City of Burlington, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 76.
Uniform construction codes — See Ch. 125.
Fee Schedule — See Ch. 146.
Fire prevention — See Ch. 162.
Land development — See Ch. 207.
Obscene material display — See Ch. 241.
Signs — See Ch. 285.
[Adopted 9-1-2009 by Ord. No. 15-2009]

§ 66-1 Purpose.

A. 
The purpose and intent of this article is to license and regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the City of Burlington, as well as the patrons of such businesses, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the City of Burlington.
B. 
The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative material or speech activity, including sexually oriented materials or expressive speech activity.
C. 
The provisions of this article have neither the purpose nor effect of restricting or denying access by adults to sexually oriented materials or activity protected by the First Amendment, nor of denying access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
D. 
It is not the purpose and intent of this article to sanction any act or omission that constitutes a violation of any other provision of the Burlington City Code.

§ 66-2 Definitions.

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 or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at one time where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE and/or ADULT VIDEO STORE
A commercial establishment that has as one of its principal business purposes to offer for sale or rental for any form of consideration any one or more of the following:
A. 
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; and/or
B. 
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT
A nightclub, bar, massage or similar establishment, restaurant, or similar place of business or portion thereof which features: persons who appear in a state of nudity or seminude state; or live performances characterized by the exposure of specified anatomical areas or by specified sexual activities; or films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel, or similar commercial establishment that offers accommodations to the public for any form of consideration that:
A. 
Provides patrons with closed-circuit television, transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas; and/or
B. 
Which has a sign visible from a public right-of-way that advertises the availability of this type of photographic reproductions; and/or
C. 
Offers a sleeping room for rent for a period of time that is less than 10 hours; and/or
D. 
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, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment that regularly features:
A. 
Persons who appear in a state of nudity or semi-nudity; and/or
B. 
Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
APPLICANT
A person who must apply for a license as required by this article.
CHILD-CARE FACILITY
A building used as a day nursery, children's boarding home, child placing agency, or other place for the care or custody of children under 15 years of age.
CHURCH or PLACE OF RELIGIOUS WORSHIP
A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
A. 
To locate an item in such a manner that, without obtaining assistance from an employee of the business establishment, it is available to the public for handling.
B. 
Includes when the cover or outside packaging on the item is visible to members of the public.
ESCORT
A person who, for consideration, agrees, offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A business association which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
ESTABLISHMENT
Includes any of the following: the opening or commencement of any sexually oriented business as a new business; the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; the addition of any sexually oriented business to any other existing sexually oriented business; and/or the relocation of any sexually oriented business.
HOUSE OF PROSTITUTION
Any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management, or supervision of another as defined under N.J.S.A. 2C:34-1.
LICENSE
A license issued to a person under this article to operate a sexually oriented business.
LICENSEE
The person or entity in whose name a license to operate a sexually oriented business under this article has been issued and, in the case of an entity, shall include all persons holding a ten-percent or greater interest in the entity applying for the license and/or operating the sexually oriented business.
MUNICIPAL CLERK
The Municipal Clerk of the City of Burlington.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or seminudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
NUDITY, SEMINUDE OR A STATE OF NUDITY
The appearance of bare human buttocks, anus, male genitals, female genitals, pubic region or female breasts, or a state of dress that fails to opaquely cover human buttocks, anus, male genitals, female genitals, pubic region, or areolas of the female breast.
PERSON
An individual, proprietorship, partnership, corporation, association, or other legal entity.
PLACE OF BUSINESS
Includes any store, house, shop, tavern, bar, massage or similar establishment, restaurant, pool hall, bowling alley, amusement parlor, ice skating rink, theater, or premises wherein merchandise, food or drink is sold, or any combination or group of the foregoing, in which business is maintained within one building or structure open to the public.
POLICE
Duly sworn law enforcement officers of this City, of the State of New Jersey, or of any governmental entity having jurisdiction.
PROSTITUTION
Sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer made within view of a public place to engage in sexual activity in exchange for something of economic value.
PUBLIC PARK
A tract of land maintained by the federal, state, or local government for the recreation and/or enjoyment of the public.
RESIDENTIAL DISTRICT
A single-family, duplex, townhouse, multiple-family, or mobile home district.
RESIDENTIAL USE
A single-family, duplex, multiple-family, mobile home park, mobile home subdivision, and/or campground used as a residence.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration, massage, wrestling, tumbling and/or sexual activities when one or more of the persons are nude or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, or adult video store, adult entertainment establishment, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, and/or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The same meaning as that term is defined in N.J.S.A. 2C:34-6c.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the acts listed as sexual activity in N.J.S.A. 2C:34-6d and includes, without limitation, sexual intercourse, including genital-genital, oral-genital, anal-genital, and/or oral-anal conduct, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse; and/or other deviant sexual relations.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following: the sale, lease, or sublease of the business as a whole; the transfer of securities in a corporation or membership interests in an LLC or partnership that constitute more than a ten-percent interest in the business, whether by sale, exchange, or similar means; and/or the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.

§ 66-3 General regulations.

A. 
License displayed. The license when issued shall be posted and conspicuously displayed at or near the entrance to the sexually oriented business so that it may be easily read at any time. The license shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business.
B. 
Trash. All trash, refuse, articles, or any matter arising from sexually oriented materials to be disposed of shall be shredded, cut, or rendered in such a fashion so that the remains are not readable, legible, or discernible.
C. 
Signs. The sign requirements for any sexually oriented business shall be the same as the sign requirements for other businesses located in said zone and in no event shall be more restrictive than for any such business allowed in such zone except as set forth herein.
(1) 
No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors.
(2) 
Identification signs shall be no more then 40 square feet in size. Said identification sign shall be wall mounted. The sign shall be limited to lettering indicating the name and address of the facility only. Said sign shall be applied flat against the wall and shall not project beyond the side or top of the wall to which it is affixed, nor shall any signs described herein project more than 14 inches from the front of the wall to which they are attached. All flashing, moving, intermittently moving and/or illuminated signs, reflecting signs, luminous signs, and/or advertising devices shall be prohibited; however, backlighting of the principal sign may be permitted. No temporary signs made of paper, cardboard, canvas or other similar materials, banners, etc., are permitted. No signs or billboards shall be placed on the roof of any building housing or used as an accessory building to any sexually oriented business. No off-premises signs of any kind shall be permitted. The provisions of this subsection shall not apply to any sign which has been lawfully erected at a sexually oriented business prior to the effective date of N.J.S.A. 2C:34-7.
(3) 
Signs regarding display of sexually explicit material to minors. A person commits an offense if, in a sexually oriented business establishment open to persons under the age of 18 years, he or she permits obscene material to be displayed or disseminated to persons under the age of 18 years pursuant to N.J.S.A. 2C:34-3 et seq. "Display or permit to be displayed" means at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed. Pursuant to N.J.S.A. 2C:34-3.2, public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
D. 
Licenses not transferable. The license to operate a sexually oriented business shall not be transferable from person to person or from place to place. Any transfer of ownership or control of a sexually oriented business licensed under this article shall result in the automatic termination of its existing license and shall trigger an obligation on the part of the sexually oriented business to apply for a new license under this article; provided, however, that:
(1) 
In the event of a transfer in the ownership or control of a sexually oriented business due to the death of any of the persons owning or controlling the sexually oriented business, the sexually oriented business may continue to operate under its old license for a period of up to 60 days from the date of the death of the person holding an ownership or controlling interest in the sexually oriented business, but must obtain a new license under this article by the expiration of that sixty-day period; and
(2) 
In the event of a transfer in the ownership or control of a sexually oriented business for any reason other than the death of any of the persons owning or controlling the sexually oriented business, the prospective purchaser of an ownership or controlling interest in the sexually oriented business may apply for the license prior to acquiring such interest in order to avoid the closure of the sexually oriented business while the licensure application is pending.
E. 
Other licenses. The fact that a person possesses any other valid license required by law does not exempt him from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses an alcoholic beverage license shall comply with the requirements and provisions of this article as well as the requirements and provisions of the laws concerning any other licenses.
F. 
Interior layout requirements.
(1) 
The interior of all sexually oriented businesses shall be configured in such a manner such that all patrons present within a sexually oriented business are capable of being monitored by at least one employee of the sexually oriented business and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this article. It shall be the duty of the owners and/or operator, and it shall also be the duty of any agents and/or employees present in the premises, to monitor patrons of the sexually oriented business to ensure that patrons do not gain access to any area of the premises which has been designated as an area in which patrons will not be permitted and to ensure that patrons do not engage in any activities which violate applicable law or the provisions of this article.
(2) 
Rest rooms may not contain video reproduction equipment or otherwise serve as viewing areas for patrons.
(3) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access. It shall be the duty of the owners and/or operator, and it shall also be the duty of any agents and/or employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(4) 
For the prevention of the spread of sexually transmitted disease, no walls, partitions between subdivisions of a room, portion, or part of a building, structure, or premises may have an aperture that permits, or is designed or otherwise constructed to encourage or permit sexual activity between persons on either side of the partition.
(5) 
All booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or other forms of entertainment shall:
(a) 
Have at least one side open to an adjacent public space or shall have the bottom 14 inches removed from any door between the booths, stalls, partitioned portions of a room, or individual rooms and the public space;
(b) 
Shall be monitored by at least one employee either physically present outside the room or through the use of a security camera to confirm that no specified sexual activities are occurring within such booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or other forms of entertainment; and
(c) 
Shall be illuminated in such a manner that the area inside is visible to a person with ordinary vision in the adjacent public space. Such lighting need not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment. Notwithstanding the foregoing, translucent doors or curtains or such other doors or curtains which provide patrons with a modicum of privacy, but also permit the monitoring employee or any other person present in the adjacent public space to observe inside the room to confirm that no specified sexual activities are occurring, may be installed.
G. 
Compliance with codes. All buildings used by a sexually oriented business or as an accessory use with sexually oriented businesses shall meet all applicable safety standards of the City of Burlington and the State of New Jersey, including but not limited to the Uniform Construction Code, and all property maintenance ordinances and codes adopted and/or currently in effect in the City of Burlington; provided, however, that noncompliance with this section shall not be a basis for the suspension of a license unless the licensee has been provided with written notice of such noncompliance and a right to cure and has failed to cure such noncompliance within 30 days of its receipt of the written notice.

§ 66-4 Application for license.

A. 
All sexually oriented businesses are required to be licensed in order to operate within the City of Burlington. All licenses for the operation of a sexually oriented business shall be granted by the Common Council and issued by the City of Burlington Clerk. An application for a sexually oriented business license must be made on a form provided by the Municipal Clerk.
B. 
All employees of a sexually oriented business are required to be listed on the application form, delineating each person's age and social security number. All employees must be at least 18 years of age. No person may work for any sexually oriented business without having on his or her person, at all times while at work, an appropriate identification card establishing his or her age satisfactorily to the City of Burlington.
C. 
The annual fee for a sexually oriented business license, as set forth in Chapter 146, Fee Schedule, shall be submitted with the application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business.
E. 
If the person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is a partnership, the partners' names must be listed on the application. If the applicant is a corporation, limited liability company, limited partnership or any other business entity requiring registration with the State of New Jersey under applicable law, the name of the corporation or other business entity and the name and address of the registered agent, the names of each shareholder, member or other owner of the corporation holding at least a ten-percent interest in the equity of such entity, and the name and address of the person or persons who are or will be primarily responsible for the management and/or operation of the sexually oriented business must be listed on the application.

§ 66-5 Issuance and/or renewal of license.

A. 
The license shall be issued, renewed, and/or reissued annually effective January 1 of each year after payment of the required fees and submission of the application form to the Municipal Clerk and shall expire on December 31 of the year of issuance; provided, however, that the transfer of an ownership or controlling interest in a sexually oriented business shall result in the automatic termination of its existing license and shall trigger an obligation on the part of the sexually oriented business to apply for a new license as set forth within § 66-4 of this article. Upon receipt of payment of the required fees and submission of the completed application form, the Municipal Clerk shall forward copies of all documentation to each member of Common Council for review.
B. 
Approval; denial.
(1) 
A license shall be deemed approved, issued and/or renewed by Common Council, and the Municipal Clerk shall issue same on the 35th day after the complete application is received by the Clerk, or such longer time as may be mutually agreed upon between the City and the applicant, unless the Common Council reports that it finds one or more of the following to be true:
(a) 
The application is materially incomplete or the license fee required by this article has not been paid.
(b) 
Any applicant or employee is less than 18 years of age.
(c) 
An applicant is overdue in payment of fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business, unless the applicant is challenging the imposition of such fees, fines, or penalties through an administrative or judicial proceeding.
(d) 
An applicant has failed to provide information reasonably necessary for issuance of the license.
(e) 
An applicant has falsely answered a material question or request for information on the application form.
(f) 
An applicant and/or any owner or officer of the applicant and/or any of the individuals identified as a person responsible for the management or operation of the business has been convicted of a violation of a provision of this article within two years immediately preceding the application.
(g) 
The premises to be used for the sexually oriented business have been inspected by the police, Zoning Officer and/or the Building/Construction Code Inspector and have been found to be noncompliant with the requirements of this article and/or with any other applicable laws, ordinances and/or regulations, and the applicant has failed to cure such noncompliance within 30 days of its receipt of written notification thereof; provided, however, that if an applicant's license is due to expire during the thirty-day period of time allotted for an applicant to cure noncompliance with the requirements of this article and/or with any other applicable laws, ordinances and/or regulations, the applicant's license shall be automatically extended for the length of the cure period and until such time thereafter that the Common Council rules upon the applicant's license application. Nothing herein shall prevent an applicant from curing any noncompliance with the provisions of this article and/or with any other applicable laws, ordinances and/or regulations at a later date and from then filing a new application for a license under this article.
(h) 
The premises have been inspected by the Fire Subcode Official and/or the County Fire Marshal and have been found to be noncompliant with applicable fire prevention and/or fire safety standards and the applicant has failed to cure such noncompliance within 30 days of its receipt of written notification thereof; provided, however, that if an applicant's license is due to expire during the thirty-day period of time allotted for an applicant to cure noncompliance with the requirements of this article and/or with any other applicable laws, ordinances and/or regulations, the applicant's license shall be automatically extended for the length of the cure period and until such time thereafter that the Common Council rules upon the applicant's license application. Nothing herein shall prevent an applicant from curing any noncompliance with the provisions of this article and/or with any other applicable laws, ordinances and/or regulations at a later date and from then filing a new application for a license under this article.
(i) 
An applicant and/or any owner or officer of the applicant and/or any of the individuals identified as a person responsible for the management or operation of the business has been convicted of any of the following offenses as described in N.J.S.A. 2C:34-1 and/or 2C:34-2: prostitution; promotion of prostitution; aggravated promotion of prostitution; compelling prostitution; obscenity; sale, distribution, or display of harmful material to minor; sexual performance by a child; possession of child pornography; and/or criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.
(2) 
In all such cases, the Common Council shall notify the Municipal Clerk that the application has been denied, and the Municipal Clerk shall so advise the applicant in writing.
C. 
All applications for renewal of a sexually oriented business license shall be filed with the Municipal Clerk not less than 60 days nor more than 90 days prior to the expiration of the licensee's current license.

§ 66-6 Suspension of license.

A. 
The Common Council shall suspend a license for a period not to exceed 30 days if it determines that a licensee has:
(1) 
Failed to comply with any portion of this article; and/or
(2) 
Knowingly permitted the rules and regulations of the New Jersey Division of Alcoholic Beverage Control to be violated while on the sexually oriented business; and/or
(3) 
Refused to allow an inspection of the sexually oriented business premises as authorized by § 66-9 of this article.
B. 
The Common Council shall have the power to suspend or revoke any license if and when the licensee:
(1) 
Is convicted of any of the following offenses as described in N.J.S.A. 2C:34-1 and/or 2C:34-2: prostitution; promotion of prostitution; aggravated promotion of prostitution; compelling prostitution; obscenity; sale, distribution, or display of harmful material to minor; sexual performance by a child; possession of child pornography; and/or criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(2) 
When the licensee violates any other ordinance, law, or regulation pertaining to the operation of a sexually oriented business, or violates the provisions of this article, and has been provided with written notice thereof and a right to cure and has failed to cure such violation within 30 days of its receipt of such written notice.
C. 
Upon expiration of the period of suspension under this section, operation of the sexually oriented business may resume without the necessity of obtaining additional approval of the Common Council.

§ 66-7 Revocation of license.

A. 
Common Council shall revoke a license if it determines that:
(1) 
Cause for suspension continues to exist for more than 30 days from the license suspension date without remediation of the cause of suspension; and/or
(2) 
A licensee gave materially false or misleading information in the documents submitted to the Common Council during the application process; and/or
(3) 
A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises of the sexually oriented business; and/or
(4) 
A licensee has knowingly allowed prostitution on the premises of the sexually oriented business; and/or
(5) 
A licensee has knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended; and/or
(6) 
A licensee has been convicted of an offense listed in § 66-5B(9) of this article, and the licensee convicted of such offense has not divested himself of an ownership or controlling interest in the sexually oriented business within 60 days of such conviction; and/or
(7) 
An employee or agent of the licensee has been convicted of an offense listed in § 66-5B(9) of this article, and the licensee has not terminated the employment of such employee or agent within 60 days of the date that the licensee is notified of such conviction; and/or
(8) 
A licensee or an employee or agent thereof has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual activity to occur in or on the licensed premises. This subsection does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
B. 
The fact that a conviction of an offense listed in § 66-5B(9) of this article is being appealed shall have no effect on the revocation of the license.

§ 66-8 Notices.

A. 
If Common Council shall have reason to believe that there are grounds upon which to deny an application for a license or to suspend or revoke any such license, it shall cause a notice to be served, in writing, upon the licensee, the person in charge of the licensed premises, or the agent thereof, requiring an appearance before Common Council of the City of Burlington at such time and/or place as it shall designate to show cause why the license should not be suspended or revoked.
B. 
The licensee shall be afforded a hearing before the Common Council prior to the suspension or revocation of his license.
C. 
Notice of the hearing is to be served at least 10 days prior to the date set for a hearing.
D. 
Service by regular and certified mail upon the address listed in the application shall be deemed valid and received as of three days from the date indicated thereon.
E. 
Violations of any provision of this article are also subject to the jurisdiction of the City of Burlington Municipal Court and/or all other such courts and tribunals that may assert jurisdiction.

§ 66-9 Inspection.

A. 
An applicant or licensee shall permit representatives of the City of Burlington's Zoning Department, Code Enforcement Department, Building/Construction Department, Police Department and/or Fire Department to inspect the premises of a sexually oriented business solely to ensure compliance with this article at any time it is open for business; provided, however, that such representatives shall not inspect dressing rooms or bathrooms in the sexually oriented business unless such dressing rooms or bathrooms are unoccupied or unless there is probable cause under applicable New Jersey law for the inspection of occupied dressing rooms or bathrooms.
B. 
A person who operates a sexually oriented business or his or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of the premises in accordance with this section at any time it is occupied or open for business.
C. 
The provisions of this section do not apply to areas of an adult motel that are currently being rented by a customer for use as a permanent or temporary habitation.

§ 66-10 Location of sexually oriented businesses.

A. 
A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 1,000 feet of: 1) a church or place of religious worship; 2) a public or private elementary or secondary school; 3) a child-care facility; 4) a public park; and/or 5) another sexually oriented business.
(1) 
For the purposes of this article, 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 church or place of religious worship, child-care facility or public or private elementary or secondary school or other sexually oriented business, or to the nearest boundary of an affected public park, residential district, or residential lot.
(2) 
Any sexually oriented business lawfully operating on the effective date of this article that would otherwise be in violation of this article shall be deemed to be a nonconforming use and shall be permitted to continue unless the nonconforming use is abandoned, destroyed, or expanded (as such terms are interpreted by applicable New Jersey law).
(3) 
Any sexually oriented business that is lawfully operating at a particular site prior to the location of a church or place of religious worship, a public or private elementary or secondary school, a child-care facility, a public park, or another sexually oriented business within 1,000 feet of that site may continue to operate at that site so long as it is licensed under this article to do so; provided, however, that if the licensed sexually oriented business is abandoned, destroyed, or expanded (as such terms are interpreted by applicable New Jersey law), then it will be treated as a nonconforming use and shall not be entitled to further licensure at that location.
B. 
The Zoning Officer must approve or disapprove all location requirements of this article within 30 days from the time that the application is filed.
C. 
Buffer zone. Every sexually oriented business shall have a buffer zone as set forth by the Land Use Board of the City of Burlington at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. This subsection shall not apply to any sexually oriented business lawfully operating as of the date of the date of the adoption of this article.
D. 
Parking. Parking shall be provided pursuant to Chapter 207, Land Development, of the Code of the City of Burlington and/or at a minimum shall have one parking space for each seat located in any sexually oriented business, plus one parking space for each employee working at any one time therein. Further, any sexually oriented business shall be required to provide all handicap parking spaces as required by law. All of the requirements of Chapter 207, Land Development, regarding parking shall be applicable as the same are applicable in the zone where any said sexually oriented business will be located. This subsection shall not apply to any sexually oriented business lawfully operating as of the date of the adoption of this article.
E. 
Off-site improvements. All off-site improvements such as curbs, gutters, sidewalks, driveways and/or streets shall be as provided in Chapter 207, Land Development, and/or other ordinances governing the City of Burlington.
F. 
Bulk requirements. The bulk requirements for any sexually oriented business shall be the same as bulk requirements for businesses of a similar nature located in said zone and in no event shall be more restrictive than the most restrictive setbacks for any such businesses allowed in said zones, including minimum site size, lot coverage, building height, front yard setback, side yard setback and/or rear yard setbacks.

§ 66-11 Escort agencies.

A. 
An escort agency shall not employ any person under the age of 18 years.
B. 
A person commits an offense if he or she acts or agrees to act as an escort for any person under the age of 18 years.

§ 66-12 Nude model studios.

A. 
A nude model studio shall not employ any person under the age of 18 years.
B. 
A person under the age of 18 years commits an offense if he or she appears in a state of nudity or seminudity in or on the premises of a nude model studio.
C. 
A person commits an offense if he or she appears in a state of nudity or seminudity or knowingly allows another to appear in a state of nudity or seminudity in an area of a nude model studio premises that can be viewed from the public right-of-way.
D. 
A nude model studio shall not place or permit a bed, sofa, or mattress in any room of the premises, except that a sofa may be placed in a reception room open to the public.

§ 66-13 Adult theaters and/or adult motion-picture theaters.

A. 
A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in or on the premises of an adult theater or adult motion-picture theater.
B. 
A person under the age of 18 years commits an offense if he or she knowingly appears in or on the premises of an adult theater or adult motion-picture theater.

§ 66-14 Adult motels.

A. 
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and/or vacated two or more times in a period that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as defined in this article.
B. 
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he or she rents or subrents the same sleeping room within 10 hours from the time the room was first rented. For purposes of this section, "rent and/or subrent" means the act of permitting a room to be occupied for any form of consideration.

§ 66-15 Businesses offering massages and similar sexual encounter centers.

A. 
Any business that offers a massage to any person is presumptively a sexual encounter center and/or sexually oriented business governed by this article, unless the business rebuts the presumption by presenting to Common Council proof that the establishment is operated in accordance with the "Massage, Bodywork and Somatic Therapist Certification Act," N.J.S.A. 45:11-53 et seq., or is otherwise authorized by statute.
B. 
Any person who knowingly conducts or maintains any premises, place, massage parlor, sexual encounter center, and/or resort as a house of prostitution, and/or as a place where obscene material, as defined in N.J.S.A. 2C:34-2 and N.J.S.A. 2C:34-3, is sold, photographed, manufactured, exhibited, or otherwise prepared or shown, in violation of N.J.S.A. 2C:34-2, 2C:34-3 and 2C:34-4 shall be in violation of this article.
C. 
A massage or similar establishment shall not employ any person under the age of 18 years.
D. 
A person commits an offense if he or she performs or offers to perform a massage for any person under the age of 18 years unless the establishment is duly licensed by the State of New Jersey for such purposes.

§ 66-16 Violations and penalties.

A. 
For a violation of any provision of this article, the maximum penalty, upon conviction, shall be a fine not exceeding the amount authorized in N.J.S.A. 40:49-5, imprisonment for a term not exceeding the term authorized in N.J.S.A. 40:49-5, and/or a period of community service not exceeding the period authorized in N.J.S.A. 40:49-5, or such combination of punishments as the judge may, in his or her discretion, deem appropriate and/or just.
B. 
Separate violations. Each day in which a violation of any provision of this article occurs or exists shall constitute a separate violation of this article. Each violation of this article that can be deemed severable from any other violation shall be deemed a separate violation.
C. 
Any Building Code or Zoning Officer and/or any law enforcement officers of the City of Burlington and/or State of New Jersey shall enforce this article.

§ 66-17 When effective.

This article shall take effect immediately upon final passage and/or publication as provided by law, and/or the approval of the State of New Jersey, Division of Alcoholic Beverage Control, where applicable.