1Imposing a fee on sexually oriented businesses; imposing duties
2on the Department of Revenue; and providing for the
3allocation of revenue to the Department of Public Welfare for
4grants for victims of sex offenses.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the Sexual
9Violence Victims Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Department." The Department of Revenue of the Commonwealth.

15"Nude." Either of the following:

16(1) entirely unclothed; or

17(2) clothed in a manner that leaves uncovered or
18visible, through less than fully opaque clothing, any portion
19of the breasts below the top of the aureola of the breasts,

1if the person is female, or any portion of the genitals or
2buttocks.

3"Sexually oriented business." As follows:

4(1) A nightclub, bar, restaurant or similar commercial
5enterprise that meets all of the following:

6(i) Provides for an audience of two or more
7individuals live nude entertainment or live nude
8performances.

9(ii) Authorizes on-premises consumption of alcoholic
10beverages, regardless of whether the premises is licensed
11under the act of April 12, 1951 (P.L.90, No.21), known as 
12the Liquor Code.

13(2) The term excludes a theatre as defined under section
142 of the act of June 5, 1937 (P.L.1656, No.344), known as the
15Store and Theatre Tax Act.

16Section 3. Fee.

17(a) Imposition.--A fee is imposed on a sexually oriented
18business in an amount equal to $5 for each customer admitted to
19the business.

20(b) Records.--A sexually oriented business shall record
21daily, in a manner prescribed by the department, the number of
22customers admitted to the business. The business shall maintain
23the records for the period required by the department and make
24the records available for inspection and audit by the
25department.

26Section 4. Remission of fee and submission of reports.

27Sexually oriented businesses shall quarterly:

28(1) Remit the fee imposed by section 3 to the department
29in a manner prescribed by the department.

30(2) File reports as required by the department.

1Section 5. Allocation.

2The monies collected under this act shall be deposited in a
3restricted account within the General Fund and shall be used by
4the Department of Public Welfare for the purpose of providing
5services to victims of sex offenses. The monies in the
6restricted account shall not be used to supplant Federal and
7State funds otherwise available for victims of sex offenses.

8Section 6. Applicability.

9The fee imposed under section 3 shall apply only to
10admissions to a sexually oriented business after the effective
11date of this section.

12Section 7. Effective date.

13This act shall take effect in 60 days.