As used in this article, the following terms are defined as
follows:
ADULT ARCADE
Any place to which the public is permitted or invited, wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or image-producing devices are maintained
to show images to one person per machine at any one time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which as one of its principal
business purposes offers for sale or for rental for any form of consideration
any one or more of the following:
A.
Books, magazines, periodicals or other printed material, or
photographs, films, motion pictures, videocassettes or video reproductions,
slides or other visual representations which depict or describe specified
sexual activities or specified anatomical areas, as defined in this
section; or
B.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity; or
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
ADULT MOTEL
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration,
and which:
A.
Provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas, and
has a sign visible from a public right-of-way which advertises the
availability of this adult type of photographic reproductions;
B.
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas. Adult motion-picture theaters shall meet the seating criteria
established for adult theaters.
ADULT THEATER
Theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity in
live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities. Seating shall
be provided in a design consistent with traditional movie theaters.
All sitting areas shall be visible and unobstructed.
COMMERCIAL DISPLAY
The exhibition to the senses of another person for valuable
consideration whether the valuable consideration is paid by the recipient
of the exhibition or by another, and whether the exhibition occurs
at the exhibitor's place of business or elsewhere.
OBSCENE MATERIALS
The definition of obscene materials set forth in c.95, L.
1978, as amended by c.211, Section 1, L. 1982 (effective December
23, 1982, as N.J.S.A. 2C:34-2), as from time to time amended or supplemented,
as well as in accordance with and not more strictly than judicial
interpretations thereof pursuant to the constitutions of the United
States and of the State of New Jersey finally concluded in courts
of jurisdiction sufficient to render decisions on constitutional questions
of general application.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater or adult theater.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock or female breasts below the point immediately above
the top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
And includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttock or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C of this definition.