(1) Permits required. A permit to operate an adult use shall only be issued if the applicant is successful in obtaining a conditional use for the proposed adult use and the applicant successfully meets all health, use, occupancy and/or building permit requirements as defined in the pertinent codes and ordinances of Marple Township and the pertinent BOCA codes as the same may be from time to time amended.

(2) Application for a permit. The application for a permit to operate an adult use must be made on the form provided by the Code Enforcement Officer of Marple Township. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including all of the interior walls and including a statement of the total floor space occupied by the adult use.

(3) Initial inspection. The premises must be inspected by and found to be in compliance with all applicable codes and ordinances by the Code Enforcement Officer and the Fire Marshal.

(4) Applicant's identification. Any person who wishes to operate an adult use as an individual must sign the application for permit as an applicant. If the applicant is other than an individual, each individual who has an interest in the business must sign the application for permit as an applicant. If a corporation desires to operate an adult use, each officer, director and shareholder must sign the application for a permit as an applicant.

(5) Application approval. The Code Enforcement Officer shall approve the issuance of a permit to an applicant within 60 days after the applicant has received conditional use approval by the Board of Commissioners of Marple Township and will not approve a permit if the Code Enforcement Officer finds any one or more of the following to be true:
 

(a) Applicant is under 18 years of age.

(b) Applicant has failed to provide information reasonably necessary for the issuance of a permit or has falsely answered a question or request for information on the application form.

(c) The premises have been inspected by the Code Enforcement Officer or Fire Marshal and are found not to be in compliance with the applicable codes and ordinances.

(d) The permit fee required by this chapter has not been paid or the permit fees of health, use, occupancy and/or building permits have not been complied with or the fees not paid.

(e) Applicant of the proposed adult use is in violation of or is not in compliance with any of the provisions of this chapter.

(6) Posting of permit. 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 use. The permit shall be posted in a conspicuous place at or near the entrance of the adult use so it can be read at any time.

(7) Permit renewal. The permit, if granted, shall expire one year from the date of issuance. The applicant must, prior to the expiration date, file an additional application in order to continue operating the adult use without interruption. Applications for renewal should be made at least 30 days prior to 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.

(8) Certification. The Code Enforcement Officer and Fire Marshal shall complete their certification that the premises are in compliance or not in compliance with the applicable codes and ordinances within 30 days of receipt of an application. This certification shall be properly presented to the Code Enforcement Officer.

(9) Denial of renewal. If the Code Enforcement Officer denies a renewal of a license, the applicant shall not be issued a permit for one year from 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.

(1) Inspection at any time. An applicant or permittee shall permit the Code Enforcement Officer, Fire Marshal or other Township officials to inspect the premises of an adult use for the purpose of ensuring compliance with this chapter and with the law. Said inspection shall occur any time when the adult use is occupied or open for business.

(2) Violation. A person who operates an adult use or its agent, servant or employee, violates this chapter for refusal to permit such lawful inspection on the premises.

Fees for adult uses. The annual fee for an adult use is as set from time to time by resolution of the Board of Commissioners.

Suspension of permits for adult uses. The Code Enforcement Officer shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or an agent, servant or employee of the permittee has:
 

(1) Violated or is not in compliance with the provisions of this chapter.

(2) Refused to allow inspection of the adult use premises as authorized by this chapter.

Revocation of permits for adult uses.

 

(1) Revocation for cause for suspension. The Code Enforcement Officer shall revoke a permit if a cause for suspension set forth § 300-44K occurred and the permit has been suspended within the preceding 12 months.

(2) Revocation for other causes. The Code Enforcement Officer shall have the power to revoke a permit if it is determined that:

(a) A permittee or any agent, servant or employee has given false or misleading information or materials submitted to the Township during the application process.

(b) A permittee or any agent, servant or employee has knowingly allowed any activity on the premises that is in violation of the Pennsylvania Crimes Code.

(c) A permittee or any agent, servant or employee of the permittee operated the adult use during a period of time when the permit was suspended or revoked.

(d) A permittee or any agent, servant 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.

(e) A permittee is delinquent in the payment to the Township of any fees that are due.

(3) Period of revocation. When the Code Enforcement Officer revokes the permit, the revocation shall continue for a period of one year and the permittee shall not be issued an adult use business permit for one year from the date when the 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 has elapsed since the date the revocation became effective.

See § 300-44K for more information about adult uses.
See Permits for permitting information.