Town of Clinton, NJ Chapter 29 Adult Bookstores and Massage Parlors

[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 3-23-1982 by Ord. No. 82-4. Amendments noted where applicable.]

§ 29-1 Purpose.

A. The purpose of this chapter is to control and regulate the distribution, sale, circulation and exposure of magazines, pictures, drawings, photographs and other publications devoted to the presentation and exploration of sexual acts, normal or perverted, lust, passion, depravity, nudity and 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.

§ 29-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

Any business or business operation which sells, distributes or otherwise conveys any obscene materials described in this section.

OBSCENE

Any description, narrative account, display or depiction of sexual activity or anatomical area, contained in or consisting of a picture or other representation, publication, sound recording, live performance or film which, by means of posing, composition, format or animated sensual details:

[Amended 5-25-1982 by Ord. No. 82-6]

A. Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals;

B. Lacks serious literary, artistic, political or scientific value, when taken as a whole; and

C. Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.

PERSON

Any individual, firm, corporation, partnership or any other type or form of business which may be conducted in this state.

§ 29-3 Prohibited operation or conduct.

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 of business where any physical contact with the recipient of such service is provided by a person of the opposite sex, thereby resulting in sexual conduct.

B. Use or occupy any building, structure or premises as an adult bookstore, as herein defined.

§ 29-4 Violations and penalties.

A. Any person, as defined above, who shall violate any of the prohibitions of § 29-3 shall, upon conviction, be subject to a fine not exceeding $500 or to imprisonment for a term not exceeding 90 days, or to both, for each and every offense.

B. A violation of § 29-3A 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.