[Ord. No. 82-1998, 1/13/1998, § 1]
Pursuant to the authority granted in the Second Class Township Code to prohibit nuisances; to promote the health, cleanliness, comfort and safety of the citizens of Sugarloaf Township and the authority of political subdivisions of the Commonwealth of Pennsylvania to enact local ordinances to regulate, inter alia, the sale, distribution, display and exhibition of and activities concerning obscene and other sexual materials as provided for in 18 Pa.C.S.A. § 5903(k) and as upheld by the United States District Court for the Eastern District of Pennsylvania, in Brown v. Pornography Commission of Lower Southampton Township, 620 F. Supp 1199 (1985), the Township of Sugarloaf enacts the following Part.
[Ord. No. 82-1998, 1/13/1998, § 2]
1. 
Offenses Defined. No person, knowing the obscene character of the materials or performances involved shall, within the Township of Sugarloaf:
A. 
Display or cause or permit the display of any explicit sexual materials as defined in Subsection 3 in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion-picture screen, marquee or similar place in such manner that the display is visible from any public street, highway, sidewalk, transportation facility or other public thoroughfare, or in any business or commercial establishment where minors, as a part of the general public or otherwise, are or will probably be exposed to view all or any part of such materials.
B. 
Sell, lend, distribute, exhibit give away or show any obscene materials to any person 18 years of age or older or offer to sell, lend, distribute, exhibit or give away or show, or have in his possession with intent to sell, lend, distribute, exhibit or give away or show any obscene materials to any person 18 years of age or older, or knowingly advertise any obscene materials in any manner.
C. 
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.
D. 
Write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice of any kind giving information, directly or indirectly, stating or purporting to state where, how, from whom, or by what means any obscene materials can be purchased, obtained or had.
E. 
Produce, present or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity.
F. 
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this subsection.
2. 
Definitions. As used in this subpart, the following words and phrases shall have the meanings given to them in this subsection:
COMMUNITY
For the purpose of applying the contemporary community standards in this subpart, "community" means the state.
KNOWING
As used in Subsection 1, "knowing" means having general knowledge of, or reason to know or a belief or ground for belief which warrants further inspection or inquiry of the character and content of any material or performance described therein which is reasonably susceptible or examination by the person charged with violation of this subpart.
MATERIAL
Any literature, including any book, magazine, pamphlet, newspaper, story paper, bumper sticker, comic book or writing; any figure, visual representation, or image, including any drawing, photograph, picture, videotape or motion picture.
NUDE
The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.
OBSCENE
Any material or performance, if:
A. 
The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
B. 
The subject matter depicts or describes, in a patently offensive way, sexual conduct of a type described in this subpart.
C. 
The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
PERFORMANCE
Any play, dance or other live exhibition performed before an audience.
SADOMASOCHISTIC ABUSE
In a sexual context, flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or in a bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed.
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, anal or oral sodomy and sexual bestiality; and patently offensive representations or descriptions of masturbation, excretory functions, sadomasochistic abuse and lewd exhibitions of the genitals.
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations.
3. 
Dissemination to Minors. No persons shall knowingly disseminate by sale, loan or otherwise explicit sexual materials to a minor. "Explicit sexual materials," as used in this subsection, means materials which are obscene or:
A. 
Any picture, photograph, drawing sculpture, motion-picture film, videotape or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors.
B. 
Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in Subsection 2, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
4. 
Admitting Minor to Show. It shall be unlawful for any person knowingly to exhibit for monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion-picture show or other presentation or performance which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors, except the foregoing shall not apply to any minor accompanied by his parent.
5. 
Definitions. As used in Subsections 3 and 4 of this section:
HARMFUL TO MINORS
That quality of any description or representation in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
A. 
Predominantly appeals to the prurient, shameful or morbid interest of minors.
B. 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable materials for minors.
C. 
Taken as a whole, lacks serious literary, artistic, political, educational or scientific value for minors.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief or grounds for belief which warrants further inspection or inquiry of both:
A. 
The character and content of any material or performance described herein which is reasonably susceptible of examination by the person charged with violation of this subpart.
B. 
The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the person charged with violation of this subpart made a reasonable, bona fide attempt to ascertain the true age of such minor.
MINOR
Any person under age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is clad in undergarments, a mask or in bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT
Acts of masturbation, homosexuality, sexual intercourse, sexual bestiality or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, a breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
6. 
Requiring Sale as a Condition of Business Dealings. No person shall knowingly require any distributor or retail seller as a condition to sale or delivery for resale or consignment of any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, videotape, figure or image, or any written or printed matter, or any article or instrument to purchase or take by consignment for purposes of sale, resale or distribution any obscene literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, videotape, figure or image, or any written or printed matter of an obscene nature or any article or instrument of an obscene nature.
[Ord. No. 82-1998, 1/13/1998, § 3]
Nothing in this subpart shall apply to any recognized historical society or museum accorded charitable status by the federal government, any country, city, borough, township or town library, any public library, any library of any school, college or university or any archive or library under the supervision and control of the commonwealth or a political subdivision.
[Ord. No. 82-1998, 1/13/1998, § 4; as amended by A.O.]
Any person, firm or corporation who shall violate any provision of this subpart, upon conviction thereof in an action brought before a Magisterial District Judge 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 costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this subpart continues or each section of this subpart which shall be found to have been violated shall constitute a separate offense.
[Ord. No. 83-1998, 1/13/1998, § 1]
As used in this subpart, the following terms shall have the meanings indicated:
ALCOHOL
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.
ALCOHOLIC BEVERAGES
1. 
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.
2. 
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.
3. 
Any whiskey or alcoholic distillate from a fermented mash of grain, capable of being used for beverage purposes.
ESTABLISHMENTS DEALING IN ALCOHOLIC BEVERAGES
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; any bottle club; hotel; motel; restaurant; nightclub; 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, if intended to be, mixed, combined with or drunk 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.
PERSON
A natural person, association or corporation. Whenever used in a section 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, under the bylaws of such clubs, shall have jurisdiction over possession and sale of alcoholic beverages therein.
[Ord. No. 83-1998, 1/13/1998, § 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, buttocks or any simulation thereof, in an establishment dealing in alcoholic beverages. For purposes of this Subsection 1, "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 or 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 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 outside of each leg. This subpart 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 a horizontal line across the top of the areola at its highest point, or simulation thereof, in any 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 hereabove, 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 hereabove, 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 hereabove, buttocks as that term is defined in Subsection 1 hereabove, 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 that term is defined in Subsection 1 hereabove, female breast as that term is defined in Subsection 2 hereabove, 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 hereabove, buttocks as that term is defined in Subsection 1 hereabove, 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, hereabove, or any simulation thereof, within any establishment dealing in alcoholic beverages.
[Ord. No. 83-1998, 1/13/1998, § 3; as amended by A.O.]
1. 
Any person, firm or corporation who shall violate any provision of this subpart, upon conviction thereof in an action brought before a Magisterial District Judge 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 costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this subpart continues or each section of this subpart which shall be found to have been violated shall constitute a separate offense.
2. 
Whenever such person shall have been officially notified by the Township of Sugarloaf or by other service of a summons in a prosecution or in any other official manner that said person is committing a violation of this subpart, each day that said person shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.