[Ord. 1895, 9/13/1999, § 1]
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.
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 alcohol by volume.
Any malt or brewed beverage, beer, lager beer, ale, porter or
similar fermented malt beverage containing 1/2% or more of alcohol
by volume, by whatever name such beverage may be called.
Any whiskey or alcoholic distillate from a fermented mash of
grain, capable of being used for beverage purposes.
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 the 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.
A natural person, association or corporation. Whenever used
in a clause prescribing or imposing a fine, imprisonment or both,
the term "person," as applied to "association," shall mean the partners
or members thereof and, as applied to "corporation," shall mean the
officers thereof, such individual or individuals who, under possession
and sale of alcoholic beverages therein.
[Ord. 1895, 9/13/1999, § 2]
1.Â
No person shall expose to public view his or her genitals including,
without limitation, the human male 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 top 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 outer
side of each leg. This Part would be violated, therefore, if any portion
of this area is visible from any vantage point.
2.Â
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
female 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.
3.Â
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, anus, anal cleft or cleavage or buttocks as defined in subsection (1) here above, or any simulation thereof, within the establishment dealing in alcoholic beverages.
4.Â
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 (2) here above, or any simulation thereof, within the establishment dealing in alcoholic beverages.
5.Â
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 (2) here above, buttocks as that term is defined in subsection (1) here 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 in alcoholic beverages.
6.Â
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 (1) here above, female breast as that term is defined in subsection (2) here 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 (2) here above, buttocks as that term is defined in subsection (1) here 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 described in subsections (1) through (6), inclusive, here above, or any simulation thereof, within any establishment dealing in alcoholic beverages.
[Ord. 1895, 9/13/1999, § 3]
1.Â
Any person who shall violate the provisions of this Part shall, upon
summary conviction before any districts Justice, 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.
2.Â
Whenever such person shall have been officially notified by the Borough
of Pottstown 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 Part, each day that said person shall continue such violation
after such notification shall constitute a separate offense punishable
by a like find or penalty. Such fines or penalties shall be collected
as like fines or penalties are not by law collected.
