As used in this chapter, the following terms shall have the meanings
indicated:
ADULT ARCADE
A.
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 or where the image is so displayed
or distinguished or characterized by depicting or describing specified sexual
activities or specified anatomical areas.
B.
Adult cabaret, adult dance hall, adult club, adult bar, adult tavern,
night club, restaurant or similar commercial establishment offering adult
entertainment; any cabaret, dance hall, club, tavern, bar, night club, restaurant
or similar commercial establishment offering entertainment used for presenting
material distinguished or characterized by an emphasis on matter depicting
or describing specified sexual activities or specified anatomical areas, for
observation by patrons therein whether or not liquor is sold on the premises.
Such presentation or material may be live or through films, motion pictures,
video cassettes, slides or other photographic reproduction depicting or describing
specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT
Live or nonlive entertainment containing specified sexual activities
or displaying or presenting specified anatomical areas. This definition is
a broad overall definition which includes the activities adult cabaret, adult
dance hall, adult club, adult bar, adult tavern, adult materials sales, adult
mini motion-picture theater, adult motion-picture theater and peep shows as
part of its definition for adult entertainment.
ADULT MATERIAL SALES
A.
Book, video, magazine sales, other printed matter, photographs, films,
motion-picture video or production slides or other visual representation and/or
rentals where either the materials, advertising or the displays or the signs
in or out of the locations offer written material showing, displaying, and/or
used for presenting material distinguished or characterized by an emphasis
on matter depicting or describing specified sexual activities or specified
anatomical areas for observation by patrons therein. This does not apply to
the availability for sale of any material displayed in such a way that only
the name of the book or magazine appears.
B.
Instruments, devices or paraphernalia which are used for presenting
material distinguished or characterized by an emphasis on matter depicting
or describing specified sexual activities or specified anatomical areas.
C.
Such a commercial establishment as listed in Subsections
A and
B may have other principal business purposes that do not involve the offering for sale or rental of material depicted or describing specified sexual activities or specified anatomical areas and still be characterized as adult material sales. Such other business purposes will not serve to exempt such commercial establishments from being categorized as adult material sales so long as one of its principal business purposes is the offering for sale or rental for consideration of specified materials used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATER
Any enclosed or semienclosed or unenclosed building which houses
a commercial establishment with the capacity for less than 50 persons used
for presenting material distinguished or characterized by an emphasis on matter
depicting or describing specified sexual activities or specified anatomical
areas, for observation by patrons therein.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodation to the public for any form of consideration; provides
patrons with closed circuit television transmissions, films, motion pictures,
video cassettes, slides or other photographic reproduction which are used
for presenting material distinguished or characterized by an emphasis on matter
depicting or describing specified sexual activities or specified anatomical
areas.
ADULT MOTION-PICTURE THEATER
Any enclosed or partially enclosed or unenclosed building which houses
a commercial establishment with the capacity of 50 or more persons used for
presenting material distinguished or characterized by an emphasis on matter
depicting or describing specified sexual activities or specified anatomical
areas for observation by patrons therein.
APPLICANT
A person who applies by filling out an application for a permit for
an adult entertainment business.
CERTIFICATION
A department and/or agency of the Borough after inspection of the
premises for adult entertainment writes a report to the Code Enforcement or
Zoning Officer regarding compliance or noncompliance.
ESTABLISHMENT
A.
The opening or commencement of any adult entertainment as a new business;
B.
The conversion of an existing business, whether or not an adult entertainment,
to an adult entertainment business;
C.
The addition of any adult entertainment business to any other existing
adult entertainment business; or
D.
The relocation of any adult entertainment business.
PEEP SHOWS
Any enclosed or semienclosed or unenclosed building/enclosure which
houses a commercial establishment with the capacity for one person used for
presenting material distinguished or characterized by an emphasis on matter
depicting or describing specified sexual activity or specified anatomical
areas for observation by parties therein.
PERMITTEE and/or LICENSEE
A person or persons to whom a permit and/or license to operate an
adult entertainment has been issued, as well as the individual or individuals
listed as an applicant on the application for permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
SEMINUDE or SEMINUDITY
State of dress in which clothing partially or opaquely covers specified
anatomical areas.
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.
SPECIFIED ANATOMICAL AREAS
A.
Human genitals, pubic region, anus;
C.
Female breast(s) below a point immediately above the top of the areola
and/or female breast(s) partially or completely covering the areola; or
D.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Acts or simulated acts of human masturbation, sexual intercourse, sodomy
or oral copulation;
C.
Fondling or other erotic touching of human genitals, pubic region, buttocks,
anus or female breast(s); 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
A.
The sale, lease or sublease of a business;
B.
The transfer of securities which constitutes a controlling interest
in the business whether by sale, exchange or similar means; or
C.
The establishment of a trust, gift or other similar device which transfers
the ownership or control of the business except for transfer by a bequest
or other operation of law upon the death of a person possessing the ownership
or control.
The annual fee for an adult entertainment business permit is $500.
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 the permittee
has:
A. Violated or is not in compliance with any section of this chapter or Chapter
185, Zoning, of the Code of the Borough of Chester Heights.
B. Engaged in excessive use of alcoholic beverages while
on the adult entertainment premises.
C. Refused to allow an inspection of the adult entertainment
premises as authorized by this chapter.
A permittee shall not transfer his/its permit to another person nor
shall a permittee operate an adult entertainment business under the authority
of a permit at any place other than the address designated within the application.
It is a defense to prosecution under this chapter that a person appearing
in a state of nudity did so in a modeling class operated as follows:
A. By a proprietary school licensed by the Commonwealth
of Pennsylvania or 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 any college,
junior college or university supported entirely or partly by taxation.
A person who operates or causes to be operated an adult entertainment business without a valid permit or in violation of this chapter is subject to an action in equity or a suit for injunction as well as citations for violations of Chapter
185, Zoning, of the Code of the Borough of Chester Heights.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in Article
XXII, §
185-129, of Chapter
185, Zoning, of the Code of the Borough of Chester Heights.