Township of Concord, PA Article II Establishments Serving Alcoholic Beverages

[Adopted 10-3-1995 as Ord. No. 199]

§ 70-5 Findings.

A. Certain businesses or commercial establishments located in the Township of Concord dealing in alcoholic beverages provide adult entertainment for their patrons, including but not limited to nude or nearly nude dancing, and permit certain sexual conduct.

B. The Board of Supervisors of the Township of Concord determines that such activities and conduct in establishments dealing in alcoholic beverages contribute to undesirable behavior and create disturbances that are injurious to the citizens of the Township of Concord.

C. The Board of Supervisors of the Township of Concord believes that this article is necessary:

(1) To enhance the quality of life within the township;

(2) To promote a climate conducive to the harmonious growth and development of the township and to the soundness of the economic base of the township;

(3) To preserve and stabilize the township's neighborhoods;

(4) To protect property values;

(5) To prevent blight and the deterioration of the township's neighborhoods; and

(6) To decrease the incidence of crime, disorderly conduct and other secondary effects of adult entertainment when occurring in establishments dealing in alcoholic beverages, which secondary effects adversely impact on the health, safety and general welfare concerns of the Township of Concord.

D. The Twenty-First Amendment to the Constitution of the United States of America gives the states, including the Commonwealth of Pennsylvania (the "commonwealth"), broad powers to regulate alcohol and, in such regulation of alcohol, confers more than the normal state authority over public health, welfare and morals.

E. The commonwealth's broad powers under the Twenty-First Amendment to regulate alcohol applies to, inter alia, alcoholic liquors, alcohol and malt brewed beverages; amending, revising, consolidating and changing the laws relating thereto; regulating and restricting the manufacture, purchase, sale, possession, consumption, importation, transportation, furnishing, holding in bond, holding in storage, traffic in and use of alcoholic liquors, alcoholic and malt brewed beverages and the persons engaged or employed therein; and providing for local option and repealing existing laws.

F. The commonwealth's broad powers under the Twenty-First Amendment extend equally to establishments that are licensed by the commonwealth to sell alcoholic beverages and to establishments that are not licensed by the commonwealth which deal in alcoholic beverages.

G. The commonwealth has delegated certain of its powers under the Twenty-First Amendment to municipalities, cities, boroughs, incorporated towns or townships of this commonwealth, including the Township of Concord.

H. Among the certain powers of the commonwealth under the Twenty-First Amendment delegated to the Township of Concord are the powers to:

(1) Prohibit the sale of alcoholic beverages within township limits pursuant to a vote of the local electorate; and

(2) Prohibit any and all amusements in establishments licensed by the commonwealth to sell alcoholic beverages.

I. The commonwealth's power of prohibition under the Twenty-First Amendment that has been delegated to the Township of Concord includes the lesser power to regulate.

J. Nothing in the commonwealth's Liquor Code, 47 P.S. § 1-101 et seq., shall be construed to preempt the right of the Township of Concord to enforce any local ordinances and codes dealing with health and welfare issues.

§ 70-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALCOHOL

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 nor include ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes.

ALCOHOLIC BEVERAGE

A. 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% alcohol by volume.

B. Any malt or brewed beverage, beer, lager beer, ale, porter or similar fermented malt beverage, containing 1/2 of 1% or more alcohol by volume, by whatever name such beverage may be called.

C. Any whiskey or alcoholic distillate from a fermented mash of grain, capable of being used for beverage purposes.

ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES

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; 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.

PERSON

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 an 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.

§ 70-7 Prohibited acts.

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; buttocks; or any simulation thereof in an establishment dealing in alcoholic beverages. For purposes of this subsection, the term "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; 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; 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 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 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.

§ 70-8 Violations and penalties.

[Amended 12-3-1996 by Ord. No. 206]

A. Any person who shall violate any provision of this article or permits the violation of any provision of this article shall pay a fine of $600.

B. Each violation for each separate day and each violation of any provision of this article shall constitute a separate and distinct violation.

C. Any person who violates or permits the violation of any provision of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by Concord Township, pay the fine prescribed by this article, plus all court costs, including reasonable attorney fees, incurred by Concord Township.

D. Enforcement of this article shall be the responsibility of the Township Manager, Zoning Officer, Building Inspector, Plumbing Inspector or Fire Marshal, as appropriate, who shall follow the enforcement procedure set forth in this article.