(1) General.

(a) No person shall, knowingly either sell, rent, distribute, exhibit, show, transmit, or offer either to sell, rent, distribute, exhibit, show or transmit, or have in his possession or under his control with intent either to sell, rent, distribute, exhibit, show or transmit to another, any obscene motion picture film or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, figure, image, or any written or printed matter of an obscene nature or any device, article or instrument of an obscene nature.

(b) No person shall knowingly participate in, support or in any way aid or assist any person in selling, renting, distributing, or showing any obscene motion picture film, or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, figure or image or any written or printed matter of an obscene nature or any device, article or instrument of an obscene nature.

(c) No person shall knowingly design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene motion picture film, or any obscene book, picture, film, drawing, magazine, pamphlet, newspaper, story book, paper, comic book, writing, figure, image, matter, device, article, or instrument of an obscene nature.

(d) No person shall knowingly produce, present, or direct any obscene performance or participate in the portion thereof which is obscene.

(e) No person, being the owner of any premises or having control thereof, shall knowingly permit within or upon said premises the exhibition, projection or showing of any motion picture film, show, presentation or performance of an obscene nature, or permit anyone to sell, rent, distribute, exhibit, give away or show any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, figure or image, or any written or printed matter of an obscene nature.

(f) No person shall knowingly write, print, publish or utter, or cause to be printed, published or uttered, any advertisement or notice of any kind giving information directly or indirectly, stating or purporting to state where, how or whom or by what means, any obscene motion picture film, picture, book, writing, paper, comic book, figure, image, matter, article or thing of an obscene nature can be seen, purchased, obtained or had.

(2) Minors.

(a) No person, within the City of Philadelphia, shall display at newsstands or any other business establishment frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public, or where they may view same, any material depicting the acts specified in Section 10-1102(2)(a) through (g), male or female buttocks or genitals or the female breast below a point immediately above the top of the areola.

(b) In addition to any other violations or penalties prescribed herein, any person in the City of Philadelphia who has in his possession or under his control with intent to sell, rent, distribute, exhibit, show or transmit to another, any obscene motion picture film or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, or any other written or printed matter containing photographs or photographic images depicting children under the age of seventeen years, participating, performing, or observing any of the acts defined in Section 10-1102(2) shall be guilty of a summary offense and upon conviction thereof, shall be sentenced to pay a fine not exceeding three hundred (300) dollars or undergo imprisonment for a period not exceeding ninety (90) days, or both, in addition to any other penalties imposed.

Any obscene literature or film displaying or presenting pictures, photographs, or photographic images depicting pre-pubescent children exhibiting underdeveloped genitalia or breasts, shall be a per se violation of the provisions of this section without further proof of age.

(3) Massage Parlors and Model Studios.

(a) No person shall own, operate or maintain any massage parlor or model studio, which, as a regular course of business, is used for the purpose of lewdness, assignation or prostitution, and every such massage parlor or model studio in or upon which acts of lewdness, assignation or prostitution are held or occur, is declared to be a public nuisance.

(.1) "Massage," as used in this subsection, shall mean any method of treating the superficial soft parts of the human body for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading, or any similar treatment, accomplished by hand, or by the use of any instrument.

(.2) "Massage Parlor" shall mean any building or structure or portion thereof, located within the City, which is open to members of the general public with or without the payment of a fee at which massage services are offered.

(.3) "Model Studio" means:

(.a) Any premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for persons who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the premises; or

(.b) Any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.

(.c) Exception. The words "model studio" do not include:

(i) Any studio which is operated by any college or junior college, public school, or any governmental agency wherein the person, firm, association, partnership, or corporation operating it has met the requirements of the State of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma; or

(ii) Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in subsection (i) of this subsection.

(iii) Any studio operated by a tax exempt, non-profit corporation devoted to the development of art and its appreciation.