[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]
[Added 3-21-2001 by Ord. No. 2001-3]
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 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.
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 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.
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
[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]
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.
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.
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.
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.
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.
