For the purpose of this chapter, unless the context clearly
requires a different meaning, the words, terms and phrases set forth shall
have the meanings given them in this section:
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 or video 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 the depicting or describing of "specified sexual activities" or "specified
anatomical areas."
ADULT BOOKSTORE
An establishment having as a substantial significant or preponderant
portion of its stock in matters which are distinguished or characterized by
their emphasis on content depicting, describing or relating to specified sexual
activities or specified anatomical areas, as defined herein.
ADULT BUSINESS
Any adult or sexually oriented business, including any business establishment
that regularly features live performances which are distinguished or characterized
by an emphasis on the exposure of the genitals or buttocks of any person or
the breasts of any female person or specified sexual activities that involve
the exposure of the genitals or buttocks of any person or the breasts of any
female person or any business whose primary purpose is the sale of display
of matter that, because of its sexually explicit nature, may, pursuant to
state law or other regulatory authority, be offered only to persons over the
age of 18 years. Adult business may include an adult arcade, adult bookstore,
adult cabaret, adult hotel/motel, adult motion-picture theater, adult visual
materials or video store, adult modeling studio or adult entertainment enterprise,
as defined herein.
ADULT BUSINESS OPERATOR
A person who supervises, manages, inspects, directs, organizes, controls
or in any other way is responsible for or in charge of the premises of an
adult business or the conduct or activities occurring on the premises thereof.
ADULT BUSINESS OWNER
A person or persons who hold a financial or other business interest,
in whole or in part, either singly or jointly, in an adult business. For purposes
of this chapter, indicia of ownership may be established by evidence including,
but not limited to, business license information, fictitious business name
registration, utility billing information or by other competent evidence.
For purposes of this chapter, the person whose name appears on the business
license application as the business owner shall be deemed to be the adult
business owner.
ADULT CABARET
A building or portion thereof or area regularly featuring the presentation
or exhibition of live performers whose performances are distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas, as hereinafter defined or whose
performances are rendered in a state of dress so as to expose the female breast
below a point immediately above the top of the areola, male or female genitals,
pubic areas, buttocks or the female breast with only the nipple and areola
covered, or any combination thereof, for observation by patrons or customers.
ADULT ENTERTAINMENT ENTERPRISE
Any business activity wherein is furnished for a fee or charge or
other like consideration the opportunity to paint, feel, handle, touch, be
in the presence of, be entertained by, be painted by, felt by or touched by
the unclothed body or the unclothed portion of the body of another person
or to observe, view or photograph such activity; or a fee or charge or like
consideration is paid or received for goods sold or services rendered by or
in the presence of one or more persons with an unclothed body or an unclothed
portion of the body. Adult entertainment enterprise shall include, but not
be limited to the following business activities and activities similar thereto:
to adult or nude encounter studios, adult or nude dance studios, nude exhibitions,
peep shows, wrestling centers, adult or nude art or photograph studios. "Unclothed
portion of the body" shall mean state of dress so as to expose the female
breast below a point immediately above the top of the areola, male or females
genitals, pubic areas, buttocks or female breast with the nipple and areola
covered.
ADULT ENTERTAINMENT ROOM
Any room of an adult entertainment establishment which constitutes
an adult cabaret, adult motion-picture theater, adult entertainment enterprise
or adult theater or adult visual materials or video store pursuant to this
section.
ADULT HOTEL/MOTEL
A hotel or motel or similar business establishment offering public
accommodations for any form of consideration which provides patrons with closed-circuit
television transmissions, films, computer-generated images, motion pictures,
video cassettes, slides or other photographic reproductions, 30% or more of
the number of which are distinguished or characterized by an emphasis upon
the depiction or description of specified sexual activities or specified anatomical
areas; and rents, leases or lets any room for less than a six hour period
or rents, leases or lets any single room more than twice in a twenty-four-hour
period.
ADULT MODELING STUDIO
A business which provides, for any form of compensation, monetary
or other consideration, hire or reward, figure models who, for the purposes
of sexual stimulation of patrons, display specified anatomical areas to be
observed, sketched, photographed, painted, sculpted or otherwise depicted
by persons paying such consideration. Modeling studio does not include schools
maintained pursuant to standards set by the State Board of Education. Modeling
studio further does not include a studio or similar facility owned, operated
or maintained by an individual artist or group of artists and which does not
provide, permit or make available "specified sexual activities."
ADULT MOTION-PICTURE THEATER
A building or portion thereof or area, open or closed, used for the
presentation on more than 1/3 of the days in a calendar year during which
motion-picture films, videocassettes, cable television or any other such visual
media are displayed or exhibited, of films, videocassettes, cable television
or other visual media which are distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas as hereinafter defined, for observation by patrons
or customers. Adult motion-picture theater does not include any room or suite
of rooms rented for human occupancy in a hotel or motel which is equipped
or furnished with a videocassette playing machine or cable television, unless
such hotel or motel is determined to be an adult hotel/motel as defined herein.
ADULT VISUAL MATERIALS OR VIDEO STORE
A building or portion thereof used by an establishment having not
less than 30 percent of its actual display area devoted to or stock-in-trade
for sale or rental to the public or any segment thereof consisting of books,
magazines, other publications, films, videocassettes, or any combination thereof,
which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas as hereinafter defined.
APPLICANT
A person who is required to file an application for permit under
this chapter, including an individual owner, managing partner, officer of
a corporation or any other operator, manager, employee or agent of an adult
business.
BAR
Any commercial establishment licensed by the Pennsylvania State Liquor
Control Board to serve any alcoholic beverages on the premises.
CODE ENFORCEMENT OFFICER
The person responsible for ordinance enforcement functions within
the jurisdiction of the Township, including, but not limited to, responsibility
for administration and enforcement of the provisions of this chapter.
EMPLOYEE
Every owner, partner, manager, supervisor, performer or other worker,
whether paid or not, who renders services of any nature in the conduct of
an adult business establishment. For purposes of this chapter, it shall be
reputable presumption that every person who renders services of any nature
in the conduct of an adult business is an employee of the adult business.
ENTERTAINER
Any person who is an employee or independent contractor of the adult
business or any person who, with or without any compensation or other form
of consideration, performs live entertainment for patrons of an adult business.
OPERATE AN ADULT BUSINESS
The supervising, managing, inspecting, directing, organizing, controlling
or in any way being responsible for or in charge of the conduct of activities
of an adult business or activities within an adult business.
PERMITTEE
The person to whom an adult business permit is issued.
PERSON
Any individual, firm, association, partnership, limited liability
partnership, coparty, corporation, limited liability corporation, joint-stock
company, joint venture or combination of the above, or any other legal entity
in whatever form or character.
REGULARLY FEATURES
With respect to an adult business, means a regular, substantial course
of conduct. The presentation, in or at any building or potion thereof, of
live performances which are distinguished or characterized by an emphasis
upon the display of specified anatomical areas or specified sexual activity
on two or more occasions within a thirty-day period, three or more occasions
within a sixty-day period or four or more occasions within a one-hundred-eighty-day
period shall, to the extent permitted by law, be deemed to be a regular and
substantial course of conduct.
SEMINUDE
A state of dress in which clothing covers no more than the genitals,
pubic region, buttocks, areola of the female breast, as well as portions of
the body covered by supporting straps or devices, such as by G-strings, pasties,
thongs, bikinis or other similar forms of garments or devices.
SPECIFIED ANATOMICAL AREAS
Includes any of the following:
(1)
Less than completely and opaquely covered human genitals, pubic region,
buttocks and female breast below a point immediately above the top of the
areola.
(2)
Human male genitals in a discernibly turgid state, even if completely
opaquely covered.
(3)
Any device, costume or covering that simulates any of the body part included in Subsections
(1) and
(2) above.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following, whether performed directly or indirectly
through clothing or other coverings:
(1)
Human genitals in a state of sexual stimulation or arousal.
(2)
Sexual acts, actual or simulated, including sexual intercourse, oral
copulation or sodomy.
(3)
Fondling or other erotic touching of human genitals, pubic region, buttocks
or female breast.
(4)
Masturbation, actual or simulated.
(5)
Excretory functions as part of or in connection with any of the other activities described in Subsections
(1) through
(4).