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Borough of Mifflinburg, PA
Union County
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Code
New Laws (3) Index
[Ord. 98-06, 8/18/1998, § 1; as amended by Ord. 2007-4, 9/18/2007]
ADULT BOOKSTORE
An establishment having as 10% or more of its stock-in-trade, books, magazines, films or videos for sale or viewing on premises by use of any motion picture, video cassette or other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such materials or services.
ADULT ENTERTAINMENT CABARET
Any public or private establishment, whether or not food or beverages are allowed, which features topless dancers, strippers, male or female impersonators or similar entertainers.
ADULT MASSAGE PARLORS
Any place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating parts of the body, relating to "specified sexual activities" or "specified anatomical areas," with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such items.
ADULT MOTION-PICTURE THEATER
An enclosed building used more than 10% of the time it is open for business for presenting motion-picture, video or similar media distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
ADULT USE
Any establishment having as a substantial or significant portion of its stock-in-trade or service provided any goods or services which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such materials or services. Such uses shall include "adult bookstores," "adult motion-picture theaters," "adult entertainment cabaret," "massage parlors," or "other adult uses."
ADULT USES, OTHER
Any business activity or use similar to or of the general nature of adult bookstores, adult motion-picture theaters, adult entertainment cabarets, or adult massage parlors, which provide goods or services distinguished or characterized by their emphasis on "specified sexual activities" or "specified anatomical areas" such as escort bureaus, nude wrestling studios, phone sex services and studios, all of which exclude minors by virtue of age as patrons thereof.
SPECIFIED ANATOMICAL AREAS
1. 
Less than completely and opaquely covered:
A. 
Human genitals, pubic region.
B. 
Buttocks.
C. 
Female breast below a point immediately above the top of the areola.
2. 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
1. 
Human genitals in a state of sexual stimulation or arousal.
2. 
Acts of human masturbation, sexual intercourse or sodomy.
3. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
THERAPUTIC MASSAGE ESTABLISHMENT
Any place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating parts of the body with the hands or with the aid or any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such items.
[Ord. 98-906, 8/18/1998, § 2; as amended by Ord. 2007-4, 9/18/2007]
As defined in this Part, provided that they comply with all other requirements of this Part and the provisions listed below:
1. 
No adult use shall be located within 500 feet of any residential district.
2. 
No adult use shall be located within 1,000 feet of any public park or playground, school, church, child care facility or other area where minors congregate.
3. 
No adult use shall be located within 500 feet of any other adult use.
4. 
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or related to specified sexual activities or specified anatomical areas from any public way or from any property not permitted as an adult use. This provision shall apply to any display, decoration, sign, show window, door, or other opening.
5. 
Screening shall comply with § 29-507 of Chapter 29, Zoning.
6. 
No adult use shall be conducted in any manner that violates any of the provisions of § 29-511, Off-Street Parking, of Chapter 29, Zoning.
7. 
No adult use shall be located within 500 feet of any establishment licensed by the Pennsylvania Liquor Control Board to dispense alcoholic beverages.
8. 
Outdoor lighting shall comply with § 29-520 of Chapter 29, Zoning.
9. 
No signs shall depict, display or describe any portion of the human anatomy or specified sexual activities as defined in this Part. Signage shall comply with § 29-517 of Chapter 29, Zoning.
10. 
Any adult use that violates any provision of this Part or any other applicable Borough Ordinance shall have its zoning permit terminated within 30 days of being found in violation by the District Magistrate.