PRINTER'S NO. 880
No. 753 Session of 2003
INTRODUCED BY BARD, HERMAN, BUNT, MARSICO, MANDERINO, ARMSTRONG, BARRAR, CORRIGAN, CRUZ, CURRY, GEORGE, GOODMAN, HENNESSEY, HERSHEY, HUTCHINSON, KIRKLAND, LEDERER, LEH, MELIO, MUNDY, RUBLEY, SATHER, SCAVELLO, SCHRODER, SOLOBAY, STABACK, STERN, E. Z. TAYLOR, TIGUE, TURZAI, WATSON AND YOUNGBLOOD, MARCH 6, 2003
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 6, 2003
AN ACT 1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled, 2 as amended, "An act to empower cities of the second class A, 3 and third class, boroughs, incorporated towns, townships of 4 the first and second classes including those within a county 5 of the second class and counties of the second through eighth 6 classes, individually or jointly, to plan their development 7 and to govern the same by zoning, subdivision and land 8 development ordinances, planned residential development and 9 other ordinances, by official maps, by the reservation of 10 certain land for future public purpose and by the acquisition 11 of such land; to promote the conservation of energy through 12 the use of planning practices and to promote the effective 13 utilization of renewable energy sources; providing for the 14 establishment of planning commissions, planning departments, 15 planning committees and zoning hearing boards, authorizing 16 them to charge fees, make inspections and hold public 17 hearings; providing for mediation; providing for transferable 18 development rights; providing for appropriations, appeals to 19 courts and penalties for violations; and repealing acts and 20 parts of acts," providing for separation requirements for 21 adult uses. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. The act of July 31, 1968 (P.L.805, No.247), known 25 as the Pennsylvania Municipalities Planning Code, reenacted and
1 amended December 21, 1988 (P.L.1329, No.170), is amended by 2 adding a section to read: 3 Section 622. Separation Requirements for Adult Uses.--(a) 4 Except as provided in subsection (b), an adult use shall not be 5 permitted to locate within 1,000 feet of the property line of an 6 existing protected use, measured by a straight line from the 7 nearest property line of the premises on which the proposed 8 adult use is to be located to the nearest property line of an 9 existing protected use. 10 (b) This section shall not apply in a municipality in which 11 the application of the separation requirements would result in 12 unavailability of reasonable alternative locations for adult 13 uses within the municipality, notwithstanding either the 14 existence or absence of a local regulatory scheme imposed by a 15 municipal zoning ordinance. 16 (c) (1) The purpose and intent of this section is to 17 establish standards for locating adult uses in order to mitigate 18 the adverse secondary effects of adult uses. 19 (2) The secondary effects of adult uses include increased 20 crime and adverse impacts on public health, business climate, 21 property values of residential and commercial property and 22 quality of life. 23 (3) The attempt to control the secondary effects associated 24 with adult uses serves a substantial interest by promoting the 25 health, safety and welfare of the people of this Commonwealth. 26 (4) The provisions of this section have neither the purpose 27 nor intent of imposing a limitation on the content of any 28 communicative matter or materials, including sexually oriented 29 matter or materials. Similarly, it is not the purpose or intent 30 of this section to restrict or deny access by adults to adult 20030H0753B0880 - 2 -
1 uses or to sexually oriented matter or materials that are 2 protected by the Constitution of the United States or of the 3 Constitution of Pennsylvania, nor to restrict or deny rights 4 that distributors or exhibitors of such matter or materials may 5 have to sell, rent, distribute or exhibit such matter or 6 materials. 7 (5) Nothing in this section is intended to authorize the 8 location of an adult use in any zoning district where it is 9 prohibited, to limit the authority of a municipality from 10 adopting more restrictive separation requirements or to legalize 11 any business or activity that is illegal under Federal or State 12 laws, including, but not limited to, the sale, rental, 13 distribution or exhibition of obscene or other illegal matter or 14 materials. 15 (d) As used in this section, the following words and phrases 16 shall have the meanings given to them in this subsection: 17 "Adult bookstore," an establishment having, as a substantial 18 or significant portion of its stock, books, magazines and other 19 material distinguished or characterized by their emphasis on 20 depicting, describing or relating to obscene material or sexual 21 conduct as defined in 18 Pa.C.S. § 5903 (relating to obscene and 22 other sexual materials and performances). 23 "Adult motion picture theater," an enclosed building used for 24 presenting motion picture films, video cassettes, cable 25 television, slides or other such visual material distinguished 26 by an emphasis on matter depicting, describing or relating to 27 obscene material or sexual conduct as defined in 18 Pa.C.S § 28 5903 (relating to obscene and other sexual materials and 29 performances). 30 "Adult paraphernalia store," an establishment having, as a 20030H0753B0880 - 3 -
1 substantial or significant portion of its stock, devices, 2 objects, tools or toys that are distinguished by their 3 association with obscene material or sexual conduct as defined 4 in 18 Pa.C.S. § 5903 (relating to obscene and other sexual 5 materials and performances). 6 "Adult use," an adult bookstore, adult paraphernalia store, 7 adult motion picture theater establishment, adult video store, 8 establishment which displays live nudity or any other business 9 or establishment characterized by an emphasis depicting, 10 describing or relating to obscene material or sexual conduct as 11 defined in 18 Pa.C.S. § 5903 (relating to obscene and other 12 sexual materials and performances). 13 "Adult video store," an establishment having a substantial or 14 significant portion of its stock in trade for the sale or rent 15 of movies, videos and similar audio/visual media, which are 16 distinguished or characterized by their emphasis depicting, 17 describing or relating to obscene material or sexual conduct as 18 defined in 18 Pa.C.S. § 5903 (relating to obscene and other 19 sexual materials and performances). 20 "Establishment which displays live nudity," an establishment 21 that provides live entertainment for its patrons, which includes 22 a nude performance as defined in 18 Pa.C.S. § 5903 (relating to 23 obscene and other sexual materials and performances). 24 "Existing protected use," a protected use established prior 25 to the proposed adult use. 26 "Protected use," a school, preschool, nursery school, child- 27 care facility, day-care operation, public park, public 28 playground or recreational facility, residential housing area, 29 public library, community center or church, meetinghouse or 30 other actual place of regularly stated religious worship. 20030H0753B0880 - 4 -
1 "Substantial or significant portion of stock," more than 25% 2 of the establishment's inventory stock or of the premises' gross 3 floor area. 4 Section 2. This act shall take effect in 60 days. A7L53MEP/20030H0753B0880 - 5 -