or recorded adult entertainment material. The term shall not
include any legitimate medical, scientific, educational,
artistic, literary, dramatic or political materials, works,
displays or products in any form.
"Adult entertainment venue." An establishment that, as its
principal business purpose, sells or rents adult entertainment
material to customers.
"Department." The Department of Revenue of the Commonwealth.
"Nude." Either of the following:
(1) entirely unclothed; or
(2) clothed in a manner that leaves uncovered or
visible, through less than fully opaque clothing, any portion
of the breasts below the top of the areola of the breasts, if
the person is female, or any portion of the genitals or
buttocks.
"Secretary." The Secretary of Revenue of the Commonwealth.
"Sexually oriented business."
(1) A nightclub, bar, restaurant or similar commercial
enterprise that:
(i) Provides for an audience of two or more
individuals live nude entertainment or live nude
performances.
(ii) Authorizes on-premises consumption of alcoholic
beverages, regardless of whether the consumption of
alcoholic beverages is under a license or permit issued
under the act of April 12, 1951 (P.L.90, No.21), known as
the Liquor Code.
(2) The term excludes a theatre as defined under section
2 of the act of June 5, 1937 (P.L.1656, No.344), known as the
Store and Theatre Tax Act.
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