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§ 9-624. Adult Bookstores.

(1) Legislative Findings. 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.

(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 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.:

(a) Adult bookstores located in or within 1,000 feet of residentially zoned districts;

(b) Adult bookstores located in or within 1,000 feet of the protected uses set forth in § 14-203(249);

(c) Adult bookstores located in or within 1,000 feet of Independence Mall and National Historical Park or the Pennsylvania Convention Center, or within 1,000 feet of any hotel located in Center City;

(d) Center City. The area bounded by the north side of Vine street, the south side of Bainbridge street, and the Delaware and Schuylkill Rivers.

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bookstores
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adult
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