[HISTORY: Adopted by the Township Committee of the Township of Lumberton: Art. I, 4-17-1978 as Ord. No. 1978-2 (part of Ch. V of the 1973 Code). Amendments noted where applicable.]
[Adopted 4-17-1978 as Ord. No. 1978-2 (part of Ch. V of the 1973 Code)]
As used in this Article, the following terms shall have the meanings indicated:
- ADULT BOOKSTORE
- A store specializing in or holding itself out as specializing in the sale, rental or on-premises viewing, or all of them, of books, films or pictures, any or all of them dealing with sex.
No person shall conduct an adult bookstore without first being licensed to do so, as provided in this Article.
Application for such license shall be made, in writing, to the Township Committee and shall set forth:
No adult bookstore shall be licensed that is within 200 feet of a church or school.
The fee for each such license shall be $100, and the license shall expire on December 31 of the year of issue.
[Amended 8-20-1979 by Ord. No. 1979-12]
In addition to the fee set forth in § 89-5, each movie projector which is maintained in or on the premises shall be licensed at the rate of $36 for each such machine.
No books or other materials sold in such store shall be displayed in such fashion as to be visible from the street, and no signs, pictures or other devices shall be displayed visible from the street with the exception of the store name and the words "Adult Bookstore."
No minor shall be admitted to any such bookstore or permitted or suffered to remain on the premises.
Any conviction for the sale or showing of pornographic material, in violation of the Statutes of the State of New Jersey, on the premises shall be cause of revocation of the license.
Maximum penalty. For violation of any provisions of this Article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this Article exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.