As used herein in Subsection
K(1), the following words shall have the meanings herein indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated or, for any form of consideration, 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.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
(a)
A commercial establishment which, as its principal purpose,
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, video cassettes or video reproductions, slides
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; or
[2]
Instruments, devices or paraphernalia which are 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, 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 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.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
(a)
Persons who appear in a state of nudity or seminudity;
(b)
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
(c)
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, 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 seminudity, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise, and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "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.
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 which furnishes, offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
(a)
The opening or commencement of any sexually oriented business
as a new business;
(b)
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
(c)
The addition of any sexually oriented business to any other
existing sexually oriented business; or
(d)
The relocation of any sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears seminude, in a state
of nudity or who displays specified anatomical areas 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 State 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:
(a)
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing.
(b)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class.
(c)
Where no more than one nude or seminude model is on the premises
at any one time.
NUDITY or A STATE OF NUDITY
The showing of the human male 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 nipple or the showing of the covered
male genitals in a discernible turgid state.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers, for any form of consideration:
(a)
Physical contact in the form of massage, 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 seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola or human male
genitals in a discernibly turgid state, even if completely covered.
SPECIFIED SEXUAL ACTIVITIES
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, masturbation or sodomy; or
(c)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(a) and
(b) above.
SUBSTANTIAL ENLARGEMENT
The increase in floor area occupied by a sexually oriented
business by more than 25%, as the floor areas exist at the date of
passage of this chapter.