C District:
This use is permitted as a special exception use in this district, as follows:
A. Adult businesses are not permitted in any zoning district other than the C Commercial District and, within that zoning district, shall not be located within 500 feet of a religious assembly use; public or private pre-elementary, elementary or secondary school; public library; child-care facility or nursery school; or public park, as measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above listed uses.
B. An adult business shall not be located within 1,000 feet of any other adult business measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.
C. No more than one adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof containing another adult business.
D. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult business permit of a religious assembly; public or private pre-elementary, elementary or secondary school; public library; child-care facility or nursery school; or public park within 500 feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.
E. Any adult business, other than an adult motel, that exhibits on the premises, in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space, a film or videocassette or other video or image production or reproduction that depicts nudity or sexual conduct, as defined herein, shall comply with the following:
(1) At least one employee shall be on duty and shall be situated in each manager’s station at all times that any patron is present inside the premises.
(2) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection shall be by direct line of sight from the manager’s station.
(3) It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated in the application submitted to the Borough as an area in which patrons will not be permitted.
(4) No viewing room shall be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.
(5) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.
(6) If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area, and the viewing area shall not be accessible to the performers, and the performers shall not have easy access to the viewers present.
(7) Liquor or intoxicating beverages shall not be sold on the premises for which the permit is sought.
(8) The applicant shall agree to renew the certificate of occupancy in accordance with the requirements for annual renewal as set forth in the Code of the Borough.