[Adopted 9-14-1998 by Ord. No. 98-16]
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 contains more than 1/2 of 1% of alcohol
by volume.
Any malt or brewed beverage, beer, lager beer,
ale, port 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;
“bring your own booze” (“BYOB”) establishment;
hotel; motel; restaurant; nightclub; country club; 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 an alcoholic
beverage 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 is not an establishment
dealing in alcoholic beverages.
A natural person, association, or corporation. Whenever used
in a clause prescribing or imposing a fine, imprisonment, or both,
the term “person,” as applied to “associations,”
shall mean the partners or members thereof, and as applied to “corporations,”
shall mean the officers thereof, except, as to incorporated clubs,
the term “person” shall mean such individual or individuals
who, under 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 Subsection A, “buttocks” shall include the area at 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 each nate meets 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 hereabove, 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 hereabove, 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, 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 hereabove, buttocks, as that term is defined in Subsection A hereabove, 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 hereabove, female breast, as that term is defined in Subsection B hereabove, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act prohibited by law, the touching, caressing, or fondling of the female breast, as that term is defined in Subsection B hereabove, buttocks, as that term is defined in Subsection A hereabove, anus, or genitals, including, without limitation, the human male genitals 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, hereabove, or any simulation thereof, within any establishment dealing in alcoholic beverages.
Any person who violates or permits a violation
of this article 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, and
reasonable attorneys' fees. 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 article that is violated shall also constitute a separate
offense.
