Township of Delaware, NJ Chapter 100 Adult Bookstores

[HISTORY: Adopted by the Township Committee of the Township of Delaware by Ord. No. 1983-1 (Sec. 3-4 of the 1985 Revised General Ordinances). Amendments noted where applicable.]

§ 100-1 Purpose.

A. The purpose of this chapter is to control and regulate the distribution, sale, circulation and exposure of movie film, movie tapes, videocassettes, magazines, pictures, drawings, photographs and other publications devoted to the presentation and exploitation of sexual acts, normal or perverted, lust, passion, depravity, nudity, immorality, and the distribution and sale of devices, implements and other materials designated to sexually stimulate.

B. It is further declared that the operation of any establishment, public or private, devoted to the purposes described in the preceding subsection or any similar type of business is a matter of public concern and the provisions hereinafter described are enacted and their necessity in the public interest is hereby declared as a matter of legislative determination.

§ 100-2 Definitions.

As used in this chapter, the following terms shall have the meaning indicated:

ADULT BOOK STORE

Any business or business operation which sells, distributes or otherwise conveys any obscene materials described in this subsection definition of "obscene."

OBSCENE

That which to the average person, applying contemporary community standards, when considered as a whole, has as its dominant theme or purpose, an appeal to the prurient picture, drawing, photograph, or other publication, and any mechanical or electronic gadget, implement or device designed to sexually stimulate shall be obscene within the meaning of this chapter, if it is established that:

A. The dominant theme of the material taken as a whole appeals to the prurient interest;

B. The material is patently offensive because it affronts contemporary community standards, relating to the description or representation of sexual matters; and

C. The material is utterly without redeeming social value, or the work taken as a whole lacks serious artistic, literary, political or scientific value.

PERSON

Any individual, firm, corporation, partnership or any other type or form of business which may be conducted in this state.

§ 100-3 Prohibited actions.

A. It shall be unlawful for any person as defined herein to:

(1) Operate any establishment, regardless of whether it is a public or private facility, as an "adult bookstore" as herein defined.

(2) Use or occupy any building, structure or premises as an "adult bookstore" as herein defined.

B. It shall be unlawful for any "person" as defined herein to sell, distribute or otherwise convey any obscene materials described in § 100-2.

§ 100-4 Violations and penalties.

A. Any person, as defined above, who shall violate any of the prohibitions of § 100-3 shall upon conviction be subject to the penalty established in Chapter 1, Article II, for each and every offense.

B. A violation of § 100-3 shall also be grounds for revocation of any license or certificate of occupancy issued by the Township of Delaware on the premises.

C. Every day that the provisions of this chapter are violated by any person as defined herein shall be a separate and distinct violation of this chapter.