[HISTORY: Adopted by the Township Committee of the Township of Manalapan 10-27-1993
by Ord. No. 93-30 as Ch. 63 of the 1993 Code. Amendments
noted where applicable.]
There are some business and trades which, because of their very nature,
are recognized as having serious objectionable operational characteristics.
It has been determined that strict control and regulation of these businesses
and trades is required to ensure their operation is maintained in compliance
with the law for the preservation of the public peace, health, safety, moral
and general welfare of the people of the Township of Manalapan and to prevent
their contributing to the blighting and downgrading of the surrounding neighborhood.
The businesses and trades subject to these strict controls and regulation
are as follows:
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment having as a substantial or significant portion of
its stock-in-trade books, magazines, other periodicals, films or other viewing
material which are distinguished or characterized by their emphasis on matters
depicting, describing or relating to specified sexual activities, sexual conduct
or specified anatomical areas or an establishment in which a segment or section
of the premises is devoted to the sale, rental, display or viewing of such
material.
A live performance, act or dance performed by a nude or seminude
entertainer or other persons which depicts a person or persons engaging in
or which calls attention to, exhibits, shows or involves specified sexual
activities or specified anatomical areas, as defined.
An enclosed building with a capacity of less than 50 persons used
for presenting material, films or movies distinguished or characterized by
an emphasis on matters depicting, describing or relating to specified sexual
activities, sexual conduct or specified anatomical areas, as defined herein,
for observation by patrons therein. This definition shall also apply to an
enclosed building which contains any number of individual viewing booths in
which a patron may privately or individually view material, films or movies
containing material as specified herein or adult live entertainment.
An enclosed building used primarily for presenting material, films
or movies distinguished or characterized by an emphasis on matters depicting,
describing or relating to specified sexual activities, sexual conduct or specified
anatomical areas, as defined herein, for observation by patrons therein.
Any person who owns or operates an establishment, business or trade
which can be defined as an adult bookstore, adult motion-picture theater or
adult mini-motion-picture theater.
Flagellation or torture by or upon a human being who is nude or clad
in undergarments or in revealing or bizarre costumes or the condition of one
who is nude or so clothed and who is being fettered, bound or otherwise physically
restrained.
Human masturbation, sexual intercourse or any touching of the genitals,
pubic areas or buttocks of the human male or female or the breasts of the
female, whether alone or between members of the same or opposite sex or between
humans and animals, in an act of apparent sexual stimulation or gratification.
Adult bookstores, adult motion-picture theaters and adult mini-motion-picture
theaters are hereby deemed to be regulated uses.
No regulated use may be located within 1,500 feet of any other regulated
use or within 1,500 feet of a church or other religious institution or a public
or private school. No regulated use may be located within 1,500 feet of any
residentially zoned area, regardless of whether or not such zone is actually
developed for residences. All distances shall be measured along a straight
line from the nearest boundary line on the lot on which the proposed regulated
use is to be located to the nearest point on a property boundary line on which
is located any other regulated use, a church or other religious institution,
a public or private school or residential zone.
The following regulations shall apply to all uses regulated herein:
A.Â
No owner shall knowingly permit any person convicted
of a crime involving moral turpitude to be associated with him in the ownership
or management of the business or to be in his employ or to loiter on the premises.
B.Â
No owner shall permit any minor under the age of 18 years
to be on the premises at any time.
C.Â
No owner shall permit any activity which is illegal or
immoral or which creates an undue amount of noise or a danger of a breach
of the peace to occur on the premises.
Any person who shall violate any of the provisions of this chapter shall
be subject to imprisonment in the county jail for a period of not to exceed
90 days and/or to a fine of not less than $250 nor more than $500, or both.
Each and every violation and nonconformance to this chapter or each day that
any provision of this chapter shall have been violated, shall be construed
as a separate and distinct violation thereof.
