The following words or phrases, when used in this chapter, shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
ADULT BOOKSTORE
An establishment having a substantial or significant portion
of its stock and trade in, or an establishment which, as one of its
principal business purposes, offers for sale, books, films, videocassettes
or magazines and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas and, in conjunction
therewith, has facilities for the presentation of adult entertainment
for observation by patrons.
ADULT ENTERTAINMENT
A.
An exhibition of any adult-oriented motion picture, meaning
those distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
B.
A live performance, display or dance of any type which has a
significant or substantial portion of the performance any actual or
simulated performance of specified sexual activities or exhibition
and viewing of specified anatomical areas, removal of articles of
clothing or appearing unclothed, pantomiming, modeling or any other
personal services offered customers.
ADULT MINI MOTION-PICTURE MATERIALS
An enclosed building with a capacity of 50 or more persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
ADULT-ORIENTED ESTABLISHMENTS
A.
The term includes, without limitation, the following establishments
when operated for profit, whether direct or indirect:
(2)
Adult motion-picture theaters.
(3)
Adult mini motion-picture theater.
(4)
Any premises to which the public, patrons or members are invited
or admitted and which are so physically arranged as to provide booths,
cubicles, rooms, studios, compartments or stalls separate from the
common areas of the premises for the purpose of viewing adult-oriented
motion pictures or where an entertainer provides adult entertainment
to a member of the public, a patron or a member.
(5)
An adult entertainment studio or any premises that are physically
arranged and used as such, whether advertised or represented as an
adult entertainment studio, rap studio, exotic dance studio, sensitivity
studio, modeling studio or any other term of like import.
B.
The term "booths," "cubicles," "rooms," "studios," "compartments"
or "stalls" for purposes of defining adult-oriented establishments
does not mean enclosures which are private offices used by the owner,
manager or persons employed on the premises for attending to the tasks
of their employment and which are not held out to the public for the
purpose of viewing motion pictures or other entertainment for a fee
and which are not open to any persons other than employees.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any service directly related to the operation
of an adult-oriented establishment.
ENTERTAINER
A person who provides entertainment within an adult-oriented
establishment, whether or not a fee is charged or accepted for entertainment
and whether or not entertainment is provided as an employee or an
independent contractor.
INSPECTOR
An employee of the Allegheny County Health Department authorized
and designated by the Director of the Department, the Borough of Bellevue
Building Inspector, the Borough of Bellevue Code Enforcement Officer,
an employee of the Borough of Bellevue Police Department authorized
by the commanding officer of the said Police Department, or other
persons designated by the Town Council of the Borough of Bellevue
to inspect premises regulated under this chapter, to cooperate in
taking the required actions authorized by this chapter where violations
are found on a premises, and to request correction of unsatisfactory
conditions found on the premises.
MINOR
A person under 18 years of age.
OPERATOR
A person, partnership or corporation operating, conducting
or maintaining an adult-oriented establishment.
SEXUAL ACTIVITIES
The term does not include any of the following:
A.
Medical publications or firms or bona fide educational publications
or films.
B.
Any art or photography publications which devote at least 25%
of the lineage of each issue to articles and advertisements dealing
with subjects of art or photography.
C.
Any news periodical which reports or describes and reports different
cultures and which from time to time publishes or shows photographs
or depictions of nude or seminude persons when describing cultures
in which nudity or seminudity is indigenous to the populations.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals or pubic region.
(3)
Female breasts below a point immediately above the top of the
areola.
B.
Human male genitals in a discernibly turgid state, even if completely
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
The term includes any of the following:
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts.
Every act or omission by an employee constituting a violation
of this chapter shall be deemed the act or omission of the operator
if the act or omission occurs either with the authorization, knowledge
or approval of the operator or as a result of the operator's
negligent failure to supervise the employee's conduct, and the
operator shall be punishable for the act or omission in the same manner
as if the operator committed the act or caused the omission.
All adult-oriented establishments shall be open to inspection
at all reasonable times by inspectors.
An operator or owner of an adult entertainment establishment
or any agent of the operator or owner who, after any injunction has
been granted, uses the premises or any part of the premises or knowingly
permits the premises or any part of the premises to be used in violation
of an order of abatement or injunction shall be subject to summary
punishment as for contempt of court in the manner now provided by
law.
Any person, firm or corporation violating any provision of this
chapter shall, upon conviction thereof, be sentenced to a fine of
not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation continues shall constitute a separate offense.
This chapter shall not be deemed to affect any remedy available
against an adult entertainment establishment or adult bookstore.