[HISTORY: Adopted by the Board of Supervisors of the Township of
West Goshen as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-2003 by Ord. No. 6-2003]
As used in this article, the following terms shall have the meanings
indicated below:
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; night club; 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,
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, imprisonment or both, 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.
Exposure prohibited.
(1)
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, buttocks,
or any simulation thereof, in an establishment dealing in alcoholic beverages.
(2)
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 of such line drawn at the top of the cleave 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, 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 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 hereinabove, 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 hereinabove, 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 hereinabove, buttocks as that term is defined in Subsection A hereinabove, 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 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 hereinabove, female breast as that term is defined in subsection B hereinabove, 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 hereinabove, buttocks as that term is defined in subsection A hereinabove, 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 hereinabove, or any simulation thereof, within any establishment dealing in alcoholic beverages.
Any person who or which has violated or permitted the violation of any
of the provisions of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a judgment
of not more than $600, plus all court costs, including reasonable attorney
fees incurred by the Township as a result thereof. No judgment shall commence
or be imposed, levied or be payable until the date of the determination of
a violation by the District Justice. In the event that any such person against
whom a judgment has been rendered by the District Justice neither pays nor
timely appeals the judgment, the Township may enforce the judgment pursuant
to the applicable Pennsylvania Rules of Civil Procedure. Each day that a violation
continues shall constitute a separate violation. All judgments, costs and
reasonable attorney fees collected for the violation of this article shall
be paid over to the Township of West Goshen.
