2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 73 - Trade and Commerce
7329 - Prohibition of certain types of entertainment on bottle club premises.

     § 7329.  Prohibition of certain types of entertainment on bottle
                club premises.
        (a)  Offense defined.--No bottle club operator or servants,
     agents or employees of the same shall knowingly permit on
     premises used as a bottle club or in any place operated in
     connection therewith any lewd, immoral or improper
     entertainment.
        (b)  Penalty for violation.--Any person who violates
     subsection (a) commits a summary offense.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Bottle club."  An establishment operated for profit or
     pecuniary gain, which has a capacity for the assemblage of 20 or
     more persons and in which alcoholic liquors, alcohol or malt or
     brewed beverages are not legally sold but where alcoholic
     liquors, alcohol or malt or brewed beverages are either provided
     by the operator or agents or employees of the operator for
     consumption on the premises or are brought into or kept at the
     establishment by the patrons or persons assembling there for use
     and consumption. The term shall not include a licensee under the
     act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
     or any organization as set forth in section 6 of the act of
     December 19, 1990 (P.L.1200, No.202), known as the Solicitation
     of Funds for Charitable Purposes Act.
        "Lewd, immoral or improper entertainment."  Includes, but is
     not limited to, the following acts of conduct:
            (1)  Acts or simulated acts of sexual intercourse,
        masturbation, sodomy, bestiality, oral copulation,
        flagellation or excretion or any sexual acts which are
        prohibited by law.
            (2)  Any person being touched, caressed or fondled on the
        buttocks, anus, vulva, genitals or female breasts. This
        paragraph includes simulation.
            (3)  Scenes wherein a person displays or exposes to view
        any portion of the pubic area, anus, cleft of the buttocks,
        vulva, genitals or any portion of the female breast directly
        or laterally below the top of the areola. This paragraph
        includes simulation.
            (4)  Scenes wherein artificial devices or inanimate
        objects are employed to portray any of the prohibited
        activities described in paragraph (1), (2) or (3).
            (5)  Employment or use of any person in the sale and
        service of alcoholic beverages while such person is unclothed
        or in such attire, costume or clothing as to expose to view
        any portion of the anatomy described in paragraph (3).
            (6)  Employment or use of the services of a person while
        the person is unclothed or in such attire as to expose to
        view any portion of the anatomy described in paragraph (3).
            (7)  Permitting any person on the premises to touch,
        caress or fondle the buttocks, anus, vulva, genitals or
        female breasts of any other person.
            (8)  Permitting any person on the premises while such
        person is unclothed or in such attire as to expose to view
        any portion of the anatomy described in paragraph (3).
            (9)  Permitting any person to wear or use any device or
        covering exposed to view which simulates the human buttocks,
        anus, vulva, genitals or female breasts.
            (10)  Permitting any person to show, display or exhibit
        on the premises any film, still picture, electronic
        reproduction or any other visual reproduction or image the
        content of which primarily depicts graphic sexual acts as
        described in paragraphs (1) and (4).
     (Feb. 23, 1996, P.L.17, No.7, eff. 60 days; Dec. 18, 1996,
     P.L.1074, No.160, eff. 60 days)

        1996 Amendments.  Act 7 added section 7329 and Act 160
     amended subsec. (c).