It is the purpose and intent of this article of this chapter
to regulate sexually oriented businesses to promote the health, safety
and general welfare of the citizens of the Township, and to establish
reasonable and uniform regulations to prevent the continued deleterious
location and concentration of sexually oriented businesses within
the Township. The provisions of this chapter have neither the purpose
nor effect of imposing a limitation or restricting the content of
any communicative materials, including sexually oriented materials.
Similarly, it is not the intent nor effect of this chapter to restrict
or deny access by adults to sexually oriented materials protected
by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market.
Neither is it the intent nor effect of this chapter to condone or
legitimize the distribution of obscene material.
As used in this chapter, 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.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
A commercial establishment which, as one of its 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 are designed for
use in connection with specified sexual activities.
B.
A commercial establishment may have other 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" 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 business purposes is
the offering for sale or rental for consideration the specified materials
which depict or describe specified sexual activities or specified
anatomical areas.
ADULT CABARET
A nightclub, or bar, 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 reproductions; 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 other 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.
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 business purposes
for a fee, tip, or other consideration.
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, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration.
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.
RESTAURANT
A place where the sale of food and the sale of nonintoxicating
beverages or intoxicating beverages is licensed by the Pennsylvania
Liquor Control Board.
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 business
purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; and
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, means the increase in floor
areas occupied by the business by more than 25%, as the floor areas
exist on date of enactment of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business, means and 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 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;
C. Adult cabarets: excluding restaurants;
E. Adult motion-picture theaters;
I. Sexual encounter centers.
It is a defense to prosecution under this article that a person
appearing in a state of nudity did so in a modeling class operated
in a viewing room:
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 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.