(1) Legislative
Findings.
[589] 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.
[590] (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.
(i) Less than
completely and opaquely covered:
(.a) Human genitals,
pubic
[591] region;
(.b) Buttocks;
and
(.c) Female breasts below a point immediately above the top of
the aureola; and
(ii) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
(c) Specified sexual
activities.
(i) Human genitals in a state of sexual stimulation or
arousal;
(ii) Acts of human masturbation, sexual intercourse or
sodomy;
(iii) 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.:
[592] (a) Adult
bookstores located in or within 1000 feet of residentially zoned
districts;
(b) Adult bookstores located in or within 1000 feet of the
residentially related used set forth in § 14-1605(4)(b)(.1) through
(.3).
(c) Adult bookstores located in or within 1000 feet of
Independence Mall and National Historical Park or the Pennsylvania Convention
Center, or within 1000 feet of any hotel located in Center
City.
(d) Center City.
[593] The area
bounded by the north side of Vine street, the south side of Bainbridge street,
and the Delaware and Schuylkill Rivers.