[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-3-1996 by Ord. No. 96-14]
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; 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 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, 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 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, buttocks, or any simulation thereof, in an establishment dealing in alcoholic beverages. For purposes of this Subsection A, "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, 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, 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, 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.
Any person who violates or permits a violation of
this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Whenever such person shall have been officially notified
by the Township of Birmingham 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 article, 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.
