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§ 9-624. Adult Bookstores. 932
   (1)   Legislative Findings. 933 The Council finds that:
      (a)   Adult bookstores, because of the clientele which they attract and the late night hours during which they operate, have a negative impact upon the aesthetics and safety of adjacent areas, particularly when such adjacent areas are residential in nature, or serve as significant tourist or visitor destinations.
      (b)   In order to prevent deterioration of the quality of life and of property values in the City of Philadelphia's communities and neighborhoods, and to improve the City's attractiveness as a convention and tourist destination, restrictions in addition to those contained in existing zoning regulations are necessary to reduce the nighttime hours during which adult bookstores operate.
   (2)   Definitions. 934
      (a)   Adult Bookstore. An establishment having a substantial or significant portion of its stock-in-trade, books, magazines, 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 material.
      (b)   Specified anatomical areas.
         (.1)   Less than completely and opaquely covered:
            (.a)   Human genitals, pubic 935 region;
            (.b)   Buttocks; and
            (.c)   Female breasts below a point immediately above the top of the aureola; and
         (.2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
      (c)   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, buttocks or female breasts.
   (3)   Adult bookstores located in the following areas shall not be open for business between the hours of 10:00 p.m. and 8:00 a.m.: 936
      (a)   Adult bookstores located in or within 1,000 feet of residentially zoned districts;
      (b)   Adult bookstores located in or within 1,000 feet of the protected uses set forth in subsection 14-203(249); 937
      (c)   Adult bookstores located in or within 1,000 feet of Independence Mall and National Historical Park or the Pennsylvania Convention Center, or within 1,000 feet of any hotel located in Center City;
      (d)   Center City. 938 The area bounded by the north side of Vine street, the south side of Bainbridge street, and the Delaware and Schuylkill Rivers.

 

Notes

932
   Added, Bill No. 980204 (approved June 25, 1998). Enrolled bill numbered this as Section 9-623; renumbered by Code editor.
933
   Added, Bill No. 980846 (approved June 28, 1999).
934
   Renumbered, Bill No. 980846 (approved June 28, 1999).
935
   Enrolled bill read "public". Bill No. 980204 (approved June 25, 1998).
936
   Renumbered and amended, Bill No. 980846 (approved June 28, 1999).
937
   Amended, Bill No. 120774-A (approved January 14, 2013).
938
   Added, Bill No. 980846 (approved June 28, 1999).
§ 9-625. Sale of Laser Pointing Devices. 939
   (1)   Definitions.
      (a)   Laser Pointing Device. Any hand-held device which emits light amplified by the simulated emission of radiation which is visible to the human eye.
      (b)   Minor. Any person under the age of eighteen (18) years.
      (c)   Person. Any retail establishment, individual, firm, association, partnership or corporation engaged in the sale or transfer of laser pointing devices.
   (2)   Prohibited Conduct.
      (a)   No person shall sell or otherwise transfer any laser pointing device to a minor, unless said minor is accompanied by a parent or legal guardian, who will purchase said laser pointing device at the time of purchase or transfer.
      (b)   No person shall store for sale or transfer or display laser pointing devices unless such items are contained within a sealed and locked case, or are located behind the service counter, or stored or displayed in any other manner which restricts easy access to laser pointing devices by customers and/or the general public.
      (c)   No minor shall, at the time of purchase or transfer, or attempted purchase or transfer, of a laser pointing device, knowingly furnish fraudulent evidence of majority including, but not limited to, a motor vehicle operators license, an identification card issued to a member of the Armed Forces, or any document issued by a federal, state, county or municipal government.
   (3)   Required Conduct.
      (a)   Any person who sells or otherwise transfers a laser pointing device must require the purchaser to supply photo identification as proof of lawful age if the purchaser appears to be under the age of twenty-five (25).
      (b)   Any person who sells or otherwise transfers a laser pointing device must maintain a log of all purchases with the following information: name and address of said purchaser and identification number of the laser pointing device.
   (4)   Enforcement.
      (a)   The Department of License and Inspections shall enforce the provisions of this Section.
   (5)   Penalties.
      (a)   Any person who violates the provisions of this Section shall be subjected to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300).
      (b)   In addition to the penalties outlined above, the Department of Licenses and Inspections may revoke the commercial activity license of any person violating the provisions of this Section on three (3) occasions. 940

 

Notes

939
   Added, Bill No. 980657-A (approved February 8, 1999).
940
   Amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012.
§ 9-626. Sale of Motor Vehicle That Cannot Be Registered in Pennsylvania. 941
   No person shall sell or otherwise transfer any motorcycle or motor-driven cycle, as those terms are defined by the Pennsylvania Vehicle Code, that is under 125 pounds, if such motorcycle or motor-driven cycle could not be lawfully registered or could not pass a safety inspection pursuant to the Vehicle Code at the time of sale.

 

Notes

941
   Added, Bill No. 040764 (approved November 3, 2004).
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