The Code Enforcement Officer upon the Borough
application present applicant with a building permit for adult entertainment
business(es) as follows:
A. In the ROA, HBO and Industrial Districts, a permit shall be issued only if the applicant is successful in obtaining a special exception for the proposed type of adult entertainment and the application successfully meets all health, use and occupancy and/or building permit requirements as defined in the pertinent ordinances and their amendments/revisions in Article
XV of this chapter and the location of said use is demonstrated to comply with §
311-127, Article
XIX.
B. The application for a permit to operate an adult entertainment
business must be made on the form provided by the Code Enforcement
Officer of the Borough. The application must be accompanied by a sketch
or diagram showing the configuration of the premises, including a
statement of the total floor space occupied by the business. The sketch
or diagram need not be professionally prepared, but at least be drawn
to a designated scale or drawn with marked dimensions on the interior
and exterior of the premises to an accuracy of plus or minus six inches.
C. The applicant must be qualified according to the provisions of Article
XIX and the premises must be inspected and found to be in compliance with the law by the Code Enforcement Officer, the Fire Marshal and the police.
D. If a person wishes to operate an adult entertainment
business as an individual, he (she) must sign the application for
permit as an applicant. If a person who wishes to operate an adult
entertainment business is other than an individual, each individual
that has 10% or greater interest in the business must sign the application
for permit as applicant. If a corporation is listed as owner of an
adult entertainment business or as the entity which wishes to operate
such a business, each individual having a direct or indirect interest
of 10% or greater in the corporation must sign the application for
permit as applicant.
E. The fact that a person possesses other types of Borough
permit(s) does not exempt the person from the requirement of obtaining
an adult entertainment business permit.
F. The Code Enforcement Officer shall approve the issuance
of a permit to an applicant within 30 days after applicant is awarded
a special exception by the Zoning Hearing Board of the Borough of
Media and will not approve a permit if the Code Enforcement Officer
finds one or more of the following to be true:
(1) Applicant is under 18 years of age.
(2) Applicant or applicant's spouse is overdue on his
or her payment to the Borough of taxes, fees, fines or penalties assessed
against him or her or imposed upon him or her in relation to an adult
entertainment business.
(3) Applicant has failed to provide information reasonably
necessary for issuance of the permit or has falsely answered a question
or request for information on the application form.
(4) Permit to be used for the adult entertainment business
has been reviewed and has been disapproved by either the Code Enforcement
Officer, the Fire Marshal or the police as not being in compliance
with the applicable laws and ordinances.
(5) The permit fee required by this chapter has not been
paid or the permit fees for health, use, occupancy and/or building
permits have not been complied with or the fee was not paid before.
(6) Applicant of the proposed establishment is in violation
of or is not in compliance with any of the provisions of this chapter.
G. The 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 business. The permit
shall be posted in a conspicuous place at or near the entrance of
the adult entertainment business so it can be read at any time.
H. The permit, if granted, shall have a life of one year
from the date of issuance. At that time the applicant must file another
application before the expiration of the permit in order to continue
doing business without interruption. Application for renewal should
be made at least 30 days before the expiration date. When an application
is made less than 30 days before the expiration date, the pendency
of the application will not prevent the expiration of the permit.
Again, all of the above rules listed in this section and the entire
article must be complied with as if a new permit is being issued.
I. The Code Enforcement Officer, Fire Marshall and the
police shall complete their certification that the premises is in
compliance or not in compliance within 20 days of receipt of the application
by the Code Enforcement Officer. This certification shall be promptly
presented to the Code Enforcement Officer.
J. If the Borough Code Enforcement Officer denies a renewal
of a license, the applicant shall not be issued a permit for one year
from the date of denial, except that after 90 days of lapse since
the date of denial, the applicant may be granted a permit if the Code
Enforcement Officer finds that the basis for denial of the renewal
permit has been corrected or abated.
The annual fee for an adult entertainment business
permit is $500.
The Code Enforcement Officer shall suspend a
permit for a period not to exceed 30 days if he determines that a
permittee or an employee of the permittee has:
A. Violated or is not in compliance with any section
of this article or the Zoning Chapter.
B. Engaged in excessive use of alcoholic beverages while
on the adult entertainment premises.
C. Refused to allow an inspection of the adult entertainment
premises as authorized by this article.
A permittee shall not transfer his permit to
another person, nor shall a permittee operate an adult entertainment
business under the authority of a permit at any place other than the
address designated within the application.
As a defense to prosecution under this article
that a person appearing in a state of nudity did so in a modeling
class operated as follows:
A. By a proprietary school licensed by the Commonwealth
of Pennsylvania or college, junior college or university supported
entirely or partly by taxation.
B. By a private college or university which maintains
and operates an educational programs in which credits are transferable
to any college, junior college or university supported entirely or
partly by taxation.
A person who operates or causes to be operated
an adult entertainment business without a valid permit or in violation
of this article is subject to an action in equity or a suit for injunction
as well as citations for violations of the Zoning Chapter.
A person who operates or causes to be operated
an adult entertainment business is guilty of a violation and will
be fined $1,000 per day of violation if in violation of the Zoning
Chapter if:
A. He/she operates such a business within 1,000 feet of the places mentioned in §
311-127.
B. He/she operates such a business outside the districts as listed in §
311-127.
C. He/she operates such a business when a special exception
has not been granted for location of this use.