[Added 1-25-1993 by Ord. No. 3-93]
A. Statutory authorization. It is the responsibility of the local government to adopt regulations designed to promote the public health, safety and general welfare. Such power has been delegated to the municipalities from the legislature of the State of New Jersey. The Township Committee of the Township of Jackson, in order to better promote the public health, safety and general welfare of its citizens, does ordain as follows.
B. Findings of fact.
(1) Pursuant to N.J.S.A. 2C:34-2b, the legislature of the State of New Jersey has determined that it is a fourth-degree crime to sell, distribute, rent or exhibit material which is obscene. Consequently, the State of New Jersey has preempted the Township of Jackson from prohibiting the sale of material which the Township believes to be obscene. However, in order to promote the public health, safety and general welfare of its citizens, the Township of Jackson may promulgate reasonable time, place and manner regulations with respect to the sale, distribution, rental or exhibition of various items by sexually oriented businesses.
(2) The Township of Jackson has determined that sexually oriented businesses have a deleterious effect on both the existing businesses adjacent to such establishments as well as the surrounding residential areas; cause increased crime, especially prostitution; adversely affect property value; create an atmosphere which is inimical to the values of a significant segment of the Township's population; encourage residents and businesses to move elsewhere; and that such sexually oriented businesses, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the adjacent areas.
C. Purpose and objectives. It is the purpose of this article to regulate sexually oriented businesses to minimize and control the adverse effects recognized in the preceding section and to promote the public health, safety and general welfare of the citizens of the Township of Jackson. The Township Committee of the Township of Jackson finds that the secondary effects of adult entertainment establishments, as established through the reports and studies of other cities and municipalities with the appropriate resources to conduct the same, are deleterious and inimical to health, safety and general welfare of the residents of the municipality. It is not the purpose of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment nor will this article have the effect of restricting or denying such access.
As used in this article, the following terms shall have the meanings indicated:
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 specific sexual activities or specified anatomical areas; 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 A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or 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.
NUDITY OR A STATE OF NUDITY The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.
OBSCENE MATERIALS The definition of "obscene materials" set forth in P.L. 1978, c. 95, as amended by Section 1 of P.L. 1982, c. 211 (effective December 23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitution 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 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.
A. It shall be a violation of this article if a person operates or causes to be operated or allows to be operated a sexually oriented business:
(1) Within one 1,500 feet of a place of worship.
(2) Within 1,500 feet of a school, whether public or private, or within 1,500 feet of any school bus stop.
(3) Within 1,500 feet of a boundary of a growth area, village or rural development district.
(4) Within 1,500 feet of any other sexually oriented business.
(5) Within 1,500 feet of any residential use.
(6) Within 1,500 feet of any public park or playground.
B. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public park or playground, a lot devoted to residential use or a school bus stop.
C. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the establishment of the sexually oriented business, of a place of worship, school, public area, residential district or residential lot within 1,500 feet of the sexually oriented business.
D. Sexually oriented businesses shall conform to design standards and development requirements established through the ordinances of the Township of Jackson.
A. Any person violating any provision of this article, upon conviction, is punishable by a fine not to exceed $1,000 or a term of imprisonment not to exceed 90 days, or both. In no event shall any person violating this article, upon conviction, receive a fine below the amount of $100.
B. Each day a sexually oriented business is in operation, in violation of this article, shall constitute a separate offense under this article.
C. Each separate film, videocassette or other visual reproduction or each showing of live entertainment which is displayed to another in violation of this article is a separate offense under this article.
