PART SEVEN - BUSINESS REGULATION CODE
Chap. 705. Adult Book Stores.
Chap. 709. Game Rooms.
Chap. 713. Oil and Gas Wells.
Chap. 717. Peddlers and Solicitors.
Chap. 721. Wireless Telecommunication Facilities.
Chap. 725. Video Service Providers.
Chap. 729. Sexually Oriented Businesses and Employees.
CHAPTER 705
Adult Book Stores
705.01   Definitions.
705.02   Special permit required.
CROSS REFERENCES
Disseminating matter harmful to juveniles - see GEN. OFF. 533.11
Displaying matter harmful to juveniles - see GEN. OFF. 533.13
705.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Adult book store" means an establishment which derives twenty-five percent (25%) or more of its gross income from the sale and rental of, or utilizes twenty-five percent (25%) or more of its retail selling area for the display of, or both, books, magazines, other periodicals, films, tapes and cassettes, which materials have as their major or dominant theme matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined hereafter.
   (b)   "Adult motion picture theater" means an enclosed motion picture theater or motion picture drive-in theater which derives twenty-five percent (25%) or more of its gross income from the showing of, or utilizes twenty-five percent (25%) or more of its total viewing time for the presentation of, or both, materials for observation by its patrons which have as their major or dominant theme matter depicting, describing or relating to "specified anatomical areas" as defined hereafter.
   (c)   "Specified anatomical areas" is defined as less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   (d)   "Specified sexual activities" is defined as human genitals in the state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
      (Ord. 85-777. Passed 11-20-85.)
705.02 SPECIAL PERMIT REQUIRED.
   Upon special permit by the Sunbury Regional Planning and Zoning Commission and Council, an adult book store or adult motion picture theater may be located within a C-1, C-2 or C-3 zoned district subject to the provisions that no adult book store or motion picture theater shall be established within 1000 feet or less of any R-1, R-2, R-3, R-4, R-5, PDR, zoned districts or residential use and no adult book store or adult motion picture theater shall be established within 2000 feet of another adult book store or adult motion picture theater.
(Ord. 85-777. Passed 11-20-85.)