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-picture 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.
- 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 is 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 of 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 reproduction; or
- B.
Offers sleeping rooms for rent four or more times in one calendar
day during five or more calendar days in any continuous thirty-day
period.
- 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.
- CHILD-ORIENTED BUSINESS
- A commercial establishment which, as one of its principal
business purposes, serves and/or sells children and their families
food, apparel, goods, services, play and/or entertainment.
- 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.
- MUNICIPALITY
- Borough of Mars.
- 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, sculpted, photographed, or similarly depicted
by other persons who pay money or any form of consideration.
- NUDITY or A STATE OF NUDITY
- The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast.
- 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 areola 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.
- SUBSTANTIAL ENLARGEMENT (OF A SEXUALLY ORIENTED BUSINESS)
- The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the date of enactment of this
article.
- 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.
The annual fee for a sexually oriented 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
a permittee has:
A. Violated or is not in compliance with any section of this article.
B. Refused to allow an inspection of the sexually oriented business
premises as authorized by this article.
C. Knowingly permitted gambling by any person on the sexually oriented
business premises.
D. Failed to man manager's stations and/or maintain viewing rooms
as set forth in §
270-127.
It is a defense to prosecution under §§
270-121
and
270-126 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 this article is
subject to an action in equity or a suit for injunction, as well as
citations for violations of this chapter.
A person who operates or causes to be operated a sexually oriented
business without a valid permit is in violation of this article and
shall pay to the Borough fines and penalties as set forth in Article
XVIII of this chapter.