(A) These businesses have potential negative secondary impacts upon the community, including:
(1) Frequent use for unlawful sexual activities, including prostitution and public sexual liaisons of a casual nature;
(2) The concern over sexually transmitted diseases is a legitimate health concern of the borough, which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens;
(3) There is convincing documented evidence of a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values;
(4) Serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighboring blight and downgrading the quality of life in the adjacent area; and
(5) Permitting and/or licensing is a legitimate and reasonable means of accountability to ensure that the operators of sexually oriented businesses comply with reasonable regulations and to ensure that the operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. However, it is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance, which addresses the secondary effects of sexually oriented businesses. Nor is it the intent of the borough to condone or legitimize the distribution of obscene material.
(B) Sexually oriented business, as defined herein, shall be permitted as a conditional use, provided:
(1) The proposed business does not lie within 500 feet of:
(a) A place of worship;
(b) A public or private pre-elementary, elementary or secondary school;
(c) A public library;
(d) A child care facility or nursery school;
(e) A public park adjacent to any residential district; and/or
(f) A child-oriented business.
(2) The proposed business does not lie within 500 feet of another adult entertainment business;
(3) Compliance with all other applicable local codes and licenses is presented to the Borough Council; and
(4) Visibility from the street: no sexually oriented business shall permit, or cause to be permitted, any stock in trade or sign which depicts, describes or relates to specified sexual activities and/or specified anatomical areas as defined under any borough ordinance, to be viewed from the street, sidewalk or highway.
(1980 Code, Ch. 28, Part 4, § 28-429) (Ord. 1419, passed 9-16-2013, § 429) Penalty, see § 156.999