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

Le Wand Introduces 'Classique' Vibe Collection

Le Wand has debuted its new Classique vibrator line.

Orion Debuts 'Vibrating Prostate Plug With Moving Rings' From 'Anos' Line

Orion Wholesale has introduced the Vibrating Prostate Plug with Moving Rings from its Anos line.

Fleshlight, Vixen Launch New Product Line

Fleshlight and Vixen Media Group (VMG) have partnered to launch the new Vixen x Fleshlight line.

Orion Debuts 'Masturbator 10' Stroker

Orion Wholesale has introduced the Masturbator 10 stroker from its What You Never Expected (WYNE) line.

Svakom Debuts 'DuoGlow' 5-in-1 Vibe

Svakom has introduced its new DuoGlow five-function vibrator.

Eversense Toys Launches 'Crowdfundr' Campaign

Pleasure brand Eversense Toys has launched a Crowdfundr campaign.

Flirt4Free, Lovense Introduce New 'Interactive Control' Features

Flirt4Free has debuted a new suite of interactive Lovense control features for models.

Blush Debuts 'Violet Vixen' Vibe From 'Temptasia' Collection

Blush has introduced the Violet Vixen vibrator from its Temptasia collection.

Orion Expands Cottelli 'Costumes' Line

Orion Wholesale has introduced three new outfits from its Cottelli Costumes line.

Svakom, Kaotik Labs Named Presenting Sponsors of XBIZ Honors

Svakom and Kaotik Labs have signed on as the Presenting Sponsors of the retail edition of the 2026 XBIZ Honors.

Show More