As used in this chapter the following words and phrases shall have the
meanings indicated unless the context clearly indicates a different meaning:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated,
slug-operated, or for any form of consideration, any electronically, electrically,
or mechanically controlled still or motion-picture machines, projectors, video
or laser disc players, or other image-producing devices are maintained, not
located within viewing booths, 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 the depicting or describing of specific sexual activities
or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental for any form of consideration any one
or more of the following:
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides, CD
ROM discs or other computer software, or other visual representations, which
are characterized by the depiction or description of specified sexual activities
or specified anatomical areas.
B.
Instruments, devices, or paraphernalia which are designed for use in
connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant, or other commercial establishment which
regularly features:
A.
Persons who appear in a state of nudity or seminudity.
B.
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions or visual presentations of any other kind which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic reproductions
or visual presentations of any kind are regularly shown which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas.
ADULT-ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video
store, adult cabaret, adult motion-picture theater, adult theater, escort
agency, nude model studio, sexual encounter center, tattoo parlor or body
piercing establishment.
ADULT THEATER
A theater, concert hall, dance hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity
or seminudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
BODY PIERCING ESTABLISHMENT
A commercial establishment which, as one of its principal business
purposes, offers body piercing services. "Body piercing services" shall refer
to the process of breaching the skin or mucus membrane of a human for the
purpose of inserting an object therein or there through, including, but not
limited to, jewelry for cosmetic purposes. This definition shall not apply
to ear piercing.
EMPLOYEE
A person who performs any service on the premises of an adult-oriented
business on a full-time, part-time or contract basis, whether or not the person
is denominated an employee, independent contractor, agent or otherwise and
whether or not said person is paid a salary, wage or other compensation by
the operator of said business. “Employee” does not include a person
exclusively on the premises for repair or maintenance of the premises or equipment
on the premises or for the delivery of goods to the premises.
ESCORT
A person who, for consideration, agrees or offers to act as a companion,
guide, or date for another person, or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish,
or advertises to furnish escorts as one of its primary business purposes for
a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any adult-oriented business as a new
business.
B.
The conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business.
C.
The addition of any adult-oriented business to any other existing adult-oriented
business or to a nonsexually or nonadult oriented business.
D.
The relocation of any adult-oriented business.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief or ground
for belief which warrants further inspection or inquiry or both.
A.
The character and content of any material or performance described herein
which is reasonably susceptible of examination by a licensee or person.
B.
The age of the minor; provided, however, that an honest mistake shall
constitute an excuse from liability hereunder if the licensee or person made
a reasonable bona fide attempt to ascertain the true age of such minor.
LICENSEE
A person in whose name a license to operate an adult-oriented business
has been issued, as well as the individual listed as an applicant on the application
for a license; and, in the case of an employee, a person in whose name a license
has been issued authorizing employment in an adult-oriented business.
NUDE MODEL STUDIO
Any place where a person who appears seminude, in a state of nudity,
or who displays specified anatomical areas is provided to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by other persons
who pay money or any form of consideration. “Nude model studio”
shall not include a proprietary school licensed by the State of Pennsylvania,
or a college, junior college or university supported entirely or in part by
public taxation; a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partly by taxation; or in a structure:
A.
That no sign visible from the exterior of the structure and no other
advertising that indicates a nude or seminude person is available for viewing.
B.
Where in order to participate in a class a student must enroll at least
three days in advance of the class.
C.
Where no more than one nude or seminude model is on the premises at
any one time.
NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva,
anus, anal cleft or cleavage with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of any part of
the nipple, or the showing of the covered male genitals in a discernibly turgid
state.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex.
B.
Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or seminudity.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s) below
a point immediately above the top of the areola, or human male genitals in
a discernibly turgid state, even if completely covered.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
A.
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; molestation of a child; gambling; or distribution
of a controlled substance; or any offenses similar to those described above
under the criminal or penal code of other states or countries;
B.
For which:
(1)
Less than two years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction, whichever is
the later date, if the conviction is of a misdemeanor offense.
(2)
Less than five years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction, whichever is
the later date, if the conviction is of a felony offense.
(3)
Less than five years have elapsed since the date of the last conviction
or the date of release from confinement imposed for the last conviction, 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.
C.
The fact that a conviction is being appealed shall have no effect on
the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, masturbation or sodomy.
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B above.
TATTOO PARLOR
A commercial establishment which, as one of its principal business
purposes, offers tattooing services. "Tattooing services" shall refer to the
method of placing designs, letters, scrolls, figures, symbols, graphics or
any other marks upon or under the skin of a human with ink or any other substance,
resulting in the coloration of the skin by the aid of needles or any other
instrument designed to touch or puncture the skin. This definition shall not
apply to medical doctors or doctors of veterinary medicine in performance
of their professional duties.
TRANSFER OF OWNERSHIP OR CONTROL (of an adult-oriented business)
Includes any of the following:
A.
The sale, lease, or sublease of the business.
B.
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means.
C.
The establishment of a trust, gift, or other similar legal device which
transfers the ownership or control of the business, except for transfers by
bequest or other operation of law upon the death of the person possessing
the ownership of control.
VIEWING BOOTHS
Booths, stalls, partitioned portions of a room, rooms or other enclosures
which are available for viewing:
A.
Films, movies, videos, or visual reproductions of any kind depicting
or describing specified sexual activities or specified anatomical areas; or
B.
Persons who appear in a state of nudity or seminudity or who offer performances
or presentations characterized by the exposure of specified anatomical areas
or by specified sexual activities.
The Borough Zoning Officer shall suspend a license for a period not
to exceed 30 days if he determines that a licensee or an employee of a licensee
has:
A. Violated or is not in compliance with any provision of
this chapter.
B. Refused to allow an inspection of the adult-oriented
business premises as authorized by this chapter.
C. Knowingly permitted gambling by any person on the adult-oriented
business premises.
A licensee shall not transfer his/her license to another, nor shall
a licensee operate an adult-oriented business under the authority of a license
at any place other than the address designated in the application.
A person who operates a tattoo parlor and/or body piercing establishment
or causes them to be operated shall comply with the following requirements:
A. The room in which tattooing services and/or body piercing services
are performed shall have a minimum floor area of 100 square feet.
B. The rooms in which tattooing services and/or body piercing services
are performed shall comply with the following requirements:
(1) The walls, floors and ceilings shall have an impervious, smooth,
washable surface and shall be painted or finished in a light color. Carpeting
is prohibited in such a room.
(2) Single-use towels shall be provided in approved dispensers.
(3) Easily cleanable and approved covered waste containers shall
be provided in each room.
(4) All tables and equipment shall be:
(a) Constructed of easily cleanable material;
(b) Sterilized in a medically approved manner; and
(c) Painted or finished in a light color, with a smooth, washable
finish.
(5) Partitioned from waiting customers and/or observers by a permanent
nontransparent partition at least five feet in height.
C. Any operator or employee performing the tattooing services and/or
body piercing services shall:
(1) Scrub his/her hands thoroughly with soap and hot water before
commencing any tattooing or body piercing service, and dry the hands with
individual, single-use towels.
(2) Wear sterile surgical gloves while performing any tattooing or
body piercing service. These gloves shall only be used once on a single customer/client
and then disposed of in a manner prescribed by the Allegheny County Health
Department.
D. While tattooing, a single-service blade razor shall only be used
once on a single customer/client and then disposed of in a container and manner
prescribed by the Allegheny County Health Department.
E. The area to be tattooed or body pierced shall first be thoroughly
scrubbed with an antiseptic soap for a minimum of two minutes, and an approved
sterilizing preparation used.
F. Any and all waste materials shall be deposited in an easily cleanable,
covered waste container, and all waste materials shall be disposed of in a
manner prescribed by the Allegheny County Health Department.
G. An antibiotic ointment that the customer/client is not allergic
to shall be applied to the area to be tattooed and/or body pierced using sterile
gauze.
H. The use of styptic pencils, alum blocks and/or other solid styptics
to check or stem the flow of blood is prohibited.
I. The operator shall provide literature on Hepatitis B and C, HIV,
and other health hazards to all customers and clients. This literature shall
be approved by the Allegheny County Health Department. Prior to performing
tattooing and/or body piercing services on a customer or client, the operator
shall obtain a written acknowledgement, signed by each such customer or client,
which acknowledges that the customer and client has received and read the
literature referenced above. The operator shall retain each written acknowledgement
as proof of compliance with this subsection.
J. Single-service or individual containers of dye, ink or needles
shall be used for each separate customer or client, and shall be discarded
immediately after completing work on such customer or client by being placed
and disposed of in a container and manner prescribed by the Allegheny County
Health Department. Excess dye or ink shall be removed from the skin with an
individual, sterile sponge or a disposable paper tissue, which shall be used
on one person and then immediately discarded in a container and manner prescribed
by the Allegheny County Health Department. After completing work on a customer
or client, the tattooed or body pierced area shall be washed with sterile
gauze that is saturated with an antiseptic solution approved by the Allegheny
County Health Department.
K. No tattoo parlor may attempt to remove a tattoo from any person
or allow such a procedure to take place on its premises.
L. No operator or employee shall tattoo or body pierce a person
under the age of 18 years, or permit such tattooing or body piercing to occur,
without first obtaining a written parental authorization. All parental authorizations
shall be maintained on file at the establishment and be available for inspection
for a period of seven years after the customer or client has reached the age
of 18 years. A copy of the written parental authorization shall be provided
to the parent of the minor by the operator. Proof of age shall be required
of all customers and clients.
M. Animals shall not be permitted in the establishment, except as
specifically permitted by state law.
N. All clean and ready-to-use needles and instruments shall be kept
in a locked, closed glass or metal case or storage cabinet while not in use.
The key to such case or cabinet shall be secured by the operator at all times.
O. No person, customer or client having any skin infection or other
disease of the skin or any communicable disease shall be tattooed or body
pierced. All infections resulting from the tattooing and/or body piercing
services known to the operator and/or an employee shall be immediately reported
to the Allegheny County Health Department by the operator.
P. A fully operational rest room with a toilet shall be located
in the establishment and shall be accessible at all times that the tattoo
parlor and/or body piercing establishment is open for business. The rest room
shall also be supplied with hot and cold running water, soap and single-use
towels provided in approved dispensers. The walls, floors and ceilings of
the rest room shall have an impervious, smooth, washable surface. Carpeting
is prohibited in the rest room.
Q. The entire establishment shall be maintained in a clean and sanitary
condition and in good repair.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years to be on the premises of an adult-oriented
business.
No adult-oriented business shall be open for business before 10:00 a.m.,
Monday through Saturday, or after 10:00 p.m., Monday through Saturday. Adult-oriented
businesses shall be closed at all times on Sundays and legal state or federal
holidays.
It is a defense to prosecution under §
60-14 of this chapter that a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school licensed by the Commonwealth
of Pennsylvania or a college, junior college or university supported entirely
or partly by taxation.
B. By a private college or university which maintains and
operates educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation.
C. In a structure:
(1) Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available for viewing.
(2) Where, in order to participate in a class a student must
enroll at least three days in advance of the class.
(3) Where no more than one nude model is on the premises
at any one time.