For the purpose of this Part, unless the context clearly require
different meaning, the words, terms and phrases set forth shall have
the meanings given them in this section.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or club-operated or electronically, electrically or
mechanically controlled still or motion picture, or video 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 BOOK STORE
An establishment having as a substantial, significant or
preponderant portion of its stock in matter which are distinguished
or characterized by their emphasis on content depicting, describing
or relating to "specified sexual activities" or "specified anatomical
areas," as defined herein.
ADULT BUSINESS
Any adult or sexually oriented business, including any business
establishment that regularly features live performances which are
distinguished or characterized by an emphasis on the exposure of the
genitals or buttocks of any person, or the breasts of any female person,
or specified sexual activities that involve the exposure of the genitals
or buttocks of any person, or the breasts of any female person, or
any business whose primary purpose is the sale or display of matter
that, because of its sexually explicit nature, may, pursuant to state
law or other regulatory authority, be offered only to persons over
the age of 18 years. Adult business may include an adult arcade, adult
bookstore, adult cabaret, adult hotel/motel, adult motion picture
theater, adult visual materials or video store, adult modeling studio
or adult entertainment enterprise, as defined herein.
ADULT BUSINESS OPERATOR
A person who supervises, manages, inspects, directs, organizes,
controls or in any other way is responsible for or in charge of the
premises of an adult business or the conduct or activities occurring
on the premises thereof.
ADULT BUSINESS OWNER
A person or persons who hold a financial or other business
interest, in whole or in part, either singly or jointly, in an adult
business. For purposes of this Part, indicia of ownership may be established
by evidence including, but not limited to, business license information,
fictitious business name registration, utility billing information
or by other competent evidence. For purposes of this Part, the person
whose name appears on the business license application as the business
owner shall be deemed to be the adult business owner.
ADULT CABARET
A building or portion thereof or area regularly featuring
the presentation or exhibition of live performers whose performances
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" as hereinafter defined; or whose performances are
rendered in a state of dress so as to expose the female breast below
a point immediately above the top of the areola; male or female genitals;
pubic areas; buttocks; or the female breast with only the nipple and
areola covered, or any combination thereof, for observation by patrons
or customers.
ADULT ENTERTAINMENT ENTERPRISE
Any business activity wherein:
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(1)
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Is furnished for a fee or charge or other like consideration
the opportunity to paint, feel, handle, touch, be in the presence
of, be entertained by, be painted by, felt by or touched by, the unclothed
body or the unclothed of the body of another person, or to observe,
view or photograph such activity.
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(2)
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A fee or charge or like consideration is paid or received for
goods sold or services rendered by or in the presence of one or more
persons with an unclothed body or an unclothed portion of the body.
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Adult entertainment enterprise shall include, but not be limited
to, the following business activities and activities similar thereto
adult or nude encounter studios, adult or nude dance studios, nude
exhibitions, peep shows, wrestling centers, adult or nude art or photograph
studios. "Unclothed portion of the body" shall mean state of dress
so as to expose the female breast below a point immediately above
the top of the areola, male or female genitals, pubic areas, buttocks
or female breast with only the nipple and areola covered.
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ADULT ENTERTAINMENT ROOM
Any room of an adult entertainment establishment which constitutes
an adult cabaret, adult motion picture theater, adult entertainment
enterprise, or adult theater or adult visual materials store pursuant
to this section.
ADULT HOTEL/MOTEL
A hotel or motel or similar business establishment offering
public accommodations for any form of consideration which provides
patrons with closed-circuit television transmissions, films, computer
generated images, motion pictures, video cassettes, slides or other
photographic reproductions 30% or more of the number of which are
distinguished or characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical
areas; and rents, leases or lets any room for less than a six-hour
period, or rents, leases or lets any single room more than twice in
a twenty-four-hour period.
ADULT MODELING STUDIO
A business which provides, for any form of compensation,
monetary or other consideration, hire or reward, figure models who,
for the purposes of sexual stimulation of patrons, display "specified
anatomical areas" to be observed, sketched, photographed, painted,
sculpted or otherwise depicted by persons paying such consideration.
Modeling studio does not include schools maintained pursuant to standards
set by the State Board of Education. Modeling studio further does
not include a studio or similar facility owned, operated or maintained
by an individual artist or group of artists, and which does not provide,
permit or make available "specified sexual activities."
ADULT MOTION PICTURE THEATER
A building or portion thereof or area, open or enclosed,
used for the presentation on more than a of the days in a calendar
year during which motion picture films, video cassettes, cable television
or any other such visual media are displayed or exhibited, of films,
video cassettes, cable television or other visual media which are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" as hereinafter defined for observation by patrons
or customers. Adult motion picture theater does not include any room
or suite of rooms rented for human occupancy in a hotel or motel which
is equipped or furnished with a video cassette playing machine or
cable television, unless such hotel or motel is determined to be an
"adult hotel/motel" as defined herein.
ADULT VISUAL MATERIALS OR VIDEO STORE
A building or portion thereof used by an establishment having
not less than 30% of its actual display area devoted to; or stock
in trade for sale or rental to the public or any segment thereof consist
of books, magazines, other publications, films, video cassettes or
any combination thereof which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" as hereinafter
defined.
APPLICANT
A person who is required to file an application for permit
under this Part, including an individual owner, managing partner,
officer of a corporation or any other operator, manager, employee
or agent of an adult business.
BAR
Any commercial establishment licensed by the State Liquor
Control Board to serve any alcoholic beverages on the premises.
CODE ENFORCEMENT OFFICER
The person responsible for ordinance enforcement functions
within the jurisdiction of the Borough, including, but not limited
to, responsibility for administration and enforcement of the provisions
of this Part.
EMPLOYEE
Every owner, partner, manager, supervisor, performer or other
worker, whether paid or not, who renders services of any nature in
the conduct of an adult business establishment. For purposes of this
Part, it shall be a rebuttable presumption that every person who renders
services of any nature in the conduct of an adult business is an employee
of the adult business.
ENTERTAINER
Any person who is an employee or independent contractor of
the adult business, or any person who, with or without any compensation
or other form of consideration, performs live entertainment for patrons
of an adult business.
OPERATE AN ADULT BUSINESS
The supervising, managing, inspecting, directing, organizing,
controlling or in any way being responsible for or in charge of the
conduct of activities of an adult business or activities within an
adult business.
PERMITTEE
The person to whom an adult business permit is issued.
PERSON
Any individual, firm, association, partnership, coparty,
corporation, limited liability corporation, joint stock company, joint
venture or combination of the above in whatever form or character.
REGULARLY FEATURES WITH RESPECT TO AN ADULT BUSINESS
A regular, substantial course of conduct. The presentation,
in or at any building or portion thereof, of live performances which
are distinguished or characterized by an emphasis upon the display
of specified anatomical areas or specified sexual activity on two
or more occasions within a thirty-day period; three or more occasions
within a sixty-day period; or four or more occasions within a one-hundred-eighty-day
period, shall to the extent permitted by law be deemed to be a regular
and substantial course of conduct.
SEMI-NUDE
A state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, areola of the female breast, as
well as portions of the body covered by supporting straps or devices,
such as by "G" strings, pasties, thongs, bikinis or other similar
forms of garments or devices.
SPECIFIED ANATOMICAL AREAS
Any of the following:
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(1)
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Less than completely and opaquely covered human genitals, pubic
region, buttocks and female breast below a point immediately above
the top of the areola.
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(2)
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Human male genitals in a discernibly turgid state, even if completely
opaquely covered.
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(3)
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Any device, costume or covering that simulates any of the body
part included in subparagraphs (1) or (2) above.
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(1)
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Human genitals in a state of sexual stimulation or arousal.
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(2)
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Sexual acts, actual or simulated, including sexual intercourse,
oral copulation or sodomy.
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(3)
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Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast.
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(4)
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Masturbation, actual or simulated.
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(5)
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Excretory functions as part of or in connection with any of
the other activities described in subparagraphs (1) through (4) of
this paragraph.
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