(6) Retail Sales Use Category. 464.1

This category includes uses involving the sale, lease, or rental of new or used goods to the ultimate consumer within an enclosed structure, unless otherwise specified, provided the sale, lease, or rental payment transaction may be conducted prior to receipt by the ultimate consumer at the retail sales establishment. The retail sales subcategories are

(a)   Adult-Oriented Merchandise.

Any retail sales use or establishment having as twenty percent (20%) or more of its floor area or its stock-in-trade:

(.1)   Books, magazines, videos, CD-ROMs, or other periodicals or visual production materials that are distinguished or characterized by their emphasis on matter depicting, describing, or related to "specified sexual activities", or "specified anatomical areas"; or

(.2)   Any devices, commonly known as sex toys, designed or marketed as useful primarily for the stimulation of human genital organs.

(b)   Building Supplies and Equipment.

Uses that sell or otherwise provide goods to repair, maintain, or visually enhance a structure or premises, including, but not limited to, hardware stores, paint and wallpaper supply stores, and garden supply stores.

(c)   Consumer Goods. 465

Uses that sell or otherwise provide furniture, appliances, equipment, and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort, or aesthetics. This use subcategory shall include establishments that sell cigarettes and other lawful smoking tobacco products. The following are consumer goods specific use types:

(.1)   Drug Paraphernalia Stores. 466

Any retail that offers for sale or display of more than five percent of any display or window area of paraphernalia commonly related to the use of any drug or narcotic. Drug Paraphernalia sales are permitted as an accessory use within the Medical Marijuana Dispensaries. Paraphernalia commonly related to the use of any drug or narcotic includes, but is not limited to:

(.a)   Bongs;

(.b)   Dab rigs;

(.c)   Decarboxylation machines;

(.d)   Glass pipe (bowl);

(.e)   Grinders;

(.f)   Herbal infusers, electric;

(.g)   Methoscope (love rose);

(.h)   Pipe connections and hoses;

(.i)   Pipe screens;

(.j)   Tabletop vapes; or

(.k)   Water pipes (bubblers).

(.2)   Gun Shop.

Any retail sales business engaged in selling, leasing, purchasing, or lending of guns, firearms, or ammunition.

(.3)   Medical Marijuana Dispensary. 467

A person who holds a permit issued by the Department of Health of the Commonwealth pursuant to the Act of April 17, 2016, P.L. 84, No. 16, to dispense medical marijuana.

(d)   Food, Beverages, and Groceries. 468

Uses that sell or otherwise provide food or beverages for off-premise consumption, including grocery stores and similar uses that provide incidental and accessory food and beverage service as part of their primary retail sales business. The following is a food, beverage, and groceries specific use type:

(.1)   Farmer's Market.

An area for the sale of food crops and non-food crops (e.g., flowers) directly to consumers within an enclosed structure or outdoors on a lot.

(e)   Pets and Pet Supplies.

Uses that sell or otherwise provide household pets and pet supplies.

(f)   Sundries, Pharmaceuticals, and Convenience Sales.

Uses that sell or otherwise provide goods for personal grooming and for the day-to-day maintenance of personal health and well-being.

(g)   Wearing Apparel and Accessories. 469

Uses that sell or otherwise provide goods to cover, protect, or visually enhance the human form. This use subcategory shall include establishments that sell jewelry, watches, and other related goods and may provide repair, custom fabrication, and cleaning, provided that such activity is clearly incidental to the principal use of the establishment.

 

Notes

464.1	Amended, Bill No. 210078-A (approved April 28, 2021).
465	Amended, Bill No. 130804 (approved December 18, 2013).
466	Amended, Bill No. 150264 (approved June 16, 2015); amended, Bill No. 210159 (approved May 11, 2021).
467	Added, Bill No. 160919 (approved December 20, 2016).
468	Amended, Bill No. 190313 (approved July 17, 2019); amended, Bill No. 210075 (approved March 29, 2021).
469	Amended, Bill No. 130804 (approved December 18, 2013).