Township of East Caln, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Caln as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Conduct — See Ch. 85.
[Adopted 6-8-1977 by Ord. No. 1977-2]

§ 62-1 Definitions.

[Added 3-21-2001 by Ord. No. 2001-3]
As used in this article, 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.
A. 
Any liquor, alcoholic, spirituous, vinous, fermented or other alcoholic beverage or combination of liquors and mixed liquors 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.
B. 
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.
C. 
Any whiskey or alcoholic distillate from a fermented mash of grain, capable of being used for beverage purposes.
ESTABLISHMENT 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 requirements, including those licensed by the Commonwealth for sale and/or service of alcoholic beverages and any bottle club, "bring your own booze" (BYOB) establishment, hotel, motel, restaurant, night club, country club, cabaret, meeting facility utilized by any religious, social fraternal or similar organizations, business or commercial establishment where the product or article 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 is not an establishment dealing in alcoholic beverages.
PERSON
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 the 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.

§ 62-2 Nudity, sexual conduct prohibited.

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 the 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 or top line shall be drawn at the top of the cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hips to the back of the leg) and the second or bottom line drawn at the lowest visible point of the 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 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 the 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 the areola is not exposed of visible in whole or in part.
C. 
No person maintaining, owning or operating an establishment dealing in alcoholic beverage 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 described in Subsection A hereabove, or any simulation thereof, within the establishment dealing in alcoholic beverage.
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 breast as defined in Subsection B hereabove, 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 hereabove, buttocks as that term is defined in Subsection A 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.
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 the human male genitals in a discernibly turgid state, even if covered, pubic area, vulva, anus, anal cleft or cleavage, buttocks as that item is defined in Subsection A hereabove, female breast as that term is defined in Subsection B 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 B hereabove, buttocks as that term is defined in Subsection A 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 object are employed to depict, or drawings are employed to portray, an of the prohibited activities described in Subsections A-F, inclusive, hereabove, or any simulation thereof, within any establishment dealing in alcoholic beverages.

§ 62-3 Violations and penalties.

[Amended 7-19-2006 by Ord. No. 2006-01]
Any person, firm or corporation who shall violate any provision of this article, 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. Whenever such person shall have been officially notified by the Township of East Caln or by 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 and penalties shall be collected as like fines or penalties are now by law collected.
[Adopted 11-2-2005 by Ord. No. 2005-14]

§ 62-4 Drinking in certain public areas prohibited.

No person shall drink any alcoholic or fermented malt beverage in any vehicle or otherwise upon the streets, sidewalks, parks, public parking lots, school or church properties or upon any private parking lots or any other private areas open to public use in the Township of East Caln.

§ 62-5 Carrying or possession in certain public areas prohibited.

No person shall carry or possess any alcoholic or fermented malt beverage with the intention of consuming the same upon the streets, sidewalks, parks, public parking lots, school or church properties or upon any private parking lots or any other private areas open to public use in the Township of East Caln.

§ 62-6 Possession of open container; presumption of intent.

The possession of any open bottle, can or container containing an alcoholic or fermented malt beverage in a motor vehicle or otherwise upon any street, sidewalk, park, public parking lot or any other private parking lot, school or church property or upon any private parking lot or any other private areas open to public use in the Township of East Caln shall be presumed to be with the intent to consume such beverage.

§ 62-7 Construal of provisions.

No provision of this chapter shall be construed in derogation of the rights of the owner or tenant of any private property to legally use said premises or to grant permission to others for the lawful use thereof upon said premises.

§ 62-8 Violations and penalties.

Any person who shall be convicted of a violation of any of the provisions of this article before any District Justice shall be sentenced to pay a fine of not exceeding $600, together with costs of prosecution, and, in default of payment of such fine and costs, to imprisonment in the county jail for a term not to exceed 30 days.