As used in this article, the following terms
shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture 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 BOOKSTORE OR ADULT VIDEO STORE
A commercial establishment which, as its primary business
purpose, offers for sale or rental for any form of consideration any
one or more of the following: books, magazines, periodicals or other
printed matter, photographs, films, motion pictures, videocassettes,
video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or instruments, devices or paraphernalia which are designed
for use in connection with specified sexual activities. This definition
shall not include the video sale or rental establishment which as
its primary business, leases, rents or sells nonadult-oriented materials.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features persons appearing in the state of nudity;
live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; films, motion
pictures, videocassettes, slides, digital imaging, photographic reproductions
or any and all visual media using the most recent technology, which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, files,
motion pictures, videocassettes, slides, digital imaging, photographic
reproductions or any visual media using current technology which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas; and has a sign visible from
the public right-of-way which advertises the availability of this
adult-type of photographic reproductions; or offers sleeping rooms
for rent four or more times in one calendar day during five or more
calendar days in any continuous thirty-day period.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
CHILD-ORIENTED BUSINESS
Any commercial establishment which, as one of its principal
business purposes, serves and/or sells children and their families
food, apparel, goods, services, play and/or entertainment.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
Any person or business association who furnishes, offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
PERMITTEE AND/OR LICENSEE
Any person in whose name a permit and/or license to operate
a sexually oriented business has been issued as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, public region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration physical contact
in the form of wrestling or tumbling between persons of the opposite
sex; or activities between male and female persons and/or persons
of the same sex when one of more of the persons is in a state of nudity
or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following: fondling or other erotic touching
of human genitals, public region, buttocks, anus or female breasts;
sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy; masturbation, actual or simulated; or excretory
functions as part of or in connection with any other specified sexual
activities.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following: the sale, lease or sublease
of the business; the transfer of securities which constitute a controlling
interest in the business, whether by sale, exchange or similar means;
or the establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
Sexually oriented businesses are classified
as follows:
Adult arcades.
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Adult bookstores or adult video stores.
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Adult cabarets.
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Adult motels.
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Adult motion-picture theaters.
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Adult theaters.
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Escort agencies.
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Nude model studios.
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Sexual encounter centers.
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The annual fee for a sexually oriented business
permit shall be set from time to time by the City Council.
The Zoning Officer shall suspend a permit for
period not to exceed 30 days if he determines that a permittee or
an employee of a permittee has violated or is not in compliance with
any section to this article, refused to allow an inspection of the
sexually oriented business premises as authorized by this chapter
or, knowingly permitted gambling by any person on the sexually oriented
business premises.
A permittee shall not transfer his permit to
another person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
It is a defense to prosecution under this article
that a person appearing in a state of nudity did so in a modeling
class operated by a proprietary school, licensed by the Commonwealth
of Pennsylvania, or a college, junior college or university supported
entirely or partly by taxation; a private college or university which
maintains and operates educational programs in which credits are transferable
to a college, junior college or university supported entirely or partly
by taxation; in a structure which has no sight visible from the exterior
of the structure and no other advertising that indicates a nude person
is available for viewing; where, in order to participate in a class,
a student must enroll at least three days in advance of the class;
and where no more than one nude model is on the premises at any one
time.
A person who operates or causes to be operated
a sexually oriented business without a valid permit or in violation
of this article is subject to an action in equity or a suit for injunction
as well as citations for violations of the Zoning Chapter.
The provisions of this article are severable,
and, if any section, sentence, clause or part or provision hereof
shall be held illegal, invalid or unconstitutional by any court of
competent jurisdiction, such decision of the court shall not affect
the remaining sections, sentences, clauses, parts or provisions of
this article. It is hereby declared to be in the intent of the Council
that this article would have been adopted if such illegal, invalid
or unconstitutional section, sentence, clause, part or provision had
not been included herein.