Township of Hazlet, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hazlet 5-7-1990 by Ord. No. 781-90[1] as Sec. 7-14 of the 1982 Revised General Ordinances (Ch. 315 of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 249.
[1]
Editor's Note: The preface to this ordinance cited the following findings of the Township Committee:
"1. The retail sale or rental of certain forms of educational and entertainment materials, specifically films and videos, constitutes a discrete and special commercial enterprise warranting specific regulation and licensing;
"2. The contents of such films and/or videos may on occasion be contrary to obscenity or pornography laws or contrary to the prevailing community standards of this community;
"3. The methods of display or merchandising of certain films or video, whether or not the same violate obscenity or pornography laws, may be detrimental to the health, safety and welfare of the residents of the Township and of the general public if not properly controlled and regulated and, specifically, if displayed, sold, advertised or made available in a manner designed or likely to encourage or entice minors to view or acquire the same or if the display or merchandising of such videos is placed so as to unavoidably thrust said displays upon minors and others who do not wish to see such displays;
"4. Regulation of the display and merchandising of such films and/or videos can be accomplished without infringing upon rights protected by the Constitutions of the United States and of New Jersey;
"5. The provisions of this ordinance are designed reasonably to regulate the advertisement, display, sale and rental of films and videos in a proper manner."

§ 455-1 License required.

It shall be unlawful to display, offer to sell, advertise, sell or rent any film or videocassette for a fee or otherwise, in any retail commercial premises without having first secured a license as herein provided. Said license shall be for a specific premises and shall be nontransferable.

§ 455-2 Term of license; fee.

A. 
All licenses issued under this chapter shall expire on December 31, following the date when issued, without regard to the time of said year when issued, and the fees as herein fixed shall be the license fee for said time, whether it be for all or part of such license year.
B. 
The annual fee shall be $100.

§ 455-3 Application requirements.

A. 
Any person desiring a license to operate a video business shall submit a license application to the Township Clerk.
B. 
The application shall state:
(1) 
The name and address of the owner of the property.
(2) 
The name and address of the license if other than the owner of the property.
(3) 
The type of merchandise that will be sold or rented at the video business.
(4) 
A diagram of the premises showing the interior layout of the premises and describing the mode of operation and the methods of compliance with this chapter.
(5) 
Whether or not X-rated or sexually explicit videos or films will be displayed, rented or sold.
C. 
The aforementioned application will not be necessary where the license desired is a renewal of a previous license and in the same name of the previous license holder.

§ 455-4 Regulations regarding X-rated films.

A. 
It shall be unlawful to display, advertise, rent or sell any film or videocassette which is deemed by state or federal law to be obscene or otherwise not protected by the United States Constitution and New Jersey Constitution.
B. 
No employee under the age of 18 shall be permitted to handle transactions in which an X-rated or sexually explicit film or videocassette is displayed, shown, sold or rented to any person.
C. 
No person under the age of 18 shall be displayed, sold, shown or rented any such X-rated or sexually explicit film or videocassette.
D. 
It shall be unlawful to sell or rent or display for sale or rent any film or videocassette which is rated X or which is sexually explicit, unless the following requirements are met:
(1) 
Such films and videocassettes and/or the display covers containing pictures or descriptions of said films or cassettes shall be segregated in a separate room, surrounded by solid walls. The door of said room shall be of a solid, nontransparent material and shall have posted thereon the following words in clear block letters of not less than two inches each:
ADULTS ONLY
NO ONE ADMITTED
UNDER 18 YEARS OF AGE
(2) 
Said door shall be kept closed except when being used for ingress and egress. Said door shall be clearly visible to the store cashier at all times and shall be not more than 15 feet from the cash register.
(3) 
The walls of said room shall extend from the floor to a height of not less than eight feet unless the ceiling shall be less than nine feet, in which case said walls shall extend from the floor to a distance of not less than one foot from the ceiling.
(4) 
The operator of said business shall be responsible for prohibiting minors from entering said room and that said room is adequately secured from casual observation by minors and the general public.
(5) 
No more than 5% of the total square foot area of the video store shall be utilized in which an X-rated or sexually explicit film or videocassette is displayed, shown, sold or rented to any person.
[Added 3-7-1995 by Ord. No. 977-95]
E. 
The provisions of this chapter shall apply irrespective of the total volume or percentage of the business at the premises which such sales or rentals or videos shall constitute.

§ 455-5 Violations and penalties.

A. 
Except as provided in Subsection B below, any violation of this chapter shall result in the following penalties being imposed upon the licensee:
(1) 
For the first offense, suspension of the license from one to 20 days.
(2) 
For the second offense, suspension of the license from 21 to 60 days.
(3) 
For the third violation, revocation of the license.
B. 
The knowing misstatement of any material fact or omission of any required information from the license application shall result in denial of issuance of such license or revocation of the license.
C. 
In determining whether any person or entity has violated this chapter, the standards and defenses set forth in N.J.S.A. 33:1-77, respecting sale of alcoholic beverages to a minor, shall apply as if the same applied to the display, handling, showing, giving, sale or rental of such X-rated or sexually explicit films or videos as defined herein.

§ 455-6 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DISPLAY
In addition to the storage, exhibition, and shelving of videos and films, the posting, showing or revealing to any person of any case, carton, box, bag or other wrapping in which such film or video is packaged or contained and any poster, sign, advertisement, photograph, book, catalogues or document of any kind describing the contents of such film or video.
SEXUALLY EXPLICIT
The depiction of specified sexual activities or specified anatomical areas, as follows:
A. 
SPECIFIED ANATOMICAL AREAS:
(1) 
Less than completely and opaquely covered human genitals and pubic region.
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
B. 
SPECIFIED SEXUAL ACTIVITIES:
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of human masturbation, sexual intercourse or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.