The purpose of this article is to prohibit certain
acts of commercial exploitation of human sexuality in commercial establishments
within the Borough of Seaside Heights where alcoholic beverages are
served or offered for sale for consumption on the premises and to
reduce the likelihood of criminal activity, moral degradation and
disturbances of the peace and good order of the community which may
occur when such commercial exploitation is permitted in such places.
It is not the intent of the Borough Council to interfere with regulations
and rules adopted by the Division of Alcoholic Beverage Control of
the State of New Jersey, but rather the Borough Council has adopted
this article in order to be more strict than said regulations and
rules.
It is the determination of the Borough Council
of the Borough of Seaside Heights that there is an increasing exploitation
of human sexuality by owners, operators and licensees of commercial
establishments within the Borough of Seaside Heights where alcoholic
beverages are served or offered for sale or consumption on the premises.
Such exploitation takes place in the form of employing or permitting
persons to perform or exhibit their nude or seminude bodies to other
persons as an inducement to such other persons to purchase alcoholic
beverages. The direct result of such exploitations is criminal activity,
moral degradation and disturbances of the peace and good order of
the community. Additionally, commercial exploitation of such nude
and seminude acts is adverse to the public's interest in the quality
of life, tone of commerce and total community environment in the Borough
of Seaside Heights.
A.
It shall be unlawful for any owner, operator or licensee
of a commercial establishment located in the Borough of Seaside Heights
at which alcoholic beverages are served or offered for sale for consumption
on the premises:
(1)
To suffer or permit any female person, while on the
premises of said commercial establishment, to expose to the public
view with less than a full opaque covering that area of the human
breast at or below the top of the nipple.
(2)
To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in Subsection A(1).
(3)
To suffer or permit any person, while on the premises
of said commercial establishment to expose, exhibit or show to the
public view with less than a full opaque covering his or her genitals
or vulva, pubic area, buttocks, anus, anal cleft or cleavage.
(4)
To suffer or permit any person, while on the premises
of said commercial establishment, to employ any device or covering
which is intended to give the appearance of or simulate his or her
genitals or vulva, pubic area, buttocks, anus, anal cleft or cleavage.
(5)
To suffer or permit the depiction or showing of the
covered male genitals in a discernibly turgid state.
B.
It shall be unlawful for any female person while on
the premises of a commercial establishment located within the Borough
of Seaside Heights at which alcoholic beverages are served or offered
for sale for consumption on the premises to expose to the public view
with less than a full opaque covering that area of the human breast
at or below the top of the nipple, or to employ any device or covering
witch is intended to give the appearance of or simulate such area
of the human female breast as described herein.
C.
It shall be unlawful for any person while on the premises
of a commercial establishment located within the Borough of Seaside
Heights at which alcoholic beverages are served or offered for sale
for consumption on the premises to expose to the public view with
less than a full opaque covering his or her genitals or vulva, pubic
area, buttocks, anus, anal cleft or cleavage or to employ any device
or covering which is intended to give the appearance of or simulate
his or her genitals or vulva, pubic area, buttocks, anus, anal cleft
or cleavage.
D.
It shall be unlawful for any person while on the premises
of a commercial establishment located within the Borough of Seaside
Heights at which alcoholic beverages are served or offered for sale
for consumption on the premises to depict or show in the public view
the covered male genitals in a discernibly turgid state or to employ
any device or covering which is intended to give the appearance of
or simulate the covered male genitals in a discernibly turgid state.
[Amended 3-2-2005 by Ord. No. 05-08]
A.
Any person violating and failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine on no less than $100 and no more than $1,250,
by imprisonment not exceed 90 days or by community service of not
more than 90 days or any combination of fine, imprisonment and community
service, as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
If any owner, operator or licensee is found in violation
of the provisions of this article, the alcoholic beverage license
shall be subject to suspension or revocation in accordance with the
applicable provisions of the New Jersey Alcoholic Beverage Control
Act and this article.
C.
The violation of any provision of this article shall
be subject to abatement summarily by restraining order or injunction
issued by a court of competent jurisdiction.
