Pay Including, but Not Limited To, Massage Parlors, Health Clubs, Sauna Baths and Steam Baths and Which Excludes Minors by Virtue of Age

TOWN OF BLOOMSBURG COLUMBIA COUNTY, PENNSYLVANIA

ORDINANCE NO. 10 4 l

AN ORDINANCE AMENDING CHAPTER 27, ZONING OF THE CODE OF ORDINANCES OF THE TOWN OF BLOOMSBURG.

BE IT ENACTED AND IT IS HEREBY ENACTED AND ORDAINED, by the Town Council of the Town of Bloomsburg as follows:

CHAPTER 27 Part 3 27- 302. Definitions of Tetius Definitions is hereby amended to DELETE the following terms:

ADULT ENTERTAINMENT ESTABLISHMENTS - Adult bookstores, adult cabarets, adult drive- in theaters, adult massage businesses, adult mini motion picture theaters and adult motion picture theaters which exclude minors by virtue of age. A. ADULT BOOKSTORE - An establishment which has a substantial or significant portion of its stock in trade books, magazines or other periodicals and which excludes minors by virtue of age. B. ADULT CABARET - A cabaret which features go- go dancers, exotic dancers, strippers, male and female impersonators or similar entertainers and which excludes minors by virtue of age. C. ADULT DRIVE-IN THEATER - an establishment showing motion picture films to patrons designed to permit patrons to remain in their automobiles or similar vehicles and which excludes minors by virtue of age. D. ADULT MASSAGE BUSINESS - an establishment where massage is or administered for pay including, but not limited to, massage parlors, health clubs, sauna baths and steam baths and which excludes minors by virtue of age. E. ADULT MINI MOTION PICTURE THEATER - and enclosed building with a capacity for fewer than 50 persons used for showing motion picture films to patrons and which excludes minors by virtue of age. F. ADULT MOTION PICTURE THEATER - an enclosed building with a capacity of 50 or more persons used for showing motion picture films to patrons and which excludes minors by virtue of age.

CHAPTER 27 Part 3 27- 302. Definitions of Terms Definitions is hereby amended to INCLUDE the following terms:

SEXUALLY ORIENTED USES - Sexually Oriented Retail Establishments, Sexually Oriented Entertainment, Sexually Oriented Motion Picture Theater, Sexually Oriented Arcade

1 A. SEXUALLY ORIENTED RETAIL ESTABLISHMENT: An establishment that has ten ( 10%) percent or more of its stock -in -trade and offers for sale, for any form of consideration, any one or more of the following sexually oriented: toys, novelties, books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videos, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. B. SEXUALLY ORIENTED ENTERTAINMENT - A nightclub, bar, tavern, restaurant, club or similar establishment that features performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videos, slides, or other photographic reproductions in which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. C. SEXUALLY ORIENTED MOTION PICTURE THEATER - An establishment where, for any form of consideration, films, motion pictures, videos, slides, or similar photographic reproductions are shown, and in which ten ( 10%) percent or more of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified

anatomical areas. D. SEXUALLY ORIENTED ARCADE - An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by are used to show films, motion pictures, videos, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

SPECIFIED ANATOMICAL AREAS - As used herein, specified anatomical areas means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or breasts.

SPECIFIED SEXUAL ACTIVITIES - As herein, specified sexual activities means and

includes any of the following: ( 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; ( 2) sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; ( 3) masturbation, actual or simulated; or 4) excretory functions as part of or in connection with any of the activities set forth as a Sexually Oriented Use".

PROFESSIONAL MASSAGE ESTABLISHMENT A business which provides the services of massage and massage therapy, including exercises, and all forms and methods of physiotherapy, administered by a State licensed medical practitioner including a physician, occupational or physical therapist, chiropractor, osteopath or a professional massage therapist licensed by the Commonwealth State Board of Massage Therapy.

MASSAGE - The manipulation techniques of soft tissues in the body commonly applied with hands, fingers, elbows, knees, forearms, feet, or a device generally for the treatment of body stress or pain.

2 MASSAGE THERAPY - A type of treatment in which manipulates the soft tissues of your body; muscle, connective tissue, tendons, ligaments and skin, using varying degrees of pressure and movement.

PERSONAL SERVICE ESTABLISHMENT/ SHOPS - An establishment providing services to individuals for the care of a person or his or her personal goods or apparel. " Personal Service" shall not include establishments or facilities providing any medical services, to include substance abuse treatment, halfway houses' or shelters for parole, probation or related use. For the purpose of this ordinance the following uses shall be classified as a Personal service establishment" and may include accessory retail sales of products related to the services provided: A. Beauty and Barber Shops B. Clothing Rentals C. Laundromats D. Day Spa An establishment providing a variety ofservicesfor the purpose of improving health, beauty and relaxation through personal care treatments such as hair, massages andfacials. E. Dry -Cleaning Stores for Pickup Only F. Fortune Tellers/ Psychic Readers G. Health Club An establishment providing services intended to promote physical fitness or weight reducing which may include such equipment as weight resistance machines, whirlpools, saunas, showers, and lockers. H. Manicure and Pedicure Services I. Sauna Bath House An establishment providing steam baths or heated bathing rooms usedfor the purpose ofbathing, relaxation, or weight reduction utilizing steam or hot air as a cleaning, relaxing, or reducing agent. J. Seamstress/ Tailor for Garment Alteration and Repairs K. Shoe Repair L. Tanning Salons M. Tattoo and Body Piercing Services

CHAPTER 27 Part 5 27- 506 H -C, HIGHWAY COMMERCIAL DISTRICT 27- 506, ( 4) Conditional Uses is hereby amended to DELETE the following:

A. Adult Entertainment Establishments

CHAPTER 27 Part 5 27- 506 H -C, HIGHWAY COMMERCIAL DISTRICT 27- 506, ( 4) Conditional Uses is hereby amended to INCLUDE the following:

A. Sexually Oriented Uses

3 CHAPTER 27 Part 7 27- 703 A. ADULT ENTERTAINMENT ESTABLISHMENTS (H -C District) is hereby amended to DELETE the following:

1) Purpose. The purpose of this conditional use is to provide for establishments which have a sex-related nature or purpose in an appropriate environment which prevents the deleterious blighting or downgrading effects which a concentration of such uses or the inappropriate placement of such uses may have upon surrounding neighborhoods.

2) Use Regulations. The principal permitted uses shall be adult " Uses Designated and Regulated."

3) Dimensional Regulations. The dimensional regulations shall be the same as those applicable to the Highway -Commercial (H -C) District.

4) Supplementary Regulation. ( See Part 8, Supplementary Regulations.)

5) Development Regulation. Adult entertainment establishments ( as defined herein) shall be subject to the following development regulations: a) Comprehensive Plan. Proposed adult entertainment establishments shall be consistent with the Comprehensive Plan of the Town of Bloomsburg. b) Site Location. Adult entertainment establishments shall be located only in Highway - Commercial (H -C) Districts, and the proposed location of such an establishment within such district shall be at least 500 feet distant from another such adult entertainment establishment, residential district, property lines of churches and related religious institutions and property lines of schools and playgrounds.

6) Definitions Used in this Subsection. ( See Part 3, Definitions.) a) Adult bookstore. b) Adult cabaret. c) Adult drive-in theater. d) Adult massage business. e) Adult mini -motion -picture theater. f) Adult motion -picture theater.

7) Uses Designated and Regulated. Uses designated and regulated as adult entertainment establishments, include adult bookstores, adult cabarets, adult drive-in theaters, adult massage businesses, adult mini -motion -picture theaters and adult motion -picture theaters

CHAPTER 27 Part 7 SPECIFIC PROVISIONS 27- 703 ( A) is hereby amended to INCLUDE the following:

4 A. Sexually Oriented Uses ( H -C District)

1) Purpose: The purpose of this conditional use is to provide for establishments for Sexually Oriented Uses, as so defined, in an appropriate environment which prevents the deleterious blighting or downgrading effects which a concentration of such uses or the inappropriate placement of such uses may have upon surrounding neighborhoods.

2) Use Regulations: the principal permitted uses shall be Sexually Oriented Uses as defined.

3) Dimensional Regulations: the dimensional regulations shall be the same as those applicable to the Highway Commercial (H -C) District.

4) Supplementary Regulations: ( See Part 8, Supplementary Regulations).

5) Development Regulation: Sexually Oriented Uses as so defined by this ordinance, shall be subject to the following development regulations:

a) Site Location: Sexually Oriented Uses shall be located only in the Highway Commercial (H -C) Districts. The proposed location of any such a use shall be not less than 500 linear feet as measured to the nearest property line of another sexually oriented use, a residential district, a church and/ or related religious institution, a school and/ or a playground.

CHAPTER 27 Part 5 27- 506 H -C HIGHWAY COMMERCIAL DISTRICT 27- 506 ( 2) Permitted Uses is hereby amended to INCLUDE the following: