As used in this chapter, the following terms
shall have the meanings indicated:
AVAILABLE TO THE PUBLIC
The matter or performance may be purchased or attended on
a subscription basis, on a membership fee arrangement or for a separate
fee for each item or performance.
DISSEMINATE
To transfer possession of, with or without consideration.
KNOWINGLY
Being aware of the character and the content of the material.
MATERIAL
Any book, magazine, newspaper or other printed or written
material or any picture, drawing, photograph, motion picture or other
pictorial representation or any statue or other figure or any recording,
transcription or mechanical, chemical or electrical reproduction or
any other articles, equipment or machines.
NUDITY
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering, or the depiction of covered
male genitals in a discernibly turgid state.
OBSCENE
To the average person applying contemporary community
standards:
A.
The predominant appeal of the matter, taken
as a whole, is to prurient interest; i.e., a shameful or morbid interest
in sexual conduct, nudity or excretion;
B.
The matter depicts or describes in a patently
offensive manner sexual conduct regulated by the laws of Pennsylvania;
and
C.
The work, taken as a whole, lacks serious literary,
artistic, political or scientific value.
PERFORMANCE
Any preview, play, show, skit, film, dance or other exhibition
performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PROMOTE
To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS
The provision of services to paying guests in establishments
providing food and beverages, including but not limited to hostessing,
hat checking, cooking, bartending, serving, table setting and clearing,
waiter and waitressing and entertaining.
It shall be unlawful for any person to:
A. Knowingly disseminate, distribute or make available
to the public any obscene material.
B. Knowingly engage in or participate in any obscene
performance made available to the public.
C. Knowingly engage in commerce for commercial gain with
materials depicting and describing explicit sexual conduct, nudity
or excretion, utilizing displays, circulars, advertisements and other
public sales efforts that promote such commerce primarily on the basis
of their prurient appeal.
D. Provide services to patrons in such a manner as to
expose to public view:
(1) His or her genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region;
(2) Any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(3) Any portion of the female breast at or below the areola
thereof.
E. Knowingly promote the commission of any of the above
listed acts.