[HISTORY: Adopted by the Borough Council of the Borough of Upper
Saddle River 5-13-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses — See Ch. 76.
A.
The purpose of this chapter is to control and regulate
the distribution. sale, circulation and exposure of magazines, pictures, drawings,
photographs, prerecorded materials such as videotapes, films, cassettes, slides
and other publications devoted to the presentation and exploration of sexual
acts, normal or perverted, lust, passion, depravity, nudity, immorality and
the distribution and sale of devices, implements and other materials designed
to sexually stimulate.
B.
It is further declared that the operation of any establishment,
public or private, as a massage parlor, bath parlor or any similar type of
business where any physical contact with the recipient of such service is
provided by a person of the opposite sex 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.
As used in this chapter, the following terms shall have the meanings
indicated:
Any business or business operation which sells, distributes or otherwise
conveys any obscene materials described in definition of "obscene" herein.
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 interest. Any magazine, 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:
The dominant theme of the material taken as a whole appeals to the prurient
interest.
The material is patently offensive because it affronts contemporary
community standards, relating to the description or representation of sexual
matters; and
The material is utterly without redeeming social value or the work taken
as a whole lacks serious artistic, literary, political or scientific value.
Any individual, firm, corporation, partnership or any other type
or form of business which may be conducted in this state.
It shall be unlawful for any person, as defined herein, to:
A.
Operate any establishment, regardless of whether it is
a public or private facility, as a massage parlor, bath parlor or any similar
type business where any physical contact with the recipient of such service
is provided thereby resulting in sexual conduct.
B.
Use or occupy any building, structure or premises as
an adult bookstore, as herein defined.
A.
Maximum penalty. For violation of any provision of this chapter, the maximum fine shall be in accordance with § 1-15 of this Code.
[Amended 5-8-1986 by Ord.
No. 8-86; 9-8-1988 by Ord.
No. 16-88]
B.
A violation of § 86-3A shall also be grounds for revocation of any license or certificate of occupancy issued by the municipality for 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.
