Definition of terms. For the purpose of this article, the following words, terms and phrases have the meaning indicated herein:
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated or for any form of consideration, or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STOREA commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or seminudity.
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT USEAny of the following:
(1) The opening or commencement of any sexually oriented business as a new business.
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
(3) The addition of any sexually oriented business to any other existing sexually oriented business.
(4) The relocation of any sexually oriented business.
ADULT MOTION-PICTURE THEATREA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATREA theatre, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
NUDE MODEL STUDIOAny place where a person who appears seminude, in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. A nude model studio shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing.
(2) Where in order to participate in a class, a student must enroll at least three days in advance of the class.
(3) Where no more than one nude or seminude model is on the premises at any one time.
NUDITY or STATE OF NUDITYThe showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernible turgid state.
SEXUAL ENCOUNTER CENTER A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.
SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theatre, adult theatre, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREASHuman genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED SEXUAL ACTIVITIESAny of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.
(3) Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1) and
(2) above.