[Adopted 6-18-2002 by Ord. No. 12-2002]
This article shall be known and may be cited as the “Borough of
Moosic Nude Activities Ordinance.”
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 of 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 of 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; cabaret; meeting facility utilized by any religious, social fraternal,
or similar organization; buy 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 an “association,” shall mean the partners or members
thereof, and, as applied to a "corporation," shall mean the officers thereof,
except, as to incorporated clubs, the term “person” shall mean
such individual or individuals who are 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 on which 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 lower 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 it 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 any
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 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.
The Council of the Borough of Moosic may appoint one or more enforcement
officers, who may be individuals, a firm or an agency of the Borough, to conduct
inspections, make reports and administer other parts of this article as determined
by the Moosic Borough Council.
A.
Fine. Any person, partnership or corporation 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 Borough, pay a judgment of not more than $600 dollars, plus
all court costs, including reasonable attorney fees incurred by the Borough
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. If the defendant neither pays nor timely appeals the judgment, the
Borough may enforce the judgment pursuant to the applicable Rules of Civil
Procedure. Each day that the violation continues shall constitute a separate
violation, unless the District Justice determining that there has been a violation
further determines that there was a good faith basis for the person, partnership
or corporation violating the article to have believed that there was no such
violation, in which event there shall be deemed to have been only one such
violation by the District Justice and thereafter 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 Borough of Moosic.
B.
Court of Common Pleas. The Court of Common Pleas, upon
petition, may grant an order of stay, upon cause shown, tolling the per diem
fine pending a final adjudication of the violation and judgment.
C.
Other remedies. In addition to any penalty therein provided,
any person, persons, firm, partnership or corporation who or which shall violate
any provision of this article shall be subject to any law, or laws, of the
Commonwealth of Pennsylvania which affords a remedy for such violation in
any court of the commonwealth, including, but not limited to, equitable or
injunctive relief.
