The Mayor and Council of the Borough of Seaside Heights recognize the
rights inherent in the United States Constitution which guarantee freedom
of expression, as well as the position of the courts in protecting that freedom
by invalidating any attempt by local ordinance to restrict particular uses
based upon their content. However, the Mayor and Council also recognize their
duty to protect the health, safety, welfare and morals of the residents and
the citizens of Seaside Heights and to establish reasonable and uniform regulations
providing for the licensing of adult-oriented establishments, including, but
not limited to, adult bookstores, adult minimotion-picture establishments,
adult motion-picture theaters and adult cabarets. The provisions of this chapter
have neither the purpose nor effect of imposing a limitation or restriction
on the content of any communicative materials, including sexually-oriented
materials. Additionally, it is neither the intent nor effect of this chapter
to restrict or deny access by adults to sexually-oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of sexually-oriented entertainment to their intended market.
For the purpose of this chapter, the following words and phrases shall
mean:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of
its stock-in-trade, for sale, rent, lease, inspection or viewing, books, films,
video cassettes, compact disks, magazines or other periodicals which are distinguished
or characterized by their emphasis on matters depicting, describing or relating
to specified sexual activities, sexual conduct or specified anatomical areas,
as defined below, and in conjunction therewith, having facilities for the
presentation of adult entertainment, as defined below, including adult-oriented
films, movies or live performances, for observation.
ADULT CABARET
A nightclub, bar, restaurant or other commercial establishment, whether
or not same is licensed to sell alcoholic beverages for on premises-consumption,
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 sexual conduct or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, compact disks, slides or other
photographic reproductions which are characterized by the depiction or description
of specified sexual activities, sexual conduct or specified anatomical areas.
ADULT ENTERTAINMENT
Any exhibition of any motion-picture, live performance, display or
dance of any type which has as its dominant theme, or is distinguished or
characterized by an emphasis on, any actual or simulated specified sexual
activities, sexual conduct or specified anatomical areas, as defined below,
or the removal of articles of clothing or appearing partially or totally nude.
Adult entertainment is distinguished from conventional entertainment by the
fact that access by minors to such entertainment is excluded by virtue of
age under the pornography statutes of the State of New Jersey.
ADULT MINIMOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons used
for presenting material having as its dominant theme, or distinguished or
characterized by an emphasis on, matters depicting, describing or relating
to specified sexual activities, sexual conduct or specified anatomical areas,
as defined below, for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used for
presenting material having as its dominant theme, or distinguished or characterized
by an emphasis on, matters depicting, describing or relating to specified
sexual activities, sexual conduct or specified anatomical areas, as defined
below, for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
Include, but is not limited to, adult bookstores, adult motion-picture
theaters, adult minimotion-picture theaters or adult cabarets, and further
means any premises to which public patrons or members are invited or admitted
and which are physically arranged so as to provide booths, cubicles, rooms,
compartments or stalls separate from the common areas of the premises for
the purpose of viewing adult-oriented material, or wherein an entertainer
provides adult entertainment to a member of the public, a patron or a member,
whether or not such adult entertainment is held, conducted, operated or maintained
for a profit, direct or indirect.
COUNCIL
The Borough Council of the Borough of Seaside Heights, New Jersey.
NUDITY or STATE OF NUDITY
The appearance, showing or exhibition of the male or female genitals
or vulva, pubic area, buttocks, anus, anal cleft or cleavage or female breast
below the top of the nipple.
OPERATOR
Any person, partnership or corporation operating, conducting, maintaining
or owning any adult-oriented establishment.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
SEMINUDE
A state of dress in which clothing or other devices or covering covers
no more than the genitals, pubic region or nipples of the female breast, as
well as portions of the body covered by supporting straps or devices.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals,
pubic areas or buttocks of the human male or female or the breasts of the
human female whether alone or between members of the same or opposite sex
or an act of apparent sexual stimulation or gratification.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region,
buttocks or female breasts below the point immediately above the nipple; or
B.
Human male genitals in a discernibly turgid state, even if opaquely
or completely covered.
SPECIFIED SEXUAL ACTIVITIES
The simulated or actual:
A.
Showing of human genitals in a state of sexual stimulation or arousal;
or
B.
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia,
sadomasochistic abuse, fellatio or cunnilingus; or
C.
Fondling or erotic touching of the human genitals, pubic regions, buttocks
or female breasts.
The Borough Council shall suspend a license for a period not to exceed
30 days if it determines that a licensee or an employee of a licensee has
violated the provisions of this chapter.
A licensee shall not transfer his license to another, nor shall a licensee
operate an adult-oriented establishment under the authority of a license at
any place other than the address designated in the application.
Any adult-oriented establishment having available for customers, patrons
or members any booth, room or cubicle for the private viewing of any adult
entertainment must comply with the following requirements:
A. Access. Each booth, room or cubicle shall be totally
accessible to and from aisles and public areas of the adult-oriented establishment
and shall be unobstructed by any door, lock or other control-type devices.
B. Construction. Every booth, room or cubicle shall meet
the following construction requirements:
(1) Each booth, room or cubicle shall be separated from adjacent
booths, rooms and cubicles and any nonpublic areas by a wall.
(2) Have at least one side totally open to a public lighted
aisle so that there is an unobstructed view at all times of anyone occupying
same.
(3) All walls shall be solid and without any openings, extended
from the floor to a height of not less than six feet and be light colored,
nonabsorbent, smooth textured and easily cleanable.
(4) The floor must be light colored, nonabsorbent, smooth
textured and easily cleanable.
(5) The lighting level of each booth, room or cubicle, when
not in use, shall be a minimum of 10 footcandles at all times, as measured
from the floor.
C. Occupants. Only one individual shall occupy a booth,
room or cubicle at any time. No occupant of same shall engage in any type
of sexual activity, cause any bodily discharge or litter while in the booth.
No individual shall damage or deface any portion of the booth.
Adult cabarets shall comply with the following additional regulations:
A. All dancing shall occur on a platform intended for that
purpose which is raised at least three feet from the level of the floor.
B. No dancing shall occur closer than 10 feet to any patron
or customer.
C. No dancer shall fondle or caress any patron, and no patron
shall fondle or caress any dancer.
D. No patron shall directly pay or give any gratuity to
any dancer, and no dancer shall solicit any pay or gratuity from any patron.