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Legislative findings and intent - 68 Pa. Cons. Stat. § 5501

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                                SUBPART E
                             USES OF PROPERTY

     Chapter
       55.  Adult-Oriented Establishments

        Enactment Note.  Subpart E was added October 16, 1996,
     P.L.696, No.120, eff. 60 days.

                                CHAPTER 55
                      ADULT-ORIENTED ESTABLISHMENTS

     Sec.
     5501.  Legislative findings and intent.
     5502.  Definitions.
     5503.  Requirements for adult-oriented establishments.
     5504.  Liability of operator.
     5505.  Establishments open for inspection.
     5506.  Civil action to enjoin or abate violations.
     5507.  Violation of abatement order or injunction.
     5508.  Penalty.
     5509.  Existing remedies preserved.

        Enactment Note.  Chapter 55 was added October 16, 1996,
     P.L.696, No.120, eff. 60 days.
     § 5501.  Legislative findings and intent.
        (a)  Findings.--The General Assembly finds as follows:
            (1)  There are within this Commonwealth a number of
        adult-oriented establishments which require special
        regulation by law and supervision by public safety agencies
        in order to protect and preserve the health, safety and
        welfare of patrons of these establishments, as well as the
        health, safety and welfare of the citizens of this
        Commonwealth.
            (2)  Statistics and studies performed in a substantial
        number of communities in this Commonwealth, in the United
        States and by the State of Delaware indicate that:
                (i)  large numbers of persons, primarily male,
            frequent adult-oriented establishments, especially those
            which provide closed booths, cubicles, studios and rooms
            for the private viewing of so-called adult motion
            pictures, videotapes or live entertainment or a
            combination of motion pictures, videotapes and live
            entertainment;
                (ii)  the closed booths, cubicles, studios and rooms
            and holes in partitions between booths, cubicles, studios
            and rooms have been used by patrons, clients or customers
            of adult-oriented establishments for the purpose of
            engaging in sexual acts;
                (iii)  male and female prostitutes have been known to
            frequent the establishments in order to provide sex for
            hire to the patrons, clients or customers within the
            booths, cubicles and rooms;
                (iv)  doors, curtains, blinds and/or other closures
            installed in or on the entrances or exits, or both, of
            the booths, cubicles, studios and rooms which are closed
            while the booths, cubicles, studios and rooms are in use
            encourage patrons using the booths, cubicles, studios and
            rooms to engage in sexual acts in the closures and
            through holes in partitions between the closures with
            prostitutes, patrons, clients or customers, thereby
            promoting and encouraging prostitution and the commission
            of sexual acts which result in the direct exchange of
            bodily fluids which put the participants at high risk for
            contracting communicable diseases, including AIDS, and
            which cause blood, semen and urine to be deposited on the
            floors or walls, or both, of the booths, cubicles,
            studios and rooms, which deposits could prove detrimental
            to the health and safety of other persons who may come in
            contact with such deposits; and
                (v)  the reasonable regulation and supervision of
            such adult-oriented establishments tend to discourage
            sexual acts and prostitution and thereby promote the
            health, safety and welfare of the patrons, clients and
            customers of these establishments.
            (3)  The continued unregulated operation of such adult-
        oriented establishments, including, without limitation, those
        specifically cited in paragraph (1), is and would be
        detrimental to the general health, safety and welfare of the
        citizens of this Commonwealth.
            (4)  The Constitution of Pennsylvania grants to the
        General Assembly power, especially police power, to enact
        reasonable legislation to regulate and supervise adult-
        oriented establishments in order to protect the public
        health, safety and welfare.
        (b)  Intent.--It is not the intent of the General Assembly in
     enacting this legislation to deny to any person rights of speech
     protected by the Constitution of the United States or the
     Constitution of Pennsylvania, or both, nor is it the intent of
     the General Assembly to impose by this chapter any additional
     limitations or restrictions on the contents of any communicative
     materials, including sexually oriented films, videotapes, books
     and other materials. Further, by enacting this legislation, the
     General Assembly does not intend to deny or restrict the rights
     of any adult to obtain or view, or both, any sexually oriented
     materials protected by the Constitution of the United States or
     the Constitution of Pennsylvania, or both, nor does it intend to
     restrict or deny any constitutionally protected rights that
     distributors or exhibitors of sexually oriented materials may
     have to sell, distribute or exhibit these materials.

Last modified: November 27, 2007