Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein indicated:
Any place to which the public is permitted or invited, for
any form of consideration, where electronically, electrically, or
mechanically controlled still or motion-picture machines, projectors,
video or laser disc players, 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 commercial establishment which, as one of its principal purposes,
offers for sale or rental for any form of consideration any one or
more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, compact
discs, slides, or other visual representations which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
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 adult bookstore, adult novelty store,
or adult video store. Such other business purposes will not serve
to exempt such commercial establishments from being categorized as
an adult bookstore, adult novelty store, or adult video store so long
as one of its principal business purposes is the offering for sale
or rental for consideration the specified materials which are characterized
by the depiction, or description of, specified sexual activities or
specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, compact discs, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical area.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contractual basis,
whether or not the person is designated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation and/or consideration by the operator of
said business. "Adult employee" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment
on the premises, or for the delivery of goods to the premises.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license, and in the case of an adult employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, compact discs, 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;
Offers a room with a bed for rent for a period of time that
is less than 10 hours; or
Allows a tenant or occupant of a room with a bed to subrent
the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, compact discs, slides, or
similar photographic reproductions are regularly shown which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminudity, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
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.
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.
Any place other than a private residence where a person who
appears seminude, in a state of nudity, or who displays specified
anatomical areas and is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons who pay money or any form of consideration.
Nude model studio shall not include a proprietary school licensed
by the Commonwealth of Pennsylvania or a college, junior college or
university supported entirely or in part by public taxation; 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 in a structure:
The showing of the human or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the areola, or the showing of the covered
male genitals in a discernibly flaccid and/or turgid state.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The showing of the female breast below a horizontal line
across the top of the areola at its highest point or the showing of
the male or female buttocks. 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, skirt, leotard, bathing suit, or other wearing apparel provided
the areola is not exposed in whole or in part.
A business or commercial enterprise that, as one of its principal
business purposes, offers, for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion-picture theater,
adult theater, escort agency, nude model studio, or sexual encounter
center. The term shall not include any establishment that offers massage
therapy by a massage therapist licensed by the Commonwealth of Pennsylvania
under the Pennsylvania Massage Therapy Law, 63 P.S. § 627.1.
[Amended 9-12-2011 by Ord. No. 1601]
Any of the following offenses: Prostitution or promotion of
prostitution; dissemination of obscenity; sale, distribution or display
of harmful material to a minor; sexual performance involving a child;
possession or distribution of child pornography; public lewdness;
loitering; indecent exposure; indecency with a child; engaging in
organized criminal activity; sexual assault; molestation of a child;
gambling; or distribution of a controlled substance; or any similar
offenses to those described above, for which:
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a violation of
this chapter and not a felony;
Less than five years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a violation of this chapter
and is of a felony offense; or
Less than five years have elapsed since the date of the last
determination of liability for two or more violations of this chapter,
or a combination of a violation of this chapter and one or more other
criminal offenses occurring within any twenty-four month period.
The fact that a conviction is being appealed shall have no effect
on this disqualification of the applicant or a person residing with
the applicant.
Any of the following:
The increase in floor area occupied by the business by more
than 25% as the floor area exists on the date this chapter takes effect.
The Township of Upper Moreland, Montgomery County, Pennsylvania.
Includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
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:
