Definitions. The specific terms used for the purpose of this section
are defined as follows:
ADULT ARCADE
Any place to which the public is permitted, or invited, wherein
coin-operated as slug-operated; or electronically or mechanically-controlled
still or motion picture machines, projectors, or other image-producing
devices are maintained to show images five or fewer persons per machine
at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of "specified sexual
activities" or "specified anatomical areas."
ADULT BOOKSTORE OR VIDEO STORE
A.
Any commercial establishment which, as its principal business
purposes, offers for sale or rental, for any form of consideration,
any one, or more, of the following:
(1)
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or reproductions, slides or
other visual representations which depict or describe "specified sexual
activities" or "specified anatomical areas."
(2)
Instruments, devices or paraphernalia which are designed for
use in connection with "specified sexual activities."
B.
Any commercial establishment which has other principal business
purposes, in addition to those in subparagraph (1) or (2) above shall
not be exempt from this section an shall be categorized as an adult
bookstore or adult video store.
ADULT CABARET
A restaurant, nightclub, bar or similar commercial or non-commercial
establishment, private or social club, whether owned and/or operated
by an individual, partnership, corporation or other entity, whether
or not an admission fee, membership fee or similar fee of any kind
is charged to patrons or, whether or not licensed to sell and/or serve
alcoholic beverages and which if not licensed to sell and or serve
alcoholic beverages, allows or permits patrons to bring alcoholic
beverages into the establishment or which provides alcoholic beverages
to patrons with or without charge; which regularly features:
A.
Performers, employees, independent contractors or other persons
who at any time appear nude or semi-nude.
B.
Live performances which are characterized by the exposure of
or exhibition of "specified anatomical areas" or by "specified sexual
activities."
C.
Films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas,"
which if not licensed to sell and or serve alcoholic beverages, allows
or permits patrons to bring alcoholic beverages into the establishment
or which provides alcoholic beverages to patrons with or without charge.
ADULT MOTEL
Any hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration;
provides patrons which closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas," and has a sign
visible from the public right-of-way which advertises the availability
of this adult-type of photographic reproductions.
B.
Offers sleeping rooms for rent, four or more times in one calendar
year, during five or more calendar days in any continuous thirty-day
period.
ADULT MOTION PICTURE THEATER
Any commercial establishment where for any form of consideration,
films, motion pictures, video cassettes or other photographic reproductions
are shown on a regular continuing basis, which are rated "X" by the
Motion Picture Association of America, or its successors, or which
are advertised as "X", "XX", or "XXX", or which are predominately
characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas." Any commercial establishment
where for any form of consideration, films, motion pictures, video
cassettes or other photographic reproductions are shown on a regular
continuing basis, which are rated "R" or "NC-17" by the Motion Picture
Association of America, or its successors, shall not be defined as
an adult motion picture theater.
ADULT THEATER
Any theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of "specified sexual activities" or "specified anatomical areas."
ESCORT
A person who, for consideration, agrees or offers to, act
as a companion, guide or date for another person, who agrees or offers,
to privately model lingerie or to privately perform a "strip tease"
for another person.
ESCORT AGENCY
Any person or business association, who furnishes offers
to furnish, or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration. Any person,
partnership, corporation or agency that furnishes adult or child day
care as its principal business, shall not be defined as an escort
agency.
MASSAGE ESTABLISHMENT
Any establishment or business which provides the services
of massage and/or body manipulation, including exercise, heat, light
treatment, water treatment of the body and all forms and methods of
physiotherapy unless operated or supervised by a medical practitioner,
including a medical doctor, doctor of osteopathy, chiropractor or
a physical therapist licensed by the Commonwealth of Pennsylvania.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity,
or displays "specified anatomical areas" is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
PERMITTED/LICENSEE
A person in whose name a permit and/or license to operate
an adult entertainment establishment, has been issued, as well as
the individual listed as an applicant on the application for a permit
and/or license.
PERSON
An individual proprietorship, partnership, corporation, association
or other legal entity.
SEMI-NUDE
A state of dress in which clothing covers no more than the
genitals of male performers or no more than the genitals, pubic region
and areola of female performers, as well as portions of the body covered
by supporting straps and devices.
SEXUAL ENCOUNTER CENTER
Any business or commercial enterprise that, as one of its
primary business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex.
B.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in a state of nudity
or seminude.
SEXUALLY-ORIENTED BUSINESS
Any adult arcade, adult bookstore, adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, massage establishment, nude model studio, or sexual
encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
B.
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence.
C.
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, sodomy or other sexual acts.
D.
Masturbation, actual or simulated.
E.
Human excretion, urination, menstruation, vaginal anal irrigation
as part of, or in connection with any of the activities set forth
in subparagraphs A through E above.
STRIP TEASE
The act of removing ones clothing in front of an audience,
or a person, usually item by item.
SUBSTANTIAL ENLARGEMENT
Any increase of the floor area occupied by an adult entertainment
establishment, or more than 25% as the floor area existing on the
date of enactment of this section.