The purpose and intent of this chapter is to license and regulate sexually
oriented businesses to promote the health, safety and general welfare of the
citizens of the Township of Delran, 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 Township. The provisions of this
chapter 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. Similarly, it is
not the intent nor effect of this chapter to restrict or deny access by adults
to sexually oriented materials or activities protected by the First Amendment
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market.
As used in this chapter, the following words 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 any one time and where
the images so displayed are distinguished or characterized by the depicting
or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which, as one of its principal business
purposes, offers 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; or
B.
Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT
A nightclub, bar, restaurant or similar place of business or portion
thereof which features:
A.
Persons who appear in a state of nudity or seminude state;
B.
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television, transmissions, film, motion pictures,
video cassettes, slides or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas; and has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic reproductions;
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
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 and 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
which regularly features persons who appear in a state of nudity or live performances
which are characterized by the exposure of specified anatomical areas or by
specified sexual activities.
APPLICANT
A person who must apply for a license under this chapter.
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.
ESCORT
A person who, for consideration, agrees or 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:
A.
The opening or commencement of any sexually oriented business as a new
business;
B.
The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
C.
The addition of any sexually oriented business to any other existing
sexually oriented business;
D.
The relocation of any sexually oriented business; or
E.
A location and place of business.
LICENSEE
A person in whose name a license to operate a sexually oriented business
has been issued, as well as the individual listed as an applicant on the application
for a license or a person licensed under this chapter.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or 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 or a STATE OF NUDITY
A.
The appearance of a human bare buttocks, anus, male genitals, female
genitals, pubic region or female breasts; or
B.
A state of dress which fails to opaquely cover a human buttocks, anus,
male genitals, female genitals, pubic region or areola of the female breast.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
PLACE OF BUSINESS
Includes any store, shop, tavern, bar, 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, which
business is maintained within one building or structure open to the public.
POLICE
Duly sworn law enforcement officers of the State of New Jersey or
his or her designated agent.
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 a local government
for the recreation and enjoyment of the general public.
RESIDENTIAL USE
A single-family, duplex, multiple-family or mobile home park, mobile
home subdivision and campground used as a residence.
SEMINUDE
A state of dress in which clothing covers no more than the genitals,
pubic region and areola of the female breast, as well as portions of the body
covered by supporting straps or devices.
SEXUAL ACTIVITY
Includes but is not limited to sexual intercourse, including genital-genital,
oral-genital, anal-genital and 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 other deviate sexual
relations.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
B.
Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, a bookstore or adult video store, adult entertainment
establishment, adult motel, adult motion-picture theater, adult theater, escort
agency, nude model studio or sexual encounter center.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitutes a controlling interest
in the business, whether by sale, exchange or similar means; or
C.
The establishment of a trust, gift or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of the law upon the death of the person possessing
the ownership or control.
Sexually oriented businesses are classified as follows:
B. Adult bookstores or adult video stores.
C. Adult entertainment establishments of the Township.
E. Adult motion-picture theaters.
I. Sexual encounter centers.
The annual fee for a sexually oriented business shall be as set forth in §
150-3A, to be submitted with the application.
If the Township Council denies the issuance of a license or suspends
or revokes a license, the Municipal Clerk shall send to the applicant or licensee,
by certified mail, return receipt requested, written notice of said decision.
The applicant for a license or the licensee may immediately, upon receipt
of said notice from the Municipal Clerk, appeal to a court of competent jurisdiction
for review of said denial, suspension or revocation. A sexually oriented business
in operation at the time that this chapter becomes effective shall be permitted
to operate while the license application is pending.
A licensee shall not transfer his license to another, nor shall a licensee
operate a sexually oriented business under the authority of a license at any
place other than the address designated in the application.
The Township Council shall have the power to suspend or revoke any license
when the licensee is found guilty of a crime violating any municipal ordinance
or regulation involving a sexually oriented business or when the licensee
shall violate any other ordinance, law or regulation pertaining to the operation
of the premises or violate the provisions of this chapter. If the Township
Council shall have reason to believe that there are grounds upon which to
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 the Township Council at such time and place
as it shall designate, to show cause why the license should not be suspended
or revoked. Such notice is to be served at least 10 days prior to the date
set for a hearing, and the licensee shall be afforded a hearing before the
Township Council prior to the suspension or revocation of his license. Violations
of any provision of this chapter are also subject to the jurisdiction of the
Delran Township Municipal Court.
The license to operate a sexually oriented business shall not be transferable
from place to place or to another person, and the ownership of said business
may not be changed or modified until proper application shall have been made
as heretofore provided for an original issuance and shall be granted only
with the written consent of the Township Council.
This chapter shall be enforced by the Zoning Officer and any law enforcement
officers of the State of New Jersey.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalty set forth in §
1-5, Violations and penalties, of this Code and to suspension or forfeiture of their license or permit. Each day that a violation occurs or is committed shall constitute a separate offense.