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).