(1)
Legislative
Findings.
[588] 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.
[589] (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
[590]
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.:
[591] (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.[592] The area bounded by
the north side of Vine street, the south side of Bainbridge street, and the
Delaware and Schuylkill Rivers.