(7)   Commercial Services Use Category.
This category includes uses that provide for consumer or business services, for the repair and maintenance of a wide variety of products, and for entertainment. The commercial services subcategories are:
(a)   Adult-Oriented Service.
Any of the following:
(.1)   Adult Cabaret.
An adult club, eating and drinking establishment, theater, hall or similar place that may or may not serve alcoholic beverages and features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities, or dancing, performing or acting in a lewd, sexually erotic, exciting, or stimulating manner for patrons or viewers.
(.2)   Adult Modeling or Photography Studio.
An establishment having twenty percent (20%) or more of its floor area or business distinguished or characterized by its emphasis on the drawing or photographing of persons exhibiting "specified anatomical areas" or performing "specified sexual activities".
(.3)   Adult Motion Picture Theater.
An enclosed building primarily used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
(.4)   Adult Spa or Health Club.
A spa or health club having twenty percent (20%) or more of its floor area or business distinguished or characterized by its emphasis on persons exhibiting "specified anatomical areas" or performing "specified sexual activities".
(.5)   Adult Massage Shop.
An establishment having a source of income or compensation derived from the practice of any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulation of, external parts of the human body with the hands or with the aid of any mechanical, electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or gratuity. The term "massage shop" does not include any establishment operated by a medical practitioner, professional physical therapist, or massage therapist licensed by the state.
(b)   Animal Services. 470
Uses that provide for the treatment, care, maintenance, or keeping of animals. The following is an animal services specific use type:
(.1)   Boarding and Other Services.
Boarding facilities for horses and similar animals, including public and commercial stables as defined by Section 10-100 471 of The Philadelphia Code (Animals); animal shelters; kennel services for dogs, cats and small animals, including boarding kennels, and pet resorts/hotels; dog training centers; animal hospitals; household pet crematory services; or taxidermy services.
(c)   Assembly and Entertainment. 472
Uses that provide gathering places for participant or spectator recreation, entertainment, or other assembly activities. Assembly and entertainment uses may provide incidental food or beverage service for on- or off-premise consumption. Smoking or vaping of tobacco products, electronic cigarettes, or other substances is not permitted in assembly and entertainment uses. The following are assembly and entertainment specific use types:
(.1)   Amusement Arcades.
An establishment that offers to patrons four or more mechanical or electrical devices or games, such as pinball machines, ping pong, darts, shooting galleries or similar devices or games, excluding juke boxes and amusement devices in the establishments regulated by the Liquor Control Board of the Commonwealth and vending machines for the dispensing of goods.
(.2)   Casino.
A licensed gaming facility as authorized by the Commonwealth of Pennsylvania, pursuant to 4 Pa. C.S. Part II, the "Pennsylvania Race Horse Development and Gaming Act" (the "Act"). A "casino" may also be referred to as a "licensed gaming facility".
(.3)   Nightclubs and Private Clubs.
An establishment where 50 or more people regularly congregate primarily for entertainment purposes in the form of dancing or live or recorded music. The establishment may serve food or beverages to patrons for on- or off-premise consumption or may have one or more temporary or permanent area(s) set aside for the purpose of dancing by the patrons of the establishment. Such establishments may include, but are not limited to, discotheques, cabarets, private clubs, banquet halls, and similar places of assembly.
(.4)   Pool or Billiards Room.
An establishment that provides three or more tables for the playing of pool or billiards.
(.5)   Movie Theater. 473
An enclosed building where patrons gather to view motion pictures. This specific use type shall not include adult motion picture theaters.
(d)   Building Services.
Uses that provide maintenance and repair services for all structural and mechanical elements of structures, as well as the exterior spaces of a premise. Typical uses include janitorial, landscape maintenance, exterminator, plumbing, electrical, HVAC, window cleaning, and similar services.
(e)   Business Support.
Uses that provide personnel services, printing, copying, photographic services, or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, telephone answering services, and photo developing labs.
(f)   Eating and Drinking Establishments.
Uses that prepare or serve food or beverages for on- or off-premise consumption. Establishments that meet the definition of a use classified in the eating and drinking establishments use subcategory and that also include occasional live entertainment may be classified as eating and drinking establishment uses, provided that any establishment that meets the definition of a nightclub and private club use must be classified and regulated as a nightclub and private club (See § 14-601(7)(c)(.3) (Nightclubs and Private Clubs)). The following are eating and drinking establishment specific use types:
(.1)   Prepared Food Shop. 474
An eating and drinking establishment that does not meet the definition of a take-out restaurant (see § 14-601(7)(f)(.2)) or smoking lounge (see § 14-601(7)(f)(.4)), that offers seating and carry out food and beverage service, and that is primarily engaged in the sale of prepared food, non- alcoholic beverages, cold refreshments, or frozen desserts. Prepared food shops include establishments known as sandwich shops, delis, coffee shops, and ice cream shops. A prepared food shop has all of the following characteristics:
(.a)   Includes customer seating on the lot. The number of seats shall be greater than 3 but shall not exceed 20 seats; and
(.b)   Does not utilize commercial cooking appliances that have requirements for exhausting air contaminants.
(.2)   Take-Out Restaurant. 475
An eating and drinking establishment that does not meet the definition of a smoking lounge (see § 14-601(7)(f)(.4)) and that has any one or more of the following characteristics:
(.a)   a drive-through or walk-up window;
(.b)   a service counter where all customers pay for their ordered items before consumption and all food and beverages are served on disposable ware for consumption, except that cafeterias primarily engaged in serving food and beverages for on-premise consumption are considered sit-down restaurants if take-out service is clearly incidental to the principal use;
(.c)   fewer than 4 seats; or 476
(.d)   no public restrooms.
(.3)   Sit-Down Restaurant. 477
An eating and drinking establishment that does not meet the definition of a take-out restaurant (see § 14-601(7)(f)(.2)), prepared food shop (see § 14-601(7)(f)(.1)), or smoking lounge (see § 14-601(7)(f)(.4)), including establishments that primarily engage in cooking food on the premises and selling it to customers primarily for on-premise consumption.
(.4)   Smoking Lounge. 478
An eating and drinking establishment where the smoking of tobacco products, electronic cigarettes, or other substances is permitted. Examples of smoking lounges include, but are not limited to, cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, etc.
(g)   Financial Services.
Uses related to the exchange, lending, borrowing, and safe-keeping of money. The following specific use type is sometimes regulated differently than the financial services use subcategory:
(.1)   Personal Credit Establishment.
Any one or more of the following:
(.a)   Check Cashing Establishment.
An establishment that (1) is not a bank or financial institution subject to federal or state regulation; and (2) that charges either a flat fee or a fee based on a percentage of the face value of a check to be cashed or processed by such establishment; and (3) provides such services to the public.
(.b)   Pawnshop.
An establishment that is engaged to any extent in any of the following business or activities:
(i)   the lending of money on the deposit or pledge of personal property, other than chosen in action, securities or written evidence of indebtedness;
(ii)   the purchase of personal property either from an individual, another pawn business or any other business with an expressed or implied agreement or understanding to offer the property for sale to the public, and if that sale is unsuccessful, then to sell it back to the previous owner at a subsequent time at a stipulated price or negotiated price;
(iii)   the purchase of precious metals with the intent to melt down, provided that such activity is not clearly incidental to the principal use of the establishment; or
(iv)   the lending of money upon personal property, goods, wares, or merchandise pledge, stored or deposited as collateral security.
(.c)   Payday Lender.
Any person or entity that is substantially in the business of negotiating, arranging, aiding, or assisting a consumer in procuring payday loans.
(h)   Funeral and Mortuary Services.
Uses that provide services related to the death of a human, including funeral homes, mortuaries, crematoriums, and similar uses.
(i)   Maintenance and Repair of Consumer Goods. 479
Uses that provide maintenance, cleaning, and repair services for consumer goods. Typical uses include dry cleaning shops, tailors, shoe repair, vacuum repair shops, electronics repair shops, and similar establishments. The following are maintenance and repair of consumer goods specific use type.
(j)   Marina.
Facilities that provide moorage, launching, storage, supplies, and a variety of services for recreational and commercial watercraft. Marinas are differentiated from docks and moorages by their larger scale, the provision of significant landside services, or the use of a solid breakwater.
(k)   Parking, Non-Accessory.
Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A parking facility that provides both accessory and non-accessory parking shall be classified as non-accessory parking if it leases twenty-five percent (25%) or more of its spaces to non-occupants of or persons other than visitors to a particular use. The following are non- accessory parking specific use types:
(.1)   Surface Parking, Non-Accessory.
A non-accessory parking lot.
(.2)   Structured Parking, Non-Accessory.
A non-accessory parking garage.
(l)   Personal Services. 480
Uses that provide a variety of services associated with grooming, instruction, and the maintenance of fitness, health, and well-being. The following are personal services specific use types:
(.1)   Body Art Service. 481
Provision of any of the following procedures: body piercing, tattooing, branding, or scarification. This definition does not include practices that are considered medical procedures by the Pennsylvania Medical Board.
(.2)   Fortune Telling Service.
An establishment engaged in or that professes to foretell future or past events or that is engaged in the practice of palmistry (the art or practice of reading a person's character or future from the lines on the palms of hands).
(m)   Radio, Television, and Recording Services.
Uses that provide for audio or video production, recording, or broadcasting.
(n)   Visitor Accommodations. 482
Uses that provide temporary lodging for fewer than 30 days where rents are charged by the day or by the week or portion thereof and may also provide food or entertainment primarily to visitors and tourists.
(o)   Commissaries and Catering Services. 483
Uses that prepare food only to be sold or served off-site, provided the use does not meet the definition of an industrial use.

 

Notes

470
   Amended, Bill No. 120917-AA (approved April 2, 2013).
471
   Editor's note: Defined terms are located in Section 10-101.
472
   Amended, Bill No. 190601-A (approved December 30, 2019).
473
   Added, Bill No. 130804 (approved December 18, 2013).
474
   Amended, Bill No. 180346-A (approved July 18, 2018); amended, Bill No. 190601-A (approved December 30, 2019).
475
   Amended, Bill No. 190601-A (approved December 30, 2019).
476
   Amended, Bill No. 180346-A (approved July 18, 2018).
477
   Amended, Bill No. 190601-A (approved December 30, 2019).
478
   Added, Bill No. 190601-A (approved December 30, 2019).
479
   Amended, Bill No. 161003-A (approved May 8, 2017).
480
   Amended, Bill No. 130764 (approved December 18, 2013).
481
   Amended, Bill No. 180346-A (approved July 18, 2018).
482
   Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 180346-A (approved July 18, 2018).
483
   Added, Bill No. 130804 (approved December 18, 2013).