[HISTORY: Adopted by the Borough Council of the Borough of Stone
Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted as Sec. 4-15 of the 1982 Revised General Ordinances]
A.
It is hereby determined that adult businesses, as defined by
this article, tend to attract an undesirable quantity and quality of transients,
adversely affecting property values, causing an increase in crime, including
prostitution, and encouraging residents and businesses to move elsewhere;
and
B.
Due to the exceptional land use characteristics and locational
impacts of adult entertainment uses, which have a deleterious and destructive
effect upon land uses and values within the Borough of Stone Harbor, it is
recognized that such businesses to the extent that they promote obscenity
or sell obscene material or display obscene acts should be prohibited from
the Borough, and those which are not determined to be obscene should be restricted
in such a way as to minimize their adverse effect on property values, the
neighborhoods within the Borough and the public health, safety, comfort, morals,
convenience and general welfare of the inhabitants and visitors of this Borough.
As used in this article, the following terms shall have the meanings
indicated:
An adult business which has adult products such as books, magazines,
videotapes, films and similar adult products, whether such products are for
sale, rent or viewing on premises.
A business which displays, shows, or otherwise exhibits adult products
and/or a display or depiction of a specific anatomical area or specified sexual
activity which emits sensuality but is not obscene and which:
Has adult products which constitute 10% or more of its stock-in-trade
(based upon retail prices) at any one time; or
Receives gross income in any calendar month of 10% or more resulting
from the sale of adult products and/or as proceeds from its adult business
activities; or
Uses 10% or more of its display area for the display or advertising
of its adult business activities; or
Displays any adult product or products unless same are displayed or
covered in such a fashion that a customer cannot see any display or depiction
of a specified anatomical area or a specified sexual activity, nor can such
customer see any writing or other matter thereon depicting or relating to
specified sexual activities or specified anatomical areas, unless such customer
specifically requests to see same.
A nightclub, theater or other establishment, in which an adult business
featuring live performances, topless and/or bottomless dancers, go-go dancers,
exotic dancers, strippers or similar entertainers is conducted.
A place where an adult business is carried on in which massage, alcohol
rub, administration of fomentations, electric or magnetic treatments, or any
other treatment or manipulation of the human body occurs as part of or in
connection with specified sexual activities, or when any person providing
such treatment, manipulation or services related thereto exposes specified
anatomical areas.
A place where an adult business is carried on where male or female
figure models display specified anatomical areas to be observed, sketched,
drawn, painted, sculptured, photographed or the like.
An enclosed building in which an adult business is conducted by presenting
films, videotapes or the like to the general public.
Products which display or are a depiction of a specified anatomical
area or of a specified sexual activity or which products are distinguished
or characterized by their emphasis on matters depicting or relating to specified
sexual activities or specified anatomical areas, all of which products emit
sensuality but are not obscene.
Acts which depict or describe, in a patently offensive way, ultimate
sexual acts, normal or perverted, actual or simulated, masturbation, excretory
functions or lewd exhibition of the genitals, which acts lack serious literary,
artistic, political or scientific value when taken as a whole, and which to
the average person, applying contemporary community standards, has a dominant
theme, taken as a whole, which appeals to the prurient interest.
As defined in N.J.S.A. 2C:34-2, as amended from time to time.
As defined in N.J.S.A. 2C:34-3, as amended from time to time.
It shall be unlawful to sell, offer for sale or display obscene material.
It shall be unlawful to own or operate any business such as an adult
bookstore, an adult motion-picture theater, an adult cabaret, an adult massage
parlor, or an adult model studio, in which any obscene material is displayed
or sold or in which any obscene acts are carried on.
A.
Adult businesses, including but not limited to adult motion-picture theaters, adult bookstores, adult cabarets, adult massage parlors and adult model studios, shall only be permitted in business districts and as limited therein. (See Chapter 560, Zoning, for location limitations.)
B.
Adult businesses shall be subject to the following restrictions:
(1)
No adult business shall be located within 200 feet of
the entrances to a church or school.
(2)
No two adult businesses shall be located within 600 feet
of each other.
(3)
The hours of operation of the adult business shall be
from 10:00 a.m. until 11:00 p.m., Monday through Saturday only.
(4)
The areas in which an adult business is conducted shall
be separated from other nonadult business activities, and such areas shall
be set up in such a manner that a customer, who does not enter said areas,
would not be able to see the adult products, specified sexual activity or
specified anatomical areas on display.
(5)
Advertisements and displays describing the goods or services
operated within the adult business premises shall not be visible from outside
the building; provided that the general nature of the business, such as the
words "books," "motion pictures," "nightclub," "massage," "modeling studio"
and similar words of general description, shall be permitted upon signs permitted
hereunder.
(6)
No loud speakers or sound equipment shall be used which
will emit sound to the outside of the building.
(7)
Permitted signs on the exterior of the building shall
be limited to lettering indicating the name, address and general nature of
the business only. In a building in which only an adult business or adult
businesses are conducted, a sign shall be located in such a manner inside
the building as to be readily apparent and easily readable by a prospective
customer immediately upon entrance into the building. In a building containing
adult and nonadult businesses, the areas in which the adult business is conducted
shall be clearly marked outside the adult business areas with a sign, readily
apparent and easily readable by a prospective customer who might enter said
area. The signs aforesaid shall contain the following language: "An adult
business is carried on in this area. Minors are not permitted, and adults
should use their discretion before entering."
(8)
No minor shall be permitted in the areas of the building
where the adult business is conducted, whether such minor is
an employee, customer, visitor or otherwise.
(9)
No corporation, partnership, association of persons or any individual person or individual persons shall own, operate or be employed in or by an adult business if such owner, operator or employee has ever been convicted of a violation of this Article I, the violation of any municipal, state or federal law prohibiting the sale, lease, exhibition or display of obscene material or obscene acts, or any crime of moral turpitude.
(10)
The operator of any adult business shall have on the
premises at all times the names and addresses of all its employees, and all
such employees shall first appear at the Stone Harbor Police Department for
the purpose of being fingerprinted prior to their commencing their duties
as employees of an adult business.
(11)
The exterior of the business premises shall be so constructed, designed or laid out so that no person outside the building can view the areas of the business in which the adult business activities are conducted, whether or not the doors, windows and other openings are opened or closed. The interior of the business premises where the adult business is being conducted shall be lighted and designed in such a way that all parts of same shall be readily visible to persons moving freely within the adult business area, except that an adult motion-picture theater shall not be subject to the terms of this Subsection B(11).
Any person or association of persons desiring to own or operate an adult
business in the Borough of Stone Harbor shall be required to file an application
and obtain a license therefor. The annual license fee for each calendar year,
or any part thereof, shall be $800. The license application shall provide
for:
A.
The name and address for the past 10 years of all persons
who do or will have any ownership interest in the business or intend to work
in the business premises; and
B.
Fingerprinting of all such persons who have been disclosed
within the application; and
C.
A disclosure as to which of any such persons have ever
been convicted of a violation of this article or a violation of any municipal,
state or federal law prohibiting the sale, lease, exhibition or display of
obscene material or obscene acts; and
D.
Other matters as set forth in § 352-2, Application requirements for license, of the Code of the Borough of Stone Harbor.
E.
Other matters, from time to time, determined relevant
by Mayor or Council.
A.
The contents of the license shall be as set forth in § 352-4, Contents of license, of the Borough of Stone Harbor Code, and all licensees shall be bound by the provisions of §§ 352-5 through 352-9 of the Borough of Stone Harbor Code; however, no license shall be issued until after the investigation set forth in § 352-3 hereof has been completed. The results of the investigation shall be turned over to the Amusement Licensing Board for action.
B.
The Amusement Licensing Board is hereby empowered to review, grant, deny, suspend or revoke licenses for adult businesses. The functions and procedures of the Amusement Licensing Board are found in various chapters of the Code of the Borough of Stone Harbor, including, but not necessarily limited, to §§ 141-5, 141-6 and 141-10.
Any person or association of persons, corporation or partnership, or
any partners of a partnership, or any officers, directors or shareholders
of a corporation or association convicted of a violation of this article or
a violation of any state or federal law prohibiting the sale, lease, exhibition
or display of obscene material or obscene acts, or the violation of any crime
involving moral turpitude, shall not be eligible to have any ownership interest,
continue to have any ownership interest, operate or continue to operate any
portion of any adult business in the Borough of Stone Harbor.
[Adopted as Sec. 4-19 of the 1982 Revised General Ordinances]
It shall be unlawful for any person, corporation or association of persons
of any kind to permit or employ any person in any place open to the public
or to which the public is invited, within the territorial limits of the Borough
of Stone Harbor, to perform a:
A.
It shall be unlawful for any female person of the age
of 10 years or older to exhibit herself topless or bottomless within the territorial
limits of the Borough of Stone Harbor in any public place, or any place open
to the public or to which the public is invited.
B.
It shall be unlawful for any male person of the age of
10 years or older to exhibit himself bottomless within the territorial limits
of the Borough of Stone Harbor in any public place, or any place open to the
public or to which the public is invited.
As used in this article, the following terms shall have the meanings
indicated:
Having the genital area beneath the waist unclothed or clothed by
a transparent material.
To show oneself in any capacity whether while employed in the performance
of work or entertainment or whether simply at leisure or otherwise.
A performance in which one removes an item or items of clothing for
public amusement in connection with a dance or otherwise.
Having the breasts unclothed or clothed by a transparent material.
