[HISTORY: Adopted by the Town Council of the Borough of West View 1-5-1977 by Ord. No. 1192 (Ch. 46 of the 1977 Code). Amendments noted where applicable.]
It is hereby declared that the purpose of this chapter is to control the distribution, sale, circulation and exposure of books, literature, magazines, pictures, drawings, photographs, movies and recordings devoted to the presentation and exploration of sexual acts, normal or perverted, lust, passion, depravity, violence, brutality, nudity and immorality and the distribution and sale of devices and implements designed to stimulate orgasm and other obscene materials through such business ventures commonly known as "adult bookstores." The provisions hereinafter described are enacted and their necessity in the public interest is hereby declared as a matter of legislative determination.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT BOOKSTORE
- Any business or business operation which sells, distributes or otherwise conveys any materials described in the definition of "obscene" herein.
- That which, to the average person, applying contemporary community standards, when considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest. Any book, magazine, picture, drawing, photograph, recording, movie or other literature or mechanical or electronic audio or visual reproduction and any implement or device designed to stimulate orgasm or any other material shall be "obscene" within the meaning of this chapter if it is established that:
- A. The dominant theme of the material taken as a whole appeals to a prurient interest.
- B. The material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters.
- C. The material is utterly without redeeming social value.
- Any individual, firm, corporation, partnership or any other type or form of business which may be conducted in this state.
No building, structure or premises shall be used or occupied as an adult bookstore and no literature or materials shall be distributed or sold within the Borough of West View without first having applied for a certificate of occupancy or a building permit from the Building Inspector and upon application to the Planning Commission of the Borough of West View for a special exception use. The Planning Commission shall have original jurisdiction and power to recommend to the Mayor and Council, subject to all other requirements of Chapter 290, Zoning, of the Code of the Borough of West View, and the Building Code and other applicable ordinances, pursuant to the terms of § 290-52.
At the time of any construction, use or occupancy of any building, structure or premises as an adult bookstore, there shall be provided two parking spaces for each 100 square feet of gross floor area devoted to such use, plus one for each employee. Compliance with § 290-14 is further required where applicable.
No signs shall be permitted on the exterior of the building, structure or premises occupied or used as an adult bookstore.
No person, firm or corporation operating an adult bookstore shall expose to public view, outside of the premises or building where contained, any contents described in the definition of "obscene."
The use or occupancy of any building, structure or premises as an adult bookstore at the time of the adoption of this chapter may continue, although such use does not conform to the regulations specified by this chapter, except that such use shall be made to conform to the provisions of Chapter 290, Zoning, within a period of one year after adoption of this chapter.