(a) It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of these regulations in order to assist with any interpretation of said provisions and to insure uniformity of application. It is intended that the following words, term and phrases, whenever used, shall be construed as defined in this section, unless from the context a different meaning is clearly intended.
(b) For the purpose of this chapter, “adult entertainment establishments” are defined as follows:
(1) Adult bookstore. Any establishment having a substantial or significant portion (twenty-five percent or greater) of its stock in:
A. Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(2) Adult cabaret.
A. An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas;
B. A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
(3) Adult mini-motion picture theater. An enclosed or unenclosed building with a capacity of more than five, but less that fifty, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(4) Adult motel. A motel or similar establishment, offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or descriptions of specified sexual activities or specified anatomical areas.
(5) Adult motel studio. A motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or descriptions of specified sexual activities or specified anatomical areas.
(6) Adult motion picture arcade. An enclosed or unenclosed building with a capacity of fifty or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(7) Adult motion picture theater. An enclosed or unenclosed building with a capacity of fifty or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(8) Adult newsrack. Any coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
(9) Adult theater. A theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
(10) Bath house. An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner. A medical practitioner, for the purpose of this definition, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
(11) Body painting studio. Any establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.
(12) Massage parlor. Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment, where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(13) Out call service activity. An establishment or business which operates an out call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service, during which time specified anatomical areas are displayed or specified sexual activity occurs.
(14) Sexual encounter center. Any business, agency or person who or which, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner, as defined in paragraph (b)(10) hereof, licensed by the Commonwealth to engage in sexual therapy.
(15) Miscellaneous businesses or establishments. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(c) “Specified anatomical areas”, as used herein, shall mean and include any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(d) “Specified sexual activities” includes the following:
(1) Showing of human genitals in a state of sexual stimulation or arousal;
(2) Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or any other specified sexual activity prohibited by law;
(3) Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
(Ord. 2235. Passed 8-10-98.)