Township of Manalapan, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993 by Ord. No. 93-30 as Ch. 63 of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 95.
Loitering — See Ch. 141.
Massage parlors — See Ch. 144.
There are some business and trades which, because of their very nature, are recognized as having serious objectionable operational characteristics. It has been determined that strict control and regulation of these businesses and trades is required to ensure their operation is maintained in compliance with the law for the preservation of the public peace, health, safety, moral and general welfare of the people of the Township of Manalapan and to prevent their contributing to the blighting and downgrading of the surrounding neighborhood. The businesses and trades subject to these strict controls and regulation are as follows:
A. 
Adult bookstores.
B. 
Adult motion-picture theaters.
C. 
Adult mini-motion-picture theaters.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films or other viewing material which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas or an establishment in which a segment or section of the premises is devoted to the sale, rental, display or viewing of such material.
ADULT LIVE ENTERTAINMENT
A live performance, act or dance performed by a nude or seminude entertainer or other persons which depicts a person or persons engaging in or which calls attention to, exhibits, shows or involves specified sexual activities or specified anatomical areas, as defined.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons used for presenting material, films or movies distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, as defined herein, for observation by patrons therein. This definition shall also apply to an enclosed building which contains any number of individual viewing booths in which a patron may privately or individually view material, films or movies containing material as specified herein or adult live entertainment.
ADULT MOTION-PICTURE THEATER
An enclosed building used primarily for presenting material, films or movies distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, as defined herein, for observation by patrons therein.
OWNER
Any person who owns or operates an establishment, business or trade which can be defined as an adult bookstore, adult motion-picture theater or adult mini-motion-picture theater.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a human being who is nude or clad in undergarments or in revealing or bizarre costumes or the condition of one who is nude or so clothed and who is being fettered, bound or otherwise physically restrained.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals, in an act of apparent sexual stimulation or gratification.
A. 
Less than completely and opaquely covered human genitals, pubic region, buttocks and/or female breasts below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
A. 
Human genitals in a state of sexual stimulation or arousal;
B. 
Any act of human masturbation; sexual intercourse or sodomy; or
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Adult bookstores, adult motion-picture theaters and adult mini-motion-picture theaters are hereby deemed to be regulated uses.
No regulated use may be located within 1,500 feet of any other regulated use or within 1,500 feet of a church or other religious institution or a public or private school. No regulated use may be located within 1,500 feet of any residentially zoned area, regardless of whether or not such zone is actually developed for residences. All distances shall be measured along a straight line from the nearest boundary line on the lot on which the proposed regulated use is to be located to the nearest point on a property boundary line on which is located any other regulated use, a church or other religious institution, a public or private school or residential zone.
The following regulations shall apply to all uses regulated herein:
A. 
No owner shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him in the ownership or management of the business or to be in his employ or to loiter on the premises.
B. 
No owner shall permit any minor under the age of 18 years to be on the premises at any time.
C. 
No owner shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.
Any person who shall violate any of the provisions of this chapter shall be subject to imprisonment in the county jail for a period of not to exceed 90 days and/or to a fine of not less than $250 nor more than $500, or both. Each and every violation and nonconformance to this chapter or each day that any provision of this chapter shall have been violated, shall be construed as a separate and distinct violation thereof.