[Ord. 1-1996, 3/6/1996, § 1]
Ethyl alcohol of any degree of proof originally produced
by the distillation of any fermented liquid, whether rectified or
diluted with or without water, whatever may be the origin thereof,
and shall include synthetic ethyl alcohol, but shall not mean or include
ethyl alcohol, whether or not diluted, that has been denatured or
otherwise rendered unfit for beverage purposes.
Any liquor, alcoholic, spirituous, vinous, fermented or other
alcoholic beverage or combination of liquors and mixed liquor a part
of which is spirituous, vinous, fermented or otherwise alcoholic,
including all drinks or drinkable liquids, preparations or mixtures
and reused, recovered or redistilled denatured alcohol usable or taxable
for beverage purposes which contain more than 1/2 of 1% of alcohol
by volume.
Any malt or brewed beverage, beer, lager beer, ale, porter or
similar fermented malt beverage containing 1/2 of 1% or more of alcohol
by volume, by whatever name such beverage may be called.
Any whiskey or alcoholic distillate from a fermented mash of
grain, capable of being used for beverage purposes.
Any business or commercial establishment (whether open to
the public at large or where entrance is limited by cover charge or
membership requirement), including those licensed by the Commonwealth
for sale and/or service of alcoholic beverages; and any bottle club,
hotel, motel, restaurant, night club, country club, cabaret, meeting
facility utilized by any religious, social, fraternal or similar organization,
business or commercial establishment where a product or article is
sold, dispensed, served or provided with the knowledge, actual or
implied, that the same will be or is intended to be mixed, combined
with or consumed in connection or combination with an alcoholic beverage
on the premises of said business or commercial establishment or business
or commercial establishment where the consumption of alcoholic beverages
is permitted. A private residence, whether permanent or temporary
in nature, is not an establishment dealing in alcoholic beverages.
A natural person, association or corporation. Whenever used
in a clause prescribing or imposing a fine, imprisonment or both,
the term "person," as applied to "association," shall mean the partners
or members thereof, and, as applied to "corporation," shall mean the
officers thereof, except, as to incorporated clubs, the term "person"
shall mean such individual or individuals who are under possession
and sale of alcoholic beverages therein.
[Ord. 1-1996, 3/6/1996, § 2]
1.
No person shall expose to public view his or her genitals, including,
without limitation, the human male genitals in a discernibly turgid
state, even if covered, pubic area, vulva, anus, anal cleft or cleavage
or buttocks, or any simulation thereof, in an establishment dealing
in alcoholic beverages. For purposes of this subsection, "buttocks"
shall include the area at the rear of the body which lies between
two imaginary lines running parallel to the ground when a person is
standing, the first top such line drawn at the top of the cleavage
of the nates (i.e., the prominence formed by the muscles running from
the back of the hip to the back of the leg) and the second or bottom
line drawn at the lowest visible point of this cleavage or the lowest
point of the curvature of the fleshy protuberance, whichever is lower,
and between the two imaginary lines on each side of the body, which
lines are perpendicular to the ground and to the horizontal lines
described above, and which perpendicular lines are drawn through the
point at which each nate meets the outer side of each leg. This article
would be violated therefore, if any portion of this area is visible
from any vantage point.
2.
No female shall expose to public view any portion of the breast below
the horizontal line across the top of the areola at its highest point,
or simulation thereof, in an establishment dealing in alcoholic beverages.
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, shirt, opaque leotard,
bathing suit or other wearing apparel; provided, the areola is not
exposed or visible in whole or in part.
3.
No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any person to expose to public view his or her genitals including, without limitation, the human male genitals in a discernibly turgid state, even if covered, pubic area, vulva, anus, anal cleft or cleavage or buttocks as defined in Subsection 1 here above, or any simulation thereof, within the establishment dealing in alcoholic beverages.
4.
No person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any female person to expose to public view any portion of her breasts as defined in Subsection 2 here above, or any simulation thereof, within the establishment dealing in alcoholic beverages.
5.
No person shall engage in and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit any sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, the touching, caressing or fondling of the female breast as that term is defined in Subsection 2 here above, buttocks as that term is defined in Subsection 1 here above, anus or genitals including, without limitation, the human male genitals in a discernibly turgid state, even if covered, or the simulation thereof, within an establishment dealing in alcoholic beverages.
6.
No person shall cause and no person maintaining, owning or operating an establishment dealing in alcoholic beverages shall suffer or permit the exposition or availability of any graphic presentation, including photographs, pictures or the projection of film, which depicts human genitals including, without limitation, the human male genitals in a discernibly turgid state, even if covered, pubic area, vulva, anus, anal cleft or cleavage, buttocks as the term is defined in Subsection 1 here above, female breast as that term is defined in Subsection 2 here above, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, any sexual act prohibited by law, the touching, caressing or fondling of the female breast as that term is defined in Subsection 2 here above, buttocks as that term is defined in Subsection 1 here above, anus or genitals including, without limitation, the human male genitals in a discernibly turgid state, even if covered, scenes wherein artificial devices or inanimate objects are employed to depict or drawings are employed to portray, any of the prohibited activities described in Subsections 1 through 6, inclusive, here above, or any simulation thereof, within any establishment dealing in alcoholic beverages.
[Ord. 1-1996, 3/6/1996, § 2; as amended by Ord.
2-2005, 7/6/2005]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and cost, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
