As used in this article, the following terms
shall have the meanings indicated:
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-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 the depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
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;
(1)
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, videocassettes or video
reproductions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas;
or
(2)
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
B.
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specified sexual activities or
specified anatomical areas and still be categorized as an "adult bookstore"
or "adult video store." Such other business purposes will not serve
to exempt such commercial establishment from being categorized as
an "adult bookstore" or "adult video store" so long as one of its
principal business purposes is the offering for sale or rental for
consideration the specified materials which depict or describe specified
sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in the state of nudity;
B.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
C.
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 MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, 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;
B.
Offers sleeping rooms for rent for a period
of time that is less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
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 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.
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 sexually
oriented business as a new business;
B.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
C.
The additions of any sexually oriented business
to any other existing sexually oriented business; or
D.
The relocation of any sexually oriented business.
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 who pay money or any form of consideration.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
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 seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes 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 or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
TRANSFER OF OWNERSHIP OR CONTROL (of a sexually 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; or
C.
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.
Sexually oriented businesses are classified
as follows:
B. Adult bookstores or adult video stores;
E. Adult motion-picture theaters;
I. Sexual encounter centers; and
The annual fee for a sexually oriented business
permit is as set by resolution of the Borough Council.
The Zoning Officer shall suspend a permit for
a period not to exceed 30 days if he determines that a permittee or
an employee of a permittee has:
A. Violated or is not in compliance with any section
of this article.
B. Engaged in excessive use of alcoholic beverages while
on the sexually oriented business premises.
C. Refused to allow an inspection of the sexually oriented
business premises as authorized by this article.
D. Knowingly permitted gambling by any person on the
sexually oriented business premises.
A permittee shall not transfer his permit to
another person, nor shall a permittee operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
It is a defense to prosecution under §§
405-2804 and
405-2811 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; or
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; and
(3)
Where no more than one nude model is on the
premises at any one time.
A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of §
405-2811 is subject to an action in equity or a suit for injunction as well as citations for violations of this chapter.