Court: Club Kama Sutra’s Menu Not Consistent With Zoning

PHILADELPHIA — Do fries go with that shake?

According to a divided Pennsylvania appeals court, apparently not.

The Commonwealth Court of Pennsylvania has ruled in favor of old-fashioned dining etiquette, deciding that sexual activity is not an “accessory use” to Club Kama Sutra.

The restaurant, which opened in 2000, was ordered to close in 2005 after Philadelphia zoning inspectors said it was breaking the law by offering sex between patrons.

The zoning board found that allowing patrons to engage in sexual relations with one another was not a use customarily incidental to a restaurant. Without taking any additional evidence, a lower court said that just because the city's zoning ordinances do not expressly prohibit sex clubs, it does not mean they are permitted.

Club Kama Sutra featured a buffet on the first floor, dancing on the third floor and, according to the opinion, “open cubicles with futon mattresses where patrons could engage in sexual activity, as well as watch other patrons so engaged, on the second floor.”

Club Kama Sutra charged $100 per couple on Saturday nights, $75 per couple on Friday nights, $25 for a single woman to attend on either night and $100 for single men, who were only allowed in on Friday nights.

MAJ, Club Kama Sutra’s parent company, argued on appeal that it was in compliance with a 2000 zoning permit because sexual activity on the property was “live entertainment,” making it an accessory use to the restaurant and therefore MAJ had a vested interest in the permit.

MAJ also maintained that Philadelphia zoning ordinances do not specifically prohibit sexual activity on the premises and that Club Kama Sutra did not fit all zoning code definitions of a “cabaret” because those engaging in sexual activity were not paid performers.

The court’s majority disagreed and said in the ruling that at the time it was opening Club Kama Sutra, MAJ would have been better off applying for a permit to operate a “cabaret,” which by city zoning ordinance definition is “[a]n adult club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.”

Judge Renee Cohn Jubelirer further said that if the drafters of the zoning code had considered sexual activity to be an acceptable form of live entertainment for a restaurant, “there would have been no need to either define cabarets as a separate use or to provide that a restaurant could be a cabaret.”

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Stephen Colbert Takes Aim at Texas' Crackdown on Sex Toys

Stephen Colbert is cracking up over Texas lawmakers’ crackdown on sex toys in the state.

XR Brands 'Silicone Body Forms' Highlighted at Paris Fashion Week

XR Brands’ Ripped Silicone Male Chest and Perky Pair Silicone Breasts were highlighted at 2025 Paris Fashion Week.

Eye of Love Introduces 'Matchmaker Collection' Display Planogram

Eye of Love has debuted a new display planogram for its Matchmaker Collection of pheromone-infused scents.

Fleshlight Debuts Taylor Vixxen Stroker

Fleshlight has introduced its new Pro stroker, molded on the anatomy of Taylor Vixxen.

Orion Expands 'LateX' Collection With 2 New Outfits

Orion Wholesale has added two new outfits to its LateX collection of fetish apparel.

Blush Debuts 'Unicorn Dreams' Vibrator

Blush has introduced the new Unicorn Dreams vibrator from its Play With Me collection.

Cyberskin Debuts 4 New Strokers

Pleasure brand Cyberskin has introduced four new strokers.

Chappell Roan Gives Shout Out to Womanizer on 'Call Her Daddy' Podcast

Chappell Roan gave a shout-out to Womanizer during her guest appearance on the “Call Her Daddy” podcast, hosted by Alex Cooper.

BeYourLover Debuts 'Alberta' Camera-Shaped Vibrator

Pleasure brand BeYourLover has introduced its Alberta vibrating suction toy with nipple clamps.

We-Vibe Surveys Men About Pleasure Products

We-Vibe has released the results of a survey asking male respondents how the use of pleasure products affects their sex lives.

Show More