as permitted by this Section.
(4) Knowingly permitted gambling by any person on the adult entertainment facility premises.
B. Revocation of Permits. The Zoning Officer shall revoke a permit if he/she determines that a permittee, or an employee of a permittee, has:
(1) Been arrested for or charged with violating any law of the Commonwealth of Pennsylvania relating to sexual conduct, sexually explicit nudity, obscene material or pornography, or the Liquor Code, 47 P.S. §1-101 et seq., or the Pennsylvania Crimes Code, 18 Pa.C.S.A §101 et seq., relating to gambling on the premises of the adult entertainment facility.
(2) Such revocation shall be rescinded and the permit shall be reinstated in the event that the permittee or employee of a permittee is adjudicated or adjudged not guilty of such offense or is placed in the accelerated rehabilitative disposition program.
(3) A permit shall be revoked if a cause for suspension occurs and the permit has been suspended or revoked within the preceding 12 months.
(4) An applicant has provided false or misleading information or incomplete information in the permitting process as set forth in subparagraphs (1), (2) and (3) this paragraph.
(5) A revocation shall continue for 1 year and the permittee shall not be issued an adult entertainment facility permit for 1 year from the date revocation became effective, except in the case of a revocation for conviction of a misdemeanor as described in subsection .3.H, in which case the revocation shall be effective for 2 years or a felony, as set out in subsection .3.H, in which case the revocation shall be for 5 years.
9. Remedies. In addition to remedies for violation of this Chapter, a person who operates or causes to be operated an adult entertainment facility without a valid permit or in violation of this Chapter may be subject to an action in equity, or a suit for injunction or such other actions as shall be permitted by law, at the discretion of the Borough.
(Ord. 244A, 3/3/1975, Art. V; as added by Ord. 377, 10/12/1998, §3; and as amended by A.O.)