The defined terms in Borough Ordinance Number 1046 enacted simultaneously with this chapter are hereby adopted by
reference as if fully set forth herein.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still or motion-picture machines, projectors, or other image-producing devices
are maintained to show images to five or fewer persons per machine at any
one time, and where the images so displayed are distinguished or characterized
by depicting or describing specified sexual activities or specified anatomical
areas.
ADULT BOOK STORE
A commercial establishment having a substantial or significant portion
of its stock in trade including books, magazines, photographs or other materials,
which are distinguished and characterized by depicting, describing or relating
to the specified sexual activities or specified anatomical areas defined herein
or an establishment with a segment or section devoted to the sale or display
of such material.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
(1)
Persons who appear in the state of nudity;
(2)
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
(3)
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT MATERIALS
Includes, but is not limited to, any literature, book, magazine,
pamphlet, newspaper, paper, comic book, drawing, article, computer or other
image, motion picture, mechanical device, instrument, clothing or any other
writing, material or accessory that is distinguished or characterized by its
emphasis on matter depicted, described or related to specific sexual acts
or specific anatomical areas defined herein, or an establishment with a segment
or section exclusively devoted to the sale, lease, gift, trade, or display
of such materials or of any drug paraphernalia.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmission, films, motion pictures,
videocassettes, 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;
or
(2)
Offers sleeping rooms for rent four or more times in one calendar day
during five or more calendar days in any continuous thirty-day period.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT-ORIENTED BUSINESS
Includes, but is not limited to, an adult bookstore, adult novelty
store, adult video store, adult cabaret, adult motion-picture theater, adult
theater, escort agency, establishment, nude model studio, sexual encounter
center, sexually oriented business or any other adult-oriented business as
defined by the law of the Commonwealth of Pennsylvania. Adult-oriented businesses
shall also mean and include any massage parlor, nightclub, bar, tavern, restaurant,
eating and drinking establishment, arcade, theater, motel, hotel or any other
establishment that regularly features for economic gain or other consideration,
entertainment in any form that which is characterized by nudity or the depiction
or display of sexual activities. The use of a building, structure or property
or part thereof, for businesses that have adult materials in a section or
segment devoted for such materials or a substantial significant portion of
its stock and trade for the purposes of sale, lease, trade or display of such
adult materials is included herein.
ADULT THEATER
A 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 anatomical areas or specified
sexual activities.
ADULT USE
Any use involving specified sexual activity notwithstanding the characterization
of that use by the applicant.
KNOWINGLY
Having general knowledge of, or reason to know or should have known,
or a belief or ground for belief which warrants further inspection or inquiry
of both:
(1)
The character and content of any material or performance described herein
which is reasonably susceptible of examination by a licensee or person;
(2)
As to the age of a minor, a mistake shall constitute an exception to
liability hereunder if the licensee or person made a reasonable bona fide
attempt to ascertain the true age of such minor.
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 for any form
of consideration, except when such place has no sign visible from the exterior
of the structure that indicates a nude person is available for viewing.
NUDITY
The showing of the human male or female genitals, pubic area, buttocks,
anus, any part of the nipple or any part of a female breast below a point
immediately above the top of the areola with less than a fully opaque covering.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered human genitals, pubic region,
buttocks or female breast below a point immediately above the top of the areola.
(2)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
(3)
No loudspeakers or sound equipment shall be used by an adult business
for the amplification of sound to a level audible beyond the walls of the
building in which the business is located.
(4)
Public appearance by a person knowingly or intentionally engaged in
sexual intercourse, deviate sexual conduct or the fondling of the genitals
of himself or another person, or the fondling of female breasts.
(5)
The knowing and intentional public appearance of a person in a state
of nudity.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses: prostitution or promotion of prostitution;
dissemination of obscenity; sale, distribution or display of harmful material
to a minor; sexual performance by a child; possession or distribution of child
pornography; public lewdness; indecent exposure; indecency with a child; engaging
in organized criminal activity; sexual assault; any offense resulting in a
Megan's Law registration; gambling; distribution of a controlled substance;
or any similar offenses to those described above under the criminal or penal
code of the Commonwealth of Pennsylvania, other states or countries, for which
less than two years have elapsed since the date of conviction or the date
of release from confinement imposed for the conviction, or the date of termination
of probation or parole, whichever is the later date, if the conviction is
a misdemeanor offense; or less than five years have elapsed since the date
of conviction or the date of release from confinement imposed for the conviction,
or the date of termination of probation or parole, whichever is the later
date, if the conviction is of a felony offense; or less than five years have
elapsed since the date of the last convictions or the date of release from
confinement imposed for the last convictions, or the date of termination of
probation or parole, whichever is the later date, if the convictions are of
two or more misdemeanor offenses or combination of misdemeanor offenses occurring
within any twenty-four-month period. The fact that a conviction is being appealed
shall not stay the application process.
SPECIFIED SEXUAL ACTIVITY
Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breast and includes, but is not limited to, sex acts,
normal or deviant, actual or simulated, including intercourse, oral copulation,
sodomy, human masturbation, actual or simulated and excretory functions as
part of or in connection with any of the activities herein.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT ENTERTAINMENT BUSINESS
Includes any of the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or use of similar names;
(3)
The establishment of a trust, gift, or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing
the ownership or control.