[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
As used in this article, the following terms shall have the meanings
indicated:
Ethyl alcohol of any degree of proof originally produced by the distillation
of any fermented liquid, whether rectified or diluted with or without water,
whatever may be the origin thereof, and shall include synthetic ethyl alcohol,
but shall not mean or include ethyl alcohol, whether or not diluted, that
has been denatured or otherwise rendered unfit for beverage purposes.
Any liquor, alcoholic, spirituous, vinous, fermented or other alcoholic
beverage, or combination of liquors and mixed liquor a part of which is spirituous,
vinous, fermented or otherwise alcoholic, including all drinks or drinkable
liquids, preparations or mixtures and reused, recovered or redistilled denatured
alcohol usable or taxable for beverage purposes which contain more than 1/2
of 1% of alcohol by volume.
Any malt or brewed beverage, beer, lager beer, ale, porter or similar
fermented malt beverage containing 1/2 of 1% or more of alcohol by volume,
by whatever name such beverage may be called.
Any whiskey or alcoholic distillate from a fermented mash of grain,
capable of being used for beverage purposes.
Any business or commercial establishment (whether open to the public
at large or where entrance is limited by cover charge or membership requirement),
including those licensed by the commonwealth for sale and/or service of alcoholic
beverages; and any bottle club, hotel, motel, restaurant, nightclub, country
club or cabaret; meeting facility utilized by any religious, social, fraternal
or similar organization; business or commercial establishment where a product
or article is sold, dispensed, served or provided with the knowledge, actual
or implied, that the same will be, or is intended to be mixed, combined with
or drunk in connection or combination with alcoholic beverages on the premises
of said business or commercial establishment; or business or commercial establishment
where the consumption of alcoholic beverages is permitted. A private residence,
whether permanent or temporary in nature, is not an establishment dealing
in alcoholic beverages.
A natural person, association or corporation. Whenever used in a
clause prescribing or imposing a fine, the term "person," as applied to association,
shall mean the partners or members thereof, and, as applied to corporation,
shall mean the officers thereof. Except, as to incorporated clubs, the term
"person" shall mean such individual or individuals who, under the bylaws of
such club, shall have jurisdiction over the possession and sale of alcoholic
beverages therein.
A.
No person shall expose to public view his or her genitals,
including, without limitation, the human male genitals in a discernibly turgid
state, even if covered, pubic area, vulva, anus, anal cleft or cleavage or
buttocks or any simulation thereof, in an establishment dealing in alcoholic
beverages. For purposes of this section, "buttocks" shall include the area
in the rear of the body which lies between two imaginary lines running parallel
to the ground when a person is standing, the first or top such line drawn
at the top of the cleavage of the nates (i.e., the prominence formed by the
muscles running from the back of the hip to the back of the leg) and the second
or bottom line drawn at the lowest visible point of this cleavage or the lowest
point of the curvature of the fleshy protuberance, whichever is lower, and
between two imaginary lines on each side of the body, which lines are perpendicular
to the ground and to the horizontal lines described above and which perpendicular
lines are drawn through the point at which the nates meet the outer side of
each leg. This article would be violated, therefore, if any portion of this
area is visible from any vantage point.
B.
No female shall expose to public view any portion of
the breast below a horizontal line across the top of the areola at its highest
point, or simulation thereof, in an establishment dealing in alcoholic beverages.
This definition shall include the entire lower portion of the human female
breast, but shall not include any portion of the cleavage of the human breast
exhibited by a dress, blouse, shirt, opaque leotard, bathing suit or other
wearing apparel, provided that the areola is not exposed or visible in whole
or in part.
C.
No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any person to expose to public view his or her genitals, including, without limitation, the human male genitals in a discernibly turgid state, even if covered, pubic area, vulva, anus, anal cleft or cleavage or buttocks as defined in Subsection A above, or any simulation thereof, within the establishment dealing in alcoholic beverages.
D.
No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any female person to expose to public view any portion of her breasts as defined in Subsection B above, or any simulation thereof, within the establishment dealing in alcoholic beverages.
E.
No person shall engage in and no person maintaining, owning, or operating an establishment dealing in alcoholic beverages shall suffer or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law, the touching, caressing or fondling of the female breast as that term is defined in Subsection B above, buttocks as that term is defined in Subsection A above, anus or genitals, including, without limitation, the human male genitals in a discernibly turgid state, even if covered, or the simulation thereof, within an establishment dealing in alcoholic beverages.
F.
No person shall cause and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit the exposition or availability of any graphic presentation, including photographs, pictures or the projection of film, which depicts human genitals, including, without limitation, the human male genitals in a discernibly turgid state, even if covered, pubic area, vulva, anus, anal cleft or cleavage, buttocks as that term is defined in Subsection A above, female breast as that term is defined in Subsection B above, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act prohibited by law, the touching, caressing or fondling of the female breast as that term is defined in Subsection B above, buttocks as that term is defined in Subsection A above, anus or genitals, including, without limitation, the human male genital in a discernibly turgid state, even if covered, scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described in Subsections A through F, inclusive, above, or any simulation thereof, within any establishment dealing in alcoholic beverages.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated shall
also constitute a separate offense.
