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                                                       PRINTER'S NO. 880

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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
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     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.
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     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.


















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