[HISTORY: Adopted by the Township Committee of the Township of Mansfield
3-18-1986 by Ord. No. 1986-5. Amendments noted where applicable.]
The purpose of this chapter is to uphold the moral values and integrity
of the citizenry of the Township of Mansfield. This chapter is enacted based
upon the moral, philosophical and religious beliefs held by the citizens of
Mansfield; the desire of the citizens of Mansfield Township to maintain the
Township's present character and values; to provide for the social welfare,
health and peace of the citizens of Mansfield Township; to prevent
adverse effects on the morals of its youth; and to prevent an increase in
transient traffic, loitering and crime that could result in the lowering of
property values should the prohibited activities as set forth herein be allowed
to operate in the Township of Mansfield. It has been determined that adult
entertainment uses, as defined by this chapter, tend to attract an undesirable
quantity and quality of transients, adversely affect property values, cause
an increase in crime and encourage residents and businesses to move elsewhere.
It is recognized that the prohibition of the uses as set forth in this chapter
is essential if the property values and moral values of the neighborhoods
within the Township of Mansfield are to be preserved and the public health,
safety, comfort, morals, convenience and general welfare promoted. In order
to promote the health, safety, comfort, morals, convenience and general welfare
of the residents of the Township, this chapter is intended to expressly prohibit
certain adult entertainment uses in all zones and zoning districts in the
Township. The Township of Mansfield deems the above interests to be of a significant
governmental interest and seeks to preserve them in the least restrictive
means by allowing certain uses as delineated below.
A.
The terms "specified sexual activities" and "specified
anatomical areas," as used in this chapter, shall have the same definition
as found in the New Jersey Statutes, N.J.S.A. 2C:34-2, and the same are incorporated
herein and made part hereof as if fully set forth.
B.
ADULT BOOKSTORE
ADULT ESTABLISHMENT and ADULT ENTERTAINMENT
ADULT MINI MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
CABARET
MASSAGE PARLOR
As used in this chapter, the following terms shall have
the meanings indicated:
An establishment having, as a preponderance, substantial or significant
portion of its stock-in-trade, books, magazines, films for sale or viewing
on premises by use of motion-picture devices or any other coin-operated means
and other periodicals which are distinguished or characterized by their emphasis
on matter depicting or relating to specified sexual activities or specified
anatomical areas, or an establishment with a segment or section devoted to
the sale or display of such material.
An adult bookstore, adult motion-picture theater, adult mini motion-picture
theater, a massage parlor business or a cabaret, as defined in this section.
An enclosed building, with a capacity of fewer than 50 persons, used
for presenting a preponderance of material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas for observation by patrons therein.
An enclosed building, with a capacity of 50 or more persons, used
for presenting a preponderance of films of or films consisting of materials
distinguished or characterized by an emphasis on matter depicting, describing
or relating to specified anatomical areas or specified sexual activities for
observation by patrons therein.
A nightclub, theater or establishment which features live performances
by topless and/or bottomless dancers, waiters, waitresses, bartenders or barmaids,
go-go dancers, exotic dancers, waiters, waitresses, bartenders or barmaids,
strippers or similar entertainers, where such performances are distinguished
or characterized by emphasis on specified sexual conduct or specified anatomical
areas.
Any place where, for any form of consideration or gratuity, a massage,
alcohol rub or the administration of 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 where any person providing
such treatment, manipulation or service relating thereto exposes specified
anatomical areas.
The following uses are prohibited:
A.
Adult bookstores. No businesses will be allowed to operate an adult bookstore, as defined in § 3-2 of this chapter.
(1)
Those establishments desiring to sell books, magazines,
videotapes or cassettes, films (with regard to videotapes, etc., for sale
and/or rental) and such similar material may do so so long as it is for viewing
off premises.
(2)
Magazines, books or periodicals shall be displayed or
advertised so as to be out of the reach and view of minors and should not
be the main sales function of the business.
(3)
With regard to the sale or rental of videocassettes or
films, these items may be available for sale or rent for off-premises viewing,
but are not to be prominently displayed or advertised, and should be out of
the reach and view of minors and should not be the main sales function of
a business.
B.
Adult motion-picture theaters and adult mini motion-picture
theaters. No business shall be allowed to operate an adult motion-picture
theater or an adult mini motion-picture theater in the Township of Mansfield.
C.
Massage parlors. Massage parlors shall not be allowed
within the Township of Mansfield.
D.
Cabaret. No cabaret, nightclub, theater or other establishment
which features live performances by topless and/or bottomless dancers, waiters,
waitresses, bartenders and barmaids, go-go dancers, exotic dancers, strippers
or similar entertainers, where such performances are distinguished or characterized
by an emphasis on specified sexual conduct or specified anatomical areas,
shall be allowed within the Township of Mansfield.
All ordinances inconsistent with this chapter and its terms herein are
hereby repealed.
If any section, subsection, sentence, clause, phrase or word of this
chapter should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect
the validity or constitutionality of any other section, subsection, sentence,
clause, phrase or word of this chapter.
Should the establishments prohibited by this chapter be deemed to be
allowable pursuant to constitutional standards, as determined by a court of
competent jurisdiction, then such establishment, in order to do business within
the Township of Mansfield, must file a community impact statement.
A.
Filing of community impact statements. Upon the determination
that a prohibited act of this chapter is unconstitutional and must be allowed
to operate in some form within the Township of Mansfield, then said business
shall file with the Township a community impact statement for licensure of
said business. No business license shall be issued to any proposed business
which is determined by the governing body of the Township of Mansfield to
be oriented toward serving or attracting a transient population of customers
or patrons. Furthermore, a license shall not issue to any establishment whose
activity may not be reasonably related to the health, education, safety and
welfare of the community, until said business has first prepared and submitted
to the Township a community impact statement, as hereinafter described.
B.
Purpose. Businesses which are not family-oriented and
which may have an adverse impact upon family commerce, recreation, education
and worship should be encouraged to locate in other communities where their
patronage would be more suitable and profitable and where their impact would
be more acceptable. In order to identify such businesses to determine whether
or not they should he licensed and what special requirements, if any, should
be imposed, the Township of Mansfield shall require a study and review of
probable impact on the community of any proposed business activity oriented
toward serving or attracting a special population of customers and not oriented
toward activities reasonably related to the health, education, safety and
welfare of the family.
C.
Contents of community impact statements. Community impacts
statements shall contain the following elements:
(1)
A detailed description of the proposed business; the
names and addresses of all owners and shareholders, officers and directors
thereof; the proposed location; a description of the building and facilities;
a description of merchandise or services to be sold or otherwise provided;
the proposed hours of operation; a profile of expected customers; the projected
market area; and reference to other similar business operations.
(2)
An analysis of the existing business community within
a three-hundred-foot radius of the proposed location, including the following
factors, at a minimum:
(4)
The impact of the proposed business upon the physical
health, mental health, social health and social environment of Mansfield Township.
(5)
The names, addresses and signatures of owners of property within a two-hundred-foot radius of the proposed establishment attesting to the fact that those signing gave no objection to the type of business to be conducted under Subsection C(1) above.
(6)
Alternative locations for the proposed business and/or
alternative business for the proposed location.
D.
Review and decision-making process.
(1)
A completed community impact statement, together with
20 copies, shall be filed by the applicant with the Township Clerk and Planning
Board Secretary and other parties requesting the same. The Township Clerk
may assess a charge for the cost of copying any completed community impact
statement issued to private parties.
(2)
The Clerk shall invite comments, to be made within 30
days, on the community impact statement from the Township's Planning Consultant
and Planning Board Engineer. Within 60 days, the Planning Board shall make
recommendations to the Township Committee on whether the applicant's business
license shall be granted or denied and/or whether certain steps shall be taken
by the applicant to reduce the adverse impacts of its proposed business on
the Mansfield Township.
(3)
The Township Committee shall then schedule a public hearing
for the purpose of considering issuance of the business license to the applicant.
At the conclusion of the public hearing and any continuances thereof, the
Township Committee shall either grant or deny the business license or grant
the business license subject to conditions.
(4)
It shall be valid grounds for the denial of a business
license if the Township Committee finds that a proposed business will have
a significant adverse impact upon the community and will be significantly
inconsistent with the purposes of this chapter, The possibility of mitigating
measures agreed to by the applicant shall be taken into account.
(5)
No business license shall be denied solely on the basis
of the contents of written, audio or visual communications sold or made available
to customers unless the same is found to be obscene as defined in N.J.S.A.
2C:34-2 et seq.
E.
Retroactive effect. All procedural elements of this chapter
shall have retroactive as well as prospective applications to any and all
businesses that have not received a final and unconditional business license
on the date of enactment hereof. The substantive elements of this chapter
are deemed to be necessary for the immediate protection of the public health,
safety and general welfare and shall also apply to aid businesses.
F.
Review of licenses.
(1)
The Township Committee shall maintain continuing jurisdiction
to review the licenses of all businesses which were granted after Township
Committee review of the business's community impact statement in order to
assure that the public interest is served by the businesses having been issued
the same.
(2)
Review proceedings may be initiated in any of the following
ways:
(a)
Upon written request of the Township Committee on any
of the following grounds:
[1]
Violation of the Mansfield Township ordinances, including
but not limited to zoning, subdivision, building, plumbing, mechanical or
fire code of the Township or of the Township's antiobscenity ordinance.
[2]
Conducting activities other than as described in the
community impact statement.
[3]
Violation of any condition of the business license.
[4]
If there has been a material change in the licensee's
business activities and/or in the merchandise or services provided to customers,
which change may have adverse impact on the community in violation of the
goals and purposes of this chapter.
(b)
Upon petition filed with the Township Clerk of not fewer
than 25 property owners or tenants or 50% of all of the property owners or
tenants within a three-hundred-foot radius of the subject premises, stating
that said business has a significant adverse impact on the community and is
significantly inconsistent with the criteria for family-oriented businesses
established by this chapter.
G.
Review procedure; committee action.
(1)
Upon receipt of a request for review proceedings, the
Township Committee shall set a date for a public hearing and direct the Township
Clerk to mail the licensee notice.
(2)
The Township Clerk shall send the licensee notice of
the date, time and place of the public hearing by certified mail to the licensee's
business address as stated on its business license. Notices shall also be
mailed to those persons whose names and addresses appear on the petition,
if such was filed.
(3)
After the public hearing, the Township Committee may
revoke the business license on any of the following grounds:
(a)
That the licensee has made a materially false, incomplete
or misleading statement in any application for the business license or in
the community impact statement.
(b)
That the nature of the business and/or the character
of the surrounding area has so changed, such that the business will have a
significant, adverse impact upon the community and will be significantly inconsistent
with the purposes of this chapter.
(c)
That there are material violations of zoning, subdivision,
building, plumbing, mechanical or fire codes of the Township or of any other
ordinances of the Township.
H.
Severability. If any section, subsection, sentence, clause,
phrase or word of this chapter relating to the community impact statement
should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity
or constitutionality for any other section, subsection, sentence, clause,
phrase or word of this chapter.
Any person violating any provisions of this chapter shall, upon conviction
thereof, be punished by a fine of not more than $1,000, and each day that
the violation continues shall be a separate offense, punishable by a separate
fine.
This chapter shall take effect upon final passage and publication according
to law.
