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 © 2026 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

Anastasia's Bedroom Introduces 'Lightly Loved Lingerie' Collection

Anastasia’s Bedroom, a Canadian-based online retailer, has debuted its Lightly Loved Lingerie collection.

LELO Debuts 'Surfer 2' Anal Plug

LELO has introduced its new Surfer 2 anal plug.

Our Erotic Journey Expands 'Cristal Collection' of Vibrators

Our Erotic Journey has introduced five new vibrators from its Cristal Collection.

Nice & Naughty Names Chris Fleiger Director of Operations

Michigan-based retail chain Nice & Naughty has appointed Chris Fleiger as its new director of operations.

XBIZ Retreat to Make Its Cabo Comeback Aug. 17-21

XBIZ Retreat will return to Cabo San Lucas Aug. 17–21, bringing together top LATAM retail buyers and pleasure product brands for a week of dealmaking and networking.

Orion Debuts 'Oral Fun' Vibrator Collection

Orion Wholesale has introduced its Oral Fun vibrator line.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

Full Circle Introduces 'My Buddy' Plug Collection

Full Circle has debuted its new My Buddy line of vibrating anal plugs.

Vibratex Names Kerrie McKinnon as Retail Specialist

Vibratex has named Kerrie McKinnon as its new retail specialist.

Orion Debuts 'Suspender Corset' From Cottelli Lingerie

Orion Wholesale has introduced a suspender corset from its Cottelli Lingerie line.

Show More