This chapter shall be referred to as the "Sexually Oriented
Business Regulation Provisions."
As used in this chapter, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning.
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 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, video cassettes 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 specific 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 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 other specified materials
which depict or describe specified sexual activities or specified
anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or other commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity; or
B.
Live performances which are characterized by the exposure of
specified anatomical areas; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified anatomical areas.
ADULT ENTERTAINER
A person who provides entertainment within a sexually oriented
establishment, or anyone who performs for a fee, tip or other compensation.
ADULT ENTERTAINMENT
Either or both of the following:
A.
Any exhibition of any adult-oriented motion pictures, 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 of a sexual nature offered patrons.
ADULT MOTION-PICTURE THEATER
An enclosed building 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 OPERATOR
A person, partnership or corporation operating, conducting
or maintaining a sexually oriented establishment.
ADULT THEATER
A theater, concert hall, auditorium or any building 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 by specified sexual activities.
MINOR
Any person under the age of 18.
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.
NUDITY (SEMI)
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 and devices.
NUDITY (TOTAL)
The showing of human male or female genitals or pubic area
with less than a fully opaque covering.
SEXUAL BOOKS OR PUBLICATIONS
Does not include any of the following:
A.
Medical publications or films, 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 current events
and which from time to time publishes photographs of nude or seminude
persons in connection with the dissemination of the news; or
D.
Any publications or films which describe and report different
cultures and which from time to time publish or show photographs or
depictions of nude or seminude persons when describing cultures in
which nudity is indigenous to the populations.
SEXUALLY ORIENTED ESTABLISHMENT
Includes, without limitation, any business or establishment
which offers its patrons services or entertainment characterized by
an emphasis on matters depicting, describing or related to "specific
sexual activities" (as defined herein) or "specified anatomical areas"
(as defined herein), as well as adult arcades, adult bookstores or
adult video stores, adult cabarets, adult motion-picture theaters,
adult mini motion theaters, adult theaters, sexual encounter center,
nude model studios (all of which are defined herein), as well as any
premises to which the public, patrons or members are invited or admitted
and which are so physically arranged so as to provide booths, cubicles,
rooms, studios, compartments or stalls separate from the common areas
of the premises for the purposes of viewing sexually oriented motion
pictures, or where an entertainer provides adult entertainment of
a sexual nature to a member of the public, a patron or a member. The
term also includes studios or premises physically arranged for adult
entertainment, whether advertised or represented as an adult entertainment
studio, exotic dance studio, modeling studio or any term of the like
import. The terms "booths," "cubicles," "rooms," "studios," "compartments"
or "stalls" for purposes of defining "sexually 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.
SEXUALLY RELATED FACILITIES
A business or establishment which offers its patrons services
or entertainment characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas."
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 discernible turgid state, even if completely
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
C.
Acts of human masturbation, sexual intercourse, or sodomy;
D.
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts; or
E.
Excretory functions as part of or in connection with any of
the activities set forth herein.
The Enforcement Officer shall suspend a license for a period
not to exceed 30 days if he determines that a licensee or an employee
of a licensee has:
A. Violated or is not in compliance with any provision of this chapter;
B. Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter; or
C. Knowingly permitted gambling by any person on the sexually oriented
business premises.
A licensee shall not transfer his/her/its license to another,
nor shall a licensee operate a sexually oriented business under the
authority of a license at any place other than the address designated
in the application.
A person commits a violation of this chapter if the person knowingly
allows a person under the age of 18 years on the premises of a sexually
oriented business.
No sexually oriented business shall be open for business before
10:00 a.m., Monday through Saturday, or after 10:00 p.m., Monday through
Saturday. Sexually oriented businesses shall be closed at all times
on Sundays and legal holidays.
It is a defense to prosecution under §
342-14 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,
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; and
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; and
(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.
Any person, firm or corporation who violates or permits a violation
of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a Magisterial
District Judge, pay a fine of not more than $600, plus all court costs,
including reasonable attorney's fees, incurred by the Township in
the enforcement of this chapter. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.