[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Pottsgrove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Adult businesses — See Ch. 75.
Zoning — See Ch. 250.
[Adopted 4-20-2000 by Ord. No. 221 (Ch. 6, Part 3, of the 1995 Code)]
As used in this article, the following terms shall have the meanings indicated:
ALCOHOL
Ethyl alcohol of any degree of proof originally produced by the distillation of any fermented liquid, whether rectified or diluted with or without water, whatever may be the origin thereof, and shall include synthetic ethyl alcohol, but shall not mean or include ethyl alcohol, whether or not diluted, that has been denatured or otherwise rendered unfit for beverage purposes.
ALCOHOLIC BEVERAGE
A. 
Any liquor, alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented or otherwise alcoholic, including all drinks or drinkable liquids, preparations or mixtures and reused, recovered or redistilled denatured alcohol usable or taxable for beverage purposes which contain more than 1/2 of 1% of alcohol by volume.
B. 
Any malt or brewed beverage, beer, lager beer, ale, porter or similar fermented malt beverage containing 1/2 of 1% or more of alcohol by volume, by whatever name such beverage may be called.
C. 
Any whiskey or alcoholic distillate from a fermented mash of grain capable of being used for beverage purposes.
ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES
Any business or commercial establishment (whether open to the public at large or where entrance is limited by cover charge or membership requirement), including those licensed by the commonwealth for sale and/or service of alcoholic beverages, and any bottle club, hotel, motel, restaurant, nightclub, country club, cabaret, meeting facility utilized by any religious, social, fraternal or similar organization, business or commercial establishment where a product or article is sold, dispensed, served or provided with knowledge, actual or implied, that the same will be or is intended to be mixed, combined with or drunk in connection or combination with an alcoholic beverage on the premises of said business or commercial establishment, or business or commercial establishment where the consumption of alcoholic beverages is permitted. A private residence, whether permanent or temporary in nature, is not an "establishment dealing in alcoholic beverages."
PERSON
A natural person, association or corporation. Whenever used in a clause prescribing or imposing a fine, imprisonment, or both, the term "person" applied to an association shall mean the partners or members thereof and as applied to a corporation shall mean the officers thereof, such individuals who, under possession and sale of alcoholic beverages therein.[1]
[1]
Editor's Note: So in original.
A. 
No person shall expose to public view his or her genitals, including, without limitation, the human male genitals in a discernibly turgid state, even if covered, pubic area, vulva, anus, anal cleft or cleavage or buttocks, or any simulation thereof, in an establishment dealing in alcoholic beverages. For purposes of this subsection, "buttocks" shall include the area at the rear of the body which lies between two imaginary lines running parallel to the ground when a person is standing, the first or top such line drawn at the tope of the cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom line drawn at the lowest visible point of this cleavage or the lowest point of the curvature of the fleshy protuberance, whichever is lower, and between two imaginary lines on each side of the body which lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular lines are drawn through the point at which each nate meets the side of each leg. This article would be violated, therefore, if any portion of this area is visible from any vantage point.
B. 
No female shall expose to public view any portion of the breast below a horizontal line across the top of the areola at its highest point, or simulation thereof, in an establishment dealing in alcoholic beverages. This definition shall include the entire lower portion of the human breast but shall not include any portion of the cleavage of the human breast exhibited by a dress, blouse, shirt, opaque leotard, bathing suit or other wearing apparel, provided the areola is not exposed or visible in whole or in part.
C. 
No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any person to expose to public view his or her genitals, including, without limitation, the human male genitals in a discernibly turgid state, even if covered, pubic area, vulva area, anus, anal cleft or cleavage or buttocks as defined in Subsection A above, or any simulation thereof, within the establishment dealing in alcoholic beverages.
D. 
No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any female person to expose to public view any portion of her breasts as defined in Subsection B above, or any simulation thereof, within the establishment dealing in alcoholic beverages.
E. 
No person shall engage in and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, the touching, caressing or fondling of the female breast, as that term is defined in Subsection B above; buttocks, as that term is defined in Subsection A above; anus or genitals, including, without limitation, the human male genitals in a discernibly turgid state, even if covered, or the simulation thereof, within an establishment dealing with alcoholic beverages.
F. 
No person shall cause and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit the exposition or availability of any graphic presentation, including photographs, pictures or the projection of film, which depicts human genitals, including, without limitation, the human male genitals in a discernibly turgid state, even if covered; pubic area, vulva, anus, anal cleft or cleavage; buttocks, as that term is defined in Subsection A above; female breast, as that term is defined in Subsection B above; sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation; any sexual act prohibited by law; the touching, caressing or fondling of the female breast, as that term is defined in Subsection B above; buttocks, as that term is defined in Subsection A above; anus or genitals, including, without limitation, the human male genitals in a discernibly turgid state, even if covered; scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities in Subsections A through F, inclusive, here and above or any simulation thereof, within the establishment dealing in alcoholic beverages.
Any person who shall violate the provisions of this article shall, upon summary conviction before any Magisterial District Judge, pay a fine not exceeding $1,000 and the costs of prosecution and, in default of payment of the fine or costs, the violator may be sentenced to the county jail for a period not exceeding 30 days. Whenever such person shall have been officially notified by the Lower Pottsgrove Township or by other service of a summons in a prosecution or in any other official manner that said person is committing a violation of this article, each day that said person shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, Art. I of the Code).