§ 13-70. Definitions.

As used in this Part the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, any electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained, not located within viewing booths, 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 "specific sexual activities" or "specified anatomical areas."

ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE

A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

A. 

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, CD ROM discs or other computer software, or other visual representations, which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

B. 

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

ADULT CABARET

A nightclub, bar, restaurant, or other commercial establishment which regularly features:

A. 

Persons who appear in a state of nudity or semi-nudity.

B. 

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

C. 

Films, motion pictures, video cassettes, slides or other photographic reproductions or visual presentations of any other kind which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

ADULT MOTION PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, vide cassettes, slides, or similar photographic reproductions or visual presentations of any kind are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

ADULT ORIENTED BUSINESS

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, tattoo parlor, or body-piercing establishment.

ADULT THEATER

A theater, concert hall, dance hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

BODY PIERCING ESTABLISHMENT

A commercial establishment which, as one of its principal business purposes, offers body piercing services. "Body piercing services" shall refer to the process of breaching the skin or mucus membrane of a human for the purpose of inserting an object therein or there through including, but not limited to, jewelry for cosmetic purposes. This definition shall not apply to ear piercing.

EMPLOYEE

A person who performs any service on the premises of a adult oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.

ESCORT

A 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 AGENCY

A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

ESTABLISHMENT

Includes any of the following:

A. 

The opening or commencement of any adult oriented business as a new business.

B. 

The conversion of an existing business, whether or not a adult oriented business, to any adult oriented business.

C. 

The addition of any adult oriented business to any other existing adult oriented business or to a non-adult oriented business.

D. 

The relocation of any adult oriented business.

KNOWINGLY

Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

A. 

The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or person.

B. 

The age of the minor, provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the licensee or person made a reasonable bona fide attempt to ascertain the true age of such minor.

LICENSEE

A person in whose name a license to operate a adult oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a adult oriented business.

NUDE MODEL STUDIO

Any place where a person who appears semi-nude, 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. 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 in a structure:

A. 

That no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing.

B. 

Where in order to participate in a class a student must enroll at least three days in advance of the class.

C. 

Where no more than one nude or semi-nude model is on the premises at any one time.

NUDITY OR A STATE OF NUDITY

The 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 discernibly turgid state.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

SEMI-NUDE OR IN A SEMI-NUDE CONDITION

The state of dress in which clothing partially or non-opaquely covers specified anatomical areas.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

A. 

Physical contact in the form of wrestling or tumbling between persons of the opposite sex.

B. 

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 semi-nudity.

SEXUALLY ORIENTED BUSINESS

Defined the same as "adult oriented business." See "adult oriented business."

SPECIFIED ANATOMICAL AREAS

Human 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 CRIMINAL ACTIVITY

Any of the following offenses:

A. 

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any offenses similar to those described above under the criminal or penal code of other states or countries.

B. 

For which:

(1) 

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense.

(2) 

Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense.

(3) 

Less than five years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

C. 

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

A. 

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

B. 

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.

C. 

Excretory functions as part of or in connection with any of the activities set forth in Subsections A and B above.

TATTOO PARLOR

A commercial establishment which, as one of its principal business purposes, offers tattooing services. "Tattooing services" shall refer to the method of placing designs, letters, scrolls, figures, symbols, graphics or any other marks upon or under the skin of a human with ink or any other substance, resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin. This definition shall not apply to medical doctors or doctors of veterinary medicine in performance of their professional duties.

TRANSFER OF OWNERSHIP OR CONTROL OF A ADULT ORIENTED BUSINESS

Includes any of the following:

A. 

The sale, lease, or sublease of the business.

B. 

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means.

C. 

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfers by bequest or other operation of law upon the death of the person possessing the ownership of control.

VIEWING BOOTHS

Booths, stalls, partitioned portions of a room, rooms or other enclosures which are available for viewing: (1) films, movies, videos, or visual reproductions of any kind depicting or describing "specified sexual activities" or "specified anatomical areas"; or (2) persons who appear in a state of nudity or seminudity or who offer performances or presentations characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Ord. 950, 4/14/1999, § 2; as amended by Ord. 995, 12/10/2003