Sexually oriented businesses are classified as follows:
B. Adult bookstores or adult video stores;
C. Adult mini motion-picture theaters;
E. Adult motion-picture theaters;
H. Sexual encounter centers; and
I. Any other adult-oriented establishment.
The Township will establish an annual fee for an occupancy permit
for a sexually oriented business.
Each permit shall expire one year from the date of issuance
and may be renewed only by making application to the Zoning Officer.
Applications for renewal should be made at least 30 days before the
expiration date and, when made fewer than 30 days before the expiration
date, the pendency of the application will not prevent the expiration
of the permit.
The Zoning Officer/Building Inspector or an inspector shall
suspend a permit for a period not to exceed 30 days if he determines
that a permittee or an employee of a permittee has:
A. Violated or is not in compliance with any section of this article;
B. Engaged in excessive use of alcoholic beverages while on the sexually
oriented business premises;
C. Refused to allow an inspection of the sexually oriented business
premises as authorized by this article;
D. Knowingly permitted gambling by any person on the sexually oriented
business premises; or
E. Failed to man managers' stations and/or maintain viewing rooms.
A permittee shall not transfer his permit to another person.
A permittee shall not operate a sexually oriented business under the
authority of a permit at any place other than the address designated
in the application.
It is a defense to prosecution under this section that a person
appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licensed by the Commonwealth of Pennsylvania,
or a college, junior college or university supported entirely or partly
by taxation;
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; or
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; and
(2)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3)
Where no more than one nude model is on the premises at any
one time.
A person who operates or causes to be operated a sexually oriented
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 Ordinance.
Township of Shaler Ordinance No. 1714 and all other ordinances
or parts of ordinances are repealed insofar as they conflict with
the provisions of this article; however, such repeal shall not affect
any act done or any liability accrued under any such prior ordinance
herein repealed or superseded, and all such liabilities or violations
shall continue and may be enforced in the same manner as if such repeal
or supersession had not been made; and any offense or violation committed
and any penalty or forfeiture incurred under any such ordinance herein
repealed or superseded may be prosecuted in the same manner as if
this article had not been approved.