[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope 5-28-1996 as Ord. No. 1996-8. Amendments noted where applicable.]
The following definitions shall apply to the terms used in this chapter:
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- A. A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still- or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or other instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity. Excluded from this definition of "sexually oriented businesses" shall be any commercial entity for which:
- (1) The sale, rental or display of the above-described sexually oriented materials constitutes only a minor ancillary or auxiliary aspect of its overall business.
- (2) The sale, rental or display of the sexually oriented materials is segregated from other items offered for sale.
- (3) An appropriate warning sign is posted prohibiting minors from the purchase, rental or viewing of said sexually oriented materials.
- B. A commercial establishment which regularly features waiters, waitresses, dancers or other live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal park or county playground or park or place of public resort and recreation, or within 500 feet of any area zoned for residential use or within 1,000 feet of a public or private recreational facility, including but not limited to bowling alleys, skating rinks, pool parlors, video arcades or similar enterprises catering to or frequently attended by minors under the age of 18 years.
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width consisting of plantings to the satisfaction of the reviewing board.
No sexually oriented business which regularly shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or a specified anatomical area shall offer for public use any private booths, screens, enclosures or other devices which facilitate sexual activity by patrons.
A sexually oriented business shall display at least one exterior sign on each entrance way giving notice that the premises are off limits to minors.
A sexually oriented business shall not employ any minor under the age of 18 years.
All external signs connected with a sexually oriented business shall reflect the general community standard and shall not depict any specified anatomical area or specified sexual activity.
This chapter shall not apply to a lawfully operating sexually oriented business where another sexually oriented business, an elementary or secondary school, school bus stop or any municipal or county playground or place of public resort and recreation is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 500 feet.
[Added 6-30-1998 by Ord. No. 1998-8]
Any person violating any provision of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.