Township of Burlington, NJ Adult Live Entertainment

Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or

SPECIFIED SEXUAL ACTIVITY

Human male genitals in a discernibly turgid state, even if covered.

Human genitals in a state of sexual stimulation or arousal;

Any act of human masturbation, sexual intercourse or deviate sexual intercourse; or

Fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast.

The conduct described previously in this section for which an adult live entertainment license is required shall constitute "adult live entertainment" for the purposes of this article.

§ 100-11 Application for license; investigation; approval or denial.

Any person desiring to obtain an adult live entertainment license shall make application therefor to the Township Council on a form to be provided by the Office of the Township Clerk. Such application form shall contain the following information:

Name, residence and age of person making application and title, if appropriate.

Whether applicant is an individual, partnership, corporation or other entity.

If a partnership, the names of all persons having an interest in the partnership, their addresses and ages.

(4)

If a corporation, the names, addresses and ages of all of the principal officers, directors and managers.

(5)

If a corporation, the name of each shareholder, together with the total number of shares held by each and the total number of outstanding shares.

(6)

Whether any persons named in answers to Subsections A(1) through (5) above have had any previous experience with adult live entertainment and the nature of the previous experience.

(7)

Whether any person named in answers to Subsections A(1) through (5) above was ever convicted of violating any law relating to obscenity.

(8)

The nature of the adult live entertainment for which a license is sought, setting forth the number of entertainers who will perform on the premises at any one given time, the nature of the room or other place in which the entertainment will take place and its location on the premises, and the seating arrangements, if any.

Said application shall be signed and verified by the applicant before an officer authorized to administer oaths.

Said application shall be referred to the Director of Public Safety and Construction Official of the Township for proper investigation of the applicant and the premises. Within 30 days after receipt of the completed application, the Director of Public Safety and Construction Official shall report the results of their investigation to the Township Council.

[Amended 10-27-2009 by Ord. No. 09-OR-024]

The Township Council shall grant the license for the specific premises requested unless, based upon the investigation reports received or other evidence presented to the Council, it shall appear that:

The applicant or any partner, if the applicant is a partnership, or any person owning more than 10% of the shares, if the applicant is a corporation, is not of good moral character or does not have business responsibilities.

The premises for which the license is sought does not comply with relevant Township ordinances and all other laws and regulations of the State of New Jersey.

In the event the applicant is denied a license, the applicant shall be entitled to request a hearing before the Township Council, and at such hearing, if the applicant establishes to the satisfaction of the Council that the requisites for the issuance of a license have been met, the Township Council shall grant the applicant a license.

§ 100-12 License fees; term; expiration; renewal; nontransferable.

The fee for each adult live entertainment license shall be $100, payable upon submission of the application. In the event that an application is denied, $50 shall be refunded to the applicant.

All licenses issued between the first day of January and the 30th day of June, inclusive, of any year, shall expire on the 31st day of December of the same year, and all licenses issued between the first day of July and the 31st day of December, inclusive, of any year shall expire on the 30th day of June of the succeeding year.

The fee for a renewal of a license shall be $75, payable upon application for renewal. Procedure for renewal shall be the same as for the initial license, and should renewal be denied, $35 of the renewal fee shall be refunded to the applicant.

A license shall not be transferable to any other person, entity or to any other premises.

§ 100-13 Prohibited activities on licensed premises.

No license shall permit any adult live entertainment, as herein defined, to be performed on any licensed premises by any person under 18 years of age nor shall a licensee permit any person under 18 years of age to observe any adult live entertainment.

No licensee shall permit any adult live entertainment performance which is obscene under the definition of "obscene material" set forth in N.J.S.A. 2C:34-2.

No licensee shall permit any person to perform any adult live entertainment, as defined herein, unless such person has a valid adult live entertainer's license issued by the Township.

No licensee shall permit any physical contact between any adult live entertainer and any persons observing said entertainment.

No licensee shall permit any refreshments to be served or alcoholic beverages to be served or consumed during any adult live entertainment performance.

No licensee shall permit any disorderly conduct during any adult live performance.

§ 100-14 Suspension or revocation of license.

Township Council may suspend or revoke any adult live entertainment license for violations of § 100-13 of this article or in the event that it is established that the license was obtained by fraudulent or materially false representations of fact.

Notice of intention to suspend or revoke such license shall be served upon the licensee of such premises by certified mail. The notice shall include or have attached thereto a statement of the facts upon which the violation is charged. The licensee shall be entitled to a hearing before the Township Council within 60 days. Whenever any license shall be suspended or revoked, no refund of any unearned portion of the fee shall be made, and at least six months from the time of such suspension or revocation shall elapse before another license shall be issued for the same premises. If the license of any premises be twice suspended or revoked within a period of one year, a new license shall not be issued to such place for a period of at least one year from the date of the second suspension or revocation.

§ 100-15 Adult live entertainer's license; application; fees; regulations.

No person shall perform or engage in any adult live entertainment, as defined in § 100-10 of this article, without having first obtained an adult live entertainment license from the Township Council. No such license shall be issued to any person not 18 years of age.

Application forms for an adult live entertainer's license shall be obtained from the Office of the Township Clerk and shall contain the following information:

Name, address, age and birth date.

Prior experience or involvement in the adult live entertainment field, including previous places of employment and length of employment, if any.

Whether applicant was ever convicted of violating any law relating to obscenity.

(4)

Two photographs to be supplied by the applicant.

(5)

Fingerprints of the applicant.

The application shall be signed and verified by the applicant before an officer authorized to administer oaths.

The application shall be referred to the Director of Public Safety for investigation, and he shall report within 30 days the results of his investigation to the Township Council.

[Amended 10-27-2009 by Ord. No. 09-OR-024]

The Township Council shall not grant the license if it appears from the report of the investigation or other evidence presented to the Council that there is high likelihood, based upon the applicant's background, that the applicant will not abide by the provisions of Subsection J of this section or that the applicant does not have the requisite moral character.

Any person denied a license by the Council shall be entitled to a hearing, and if Council determines, based upon evidence presented by the applicant, that there is no high likelihood of the applicant not abiding by the provisions of Subsection J of this section and that the applicant is of good moral character, the license shall be granted by Council after said hearing.

The fee for each adult live entertainer's license shall be $100, payable upon submission of the application, and in the event that an application is denied, $50 shall be refunded to the applicant.

All licenses issued between the first day of January and the 30th day of June, inclusive, of any year shall expire on the 31st day of December of the same year, and all licenses issued between the first day of July and the 31st day of December, inclusive, of any year shall expire on the 30th day of June of the succeeding year.

All adult live entertainers' licenses shall be renewed annually upon submission of an application and payment of the renewal fee utilizing the same procedure set forth for the initial issuance of the license. The renewal fee shall be $50, of which $25 shall be refundable in the event renewal is denied.

Such license shall not be transferable to any other person.

The following conduct by any licensee is hereby prohibited:

No licensee shall, during any adult live entertainment performance, physically come in contact with any member of the audience or any persons observing said performance.

No licensee shall give any performance which contains "obscene material," as that term is defined in N.J.S.A. 2C:34-2, nor shall any licensee engage in any disorderly, illegal or criminal conduct during any performance.