[Added 6-16-1994 by Ord. No. 871]
A.
Only in the ROA, HBO and Industrial Districts, in addition to those uses by special exception stated in Article VIII, § 311-39, Article IX, § 311-45 and Article X, § 311-51, the land, buildings or premises shall be by special exception only for the following additional uses:
(1)
Adult arcade.
(2)
Adult cabaret, adult dance hall, adult club, adult
bar, adult tavern, nightclub, restaurant or similar commercial establishment.
(3)
Adult entertainment.
(4)
Adult material sales.
(5)
Adult mini motion picture theater.
(6)
Adult motel.
(7)
Adult motion picture theater.
(8)
Peep shows.
(9)
Sexual encounter center.
C.
For purposes of this chapter or Article XIX, measures shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment business is conducted, to the nearest property line of a school, house of worship and/or Borough-owned park.
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.
A.
An applicant or permittee shall permit representatives
of the police, Fire Marshall, Code Enforcement Officer or other Borough
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 opened 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 agent or employee violates the Zoning Chapter of the Borough
of Media (Ordinance No. 823) if he refuses to permit such lawful inspection
of the premises at any time it is occupied or opened for business.
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.
The Code Enforcement Officer shall revoke a permit if a cause of suspension set forth in § 311-131 occurred and the permit has been suspended within the preceding 12 months.
B.
The Code Enforcement Officer shall also have power
to revoke a permit if he determines that:
(1)
A permittee or any of the persons specified has given
false or misleading information or materials submitted to the Borough
during the application process.
(2)
A permittee or employee of the permittee has knowingly
allowed prostitution on the premises as defined by the Pennsylvania
Crime Codes.
(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.
(5)
A permittee is delinquent in payment of the Borough
or state for any taxes or fees past due.
C.
When the Code Enforcement Officer revokes the permit,
the revocation shall continue for one year and the permittee shall
not be issued an adult entertainment business permit for one year
from when the date of revocation became effective. If subsequent to
revocation the Code Enforcement 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 elapsed 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 licensee 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.
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:
