[HISTORY: Adopted by the Common Council of the City of Burlington
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-1-2009 by Ord. No. 15-2009]
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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:
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
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
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.
A hotel, motel, or similar commercial establishment that
offers accommodations to the public for any form of consideration
that:
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
Which has a sign visible from a public right-of-way that advertises
the availability of this type of photographic reproductions; and/or
Offers a sleeping room for rent for a period of time that is
less than 10 hours; and/or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
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.
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features:
A person who must apply for a license as required by this
article.
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.
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 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.
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.
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.
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.
A license issued to a person under this article to operate
a sexually oriented business.
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.
The Municipal Clerk of the City of Burlington.
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.
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.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
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.
Duly sworn law enforcement officers of this City, of the
State of New Jersey, or of any governmental entity having jurisdiction.
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.
A tract of land maintained by the federal, state, or local
government for the recreation and/or enjoyment of the public.
A single-family, duplex, townhouse, multiple-family, or mobile
home district.
A single-family, duplex, multiple-family, mobile home park,
mobile home subdivision, and/or campground used as a residence.
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.
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.
The same meaning as that term is defined in N.J.S.A. 2C:34-6c.
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.
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.
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.
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.
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.
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.
A.
The Common Council shall suspend a license for a period not to exceed
30 days if it determines that a licensee has:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
