[Adopted 7-17-1997 by Ord. No. 243]
As used in this article, the following terms shall have the
meanings indicated:
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, nightclub, country club or 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 drunk in connection or combination with alcoholic beverages
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, 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 club, shall
have jurisdiction over the possession and sale of alcoholic beverages
therein.
A.
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 in 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 the nates meet the outer side of each leg. This article would
be violated, therefore, if any portion of this area is visible from
any vantage point.
B.
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 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 that the areola is
not exposed or visible in whole or in part.
C.
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 A hereinabove, or any simulation thereof, within the establishment dealing in alcoholic beverages.
D.
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 B hereinabove, or any simulation thereof, within the establishment dealing in alcoholic beverages.
E.
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 or any sexual act which is prohibited by law, the touching, caressing or fondling of the female breast as that term is defined in Subsection B hereinabove, buttocks as that term is defined in Subsection A hereinabove, 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.
F.
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 A hereinabove, female breast as that term is defined in Subsection B hereinabove, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act prohibited by law, the touching, caressing or fondling of the female breast as that term is defined in Subsection B hereinabove, buttocks as that term is defined in Subsection A hereinabove, 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 A through F, inclusive, hereinabove, or any simulation thereof, within any establishment dealing in alcoholic beverages.
A.
The initial determination of violation and the service of notice
of violation shall be made by the Township Manager, or by such other
employee as the Board of Supervisors shall designate, by resolution.
B.
Any person who violates or permits a violation of this article, upon
being found liable therefor in a civil enforcement proceeding, shall
pay a fine of not less than $400 and not more than $600, plus all
court costs, including reasonable attorney's fees, incurred by
the Township in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the District Justice and/or Court. 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.
[Amended 3-4-1999 by Ord. No. 250]
C.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist and for each section of this article
which is found to have been violated.
D.
All fines
and penalties collected for the violation of this article shall be
paid to the Township Treasurer.
