In adopting these standards which apply to adult businesses, the Township has made the following findings in regard to the secondary effects on the health, safety and welfare of the citizens of The Township. The findings are based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the Township, and on findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 427 U.S. 50 (1976), and Northend Cinema, Inc., v. Seattle. 585 P. 2d 1153 (Wash. 1978), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Saint Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Austin Texas; Seattle, Washington; Oklahoma City, Oklahoma; Beaumont, Texas; and New York City, New York; and also on findings found in the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, June 6, 1989, State of Minnesota.
A. Special exception; findings. Adult businesses are permitted as a special exception use in a C-1 District, provided that all lot requirements for retail trade uses in a C-1 District as set forth in the Schedule of Development Standards are met. In adopting the following standards which apply to adult businesses, the Township Board of Supervisors has made the following findings:
(1) The concern over sexually transmitted diseases is a legitimate health concern of Coolbaugh Township which demands reasonable regulation of adult businesses and adult uses in order to protect the health and well-being of the citizens.
(2) Classifying adult businesses as special exception uses and/or requiring an annual permit for the same are reasonable means of accountability to ensure that operators of adult businesses comply with reasonable regulations and conditions, and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
(3) There is convincing documented evidence that adult businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of property values and the decline of the overall character of the community. A number of municipal studies, including the 1986 Austin, Texas, study, have demonstrated this.
(4) It is generally recognized that adult businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighborhood blight and downgrading the quality of life in the adjacent area. A number of municipal studies, including the 1986 Austin, Texas, study, have demonstrated this.
(5) The Township desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life, preserve property values and protect the character of the surrounding community.
B. Intent. It is the intent of this subsection to:
(1) Regulate adult business in order to promote the public health, safety and welfare by minimizing the secondary effects on the community which are associated with such businesses.
(2) Designate a zoning district where adult businesses are permitted, and establish reasonable, content neutral standards applicable to such uses.
(3) Have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented or adult materials.
(4) Not totally restrict or deny access by adults to sexually oriented materials or adult materials protected by the First Amendment.
(5) Not deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(6) Not condone or legitimize the distribution of obscene material, or to encourage any violation of the Pennsylvania Crimes Code or Pennsylvania Obscenity Code.
C. Special exception criteria. Adult businesses are classified as special exception uses in C-1 Districts, which have been established throughout the Township for ease of access and which provide a suitable area for the development of such uses away from residential areas. In addition to the other applicable general standards and the use criteria contained in this chapter, the following standards shall apply to adult businesses:
(1) Setback. Adult businesses shall not be located within 150 lineal feet of any:
(a) Residence.
(b) Group care facility.
(c) Commercial enterprises catering to persons under 18 years of age.
(d) Church or synagogue.
(e) Public or private school.
(f) Public park or public recreation facility.
(g) Health facility.
(h) Any establishment that sells alcoholic beverages.
(2) Similar businesses. Adult businesses shall not be located within 500 lineal feet of any existing adult business.
(3) Measurement. The setback distance established in this subsection shall be as measured from the nearest edge of the building used for the subject use, measured in a straight line (without regard to intervening structures or objects) to the nearest lot line of the premises of a use from which the required setback applies.
(4) Enlargement. An existing, lawful adult business may be expanded as a special exception use once in total floor area by a maximum of 10% beyond the floor area that lawfully existed in such use at the time of adoption of this provision of this chapter.
(5) Limit of one use. It shall be a violation of this chapter for any person to cause or permit the operation, establishment or maintenance of more than one adult business in the same building, structure or portion thereof, or an increase of floor area of any adult business in any building, structure or portion thereof that contains another adult business.
(6) Nonconformity. Any adult business lawfully operating on the date of enactment of this chapter, that is in violation of any of the provisions of this subsection shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, altered or extended, except as permitted in
§ 400-56C(4). The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as defined in
Article III: Terminology and regulated by
Article XI: Nonconformities of this chapter be changed to any type of adult business.
(7) Location of new neighboring uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant or renewal of an adult business permit, a use from which an adult business is required to provide a setback under this section is developed within the required setback distance. This provision applies only to the renewal of a valid permit, and does not apply when the application for a permit is submitted after a permit has expired or the permit has been revoked.
(8) Alcohol. No adult business shall be operated in combination with the sale of alcoholic beverages.
(9) Visibility and signs. No sexually explicit material, signs, display or word shall be visible at any time from outside of the building. Exterior signs shall comply with the provisions of
Article XIII: Signs of this chapter; however, business identification signs shall be limited to a maximum of 30 square feet and signs attached to the building facade shall be limited to a total of 40 square feet. Content of such signs shall be limited to only the text of the name of the business and the hours of operation.
(10) Exemption for modeling class. It is a defense to prosecution under this subsection that a person appearing in a state of nudity did so in a modeling class operated:
(a) By a proprietary school, licensed by the state, or an academically accredited college or university.
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
(c) In a structure:
[1] Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
[2] Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
[3] Where no more than one nude model is on the premises at any one time.
[4] By an organization which qualifies under § 501(c)(3) of the U.S. Internal Revenue Code as a nonprofit organization or foundation.
D. Adult business permit.
(1) Permit required. Any person who operates an adult business without a valid permit issued by the Township is guilty of a violation of this chapter.
(2) Application. An application for a permit to operate an adult business must be made on a form provided by the Zoning Officer. The application must be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of total floor space to be occupied by the business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(3) Qualification; inspection. The applicant must be qualified according to the provisions of this chapter, and the premises must be inspected and found to be in compliance with the law by the Zoning Officer, and the fire department, if required, or their successor agencies/personnel.
(4) Signature. If the person who wishes to operate an adult business is an individual, he/she must sign the application for the permit as the applicant. For a person who wishes to operate an adult business as other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of an adult 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 a permit as applicant, and shall provide their home address and full legal name.
(5) Other permits. The fact that a person possesses other types of Township permits does not exempt the person from the requirement of obtaining an adult business permit.
(6) Action. The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of a full and complete application (and after the special exception has been approved by the Zoning Hearing Board), unless he/she finds one or more of the following to be true:
(a) An applicant is under 18 years of age.
(b) An applicant or an applicant's spouse is overdue in his/her payment to the Township of taxes, fees, fines or penalties assessed against him/her, or imposed upon him or her in relation to adult business.
(c) An applicant has failed to provide information recently necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
(d) An applicant is residing with a person who has been denied a permit by the Township to operate an adult business within the preceding 12 months or residing with a person whose license to operate an adult business has been revoked within the preceding 12 months.
(e) The premises to be used for the adult business has been reviewed and has been disapproved either by the Zoning Officer or the fire department as not being in compliance with any of the provisions in this chapter.
(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% of a corporate applicant, or any of the officers or directors of a corporate applicant (if the applicant is a corporation), or any of the partners, including limited partners (if the applicant is a partnership) or manager or other person in charge of the operation of the applicant's business has or have been convicted of an offense involving sexual misconduct within the United States of America, but not limited to, prostitution, aiding and abetting prostitution, obscenity, possession or sale of child pornography, corrupting the morals of minors, sale of pornography to minors, statutory rape, involuntary sexual intercourse or sexual assault. In order for approval to be denied pursuant to this subsection, such person or persons must have been convicted of such sexual misconduct within one year prior to the date of application in the event of summary offense, three years prior to the date of application in the event of a misdemeanor and 10 years prior to the date of application in the event of a felony.
(7) Posting. 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 business. The permit shall be posted in a conspicuous place at or near the entrance to the adult business so that it may be easily read at any time.
(8) Certification completion. The Zoning Officer, the fire department or their successor agencies/personnel, shall complete their certification if the premises are in compliance or not in compliance within 20 days of the receipt of the application by the Zoning Officer. The certification shall be promptly presented to the Zoning Officer.
(9) Manager. Each adult business shall provide the name of a responsible on-site manager as part of the permit. Such manager shall have the authority to ensure that the use complies with this chapter, in addition to the responsibilities held by the owners of the business. The business and home address and telephone numbers of such manager shall be reported in writing to the Zoning Officer. If such name, address or telephone number of such manager changes, the change shall be reported in writing to the Zoning Officer within one working day.
E. Fees and inspection of adult business.
(1) The annual fee for an adult business shall be established from time to time by resolution of the Township Board of Supervisors. Such fee is intended to fund administrative, review and inspection costs of the Township concerning the use.
(2) An applicant or permittee, and his/her employees, shall permit representatives of the police department and fire department and the Zoning Officer, to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time that the adult business is occupied or opened for business.
(3) A person who operates an adult business or his/her agent or employee is in violation of this chapter if he/she refuses to permit such lawful inspection of the premises at any time that the adult business is occupied or opened for business.
F. Expiration of permit for adult business.
(1) Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal shall be made at least 30 days before the expiration date and, when made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
(2) If the Zoning Officer denies renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial, except that after 90 days have elapsed since the date of denial, the applicant may be granted a permit if the Zoning Officer finds that the basis for denial of the renewal permit has been corrected and abated. Nothing herein is intended to limit or impair the right of any applicant to appeal to the Zoning Hearing Board from a decision of the Zoning Officer. In the event that the Zoning Hearing Board, after hearing, reverses the Zoning Officer's decision, this subsection shall not apply.
G. Suspension of permit. The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he/she determines that a permittee or an 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 business premises.
(3) Allowed a visibly intoxicated person on the premises at any time that the adult business is open for business.
(4) Refused to allow an inspection of an adult business premises as authorized by this chapter.
(5) Knowingly permitted gambling by any person on an adult business premises.
H. Revocation of permit.
(1) The Zoning Officer shall revoke the permit if a cause or suspension set forth in
§ 400-56G above occurs, and the permit has been suspended within the preceding 12 months.
(2) The Zoning Officer shall revoke the permit if he determines that:
(a) A permittee or any other person specified in
§ 400-56D(6)(h) is or has been convicted of the offenses specified in the said subsection.
(b) A permittee gave false or misleading information in the materials submitted to the Township during the application process.
(c) A permittee or an employee of a permittee has knowingly allowed possession, use or sale of controlled substances on the premises.
(d) A permittee or an employee of a permittee has knowingly allowed prostitution or solicitation for prostitution on the premises.
(e) A permittee or an employee of a permittee knowingly operated the adult business during a period of time when the permittee's permit was suspended.
(f) A permittee or an employee of a permittee knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other explicit sexual conduct to occur in or on the permitted premises.
(g) A permittee is delinquent in payment to the Township of any fees relating to adult businesses.
(3) If the Zoning Officer revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued an adult business permit for one year from the date revocation became effective, except that if the revocation is pursuant to
§ 400-56H(2)(a), the revocation shall be effective for one year for a summary offense; two years in the event of a misdemeanor; or five years in the event of a felony.
(4) After denial of an application, or denial of a renewal of application or suspension or revocation of a permit, the application or licensee or permittee shall have the right to appeal the Zoning Officer's determination to the Zoning Hearing Board and from there to the Court of Common Pleas.
I. Transfer of permit. A permittee shall not transfer his permit to another person unless such transferee submits an application pursuant to this chapter. A permittee shall not operate an adult business under a permit at any place other than the address designated in the application.
In the C-1 District, this use is permitted as a special exception.
