[HISTORY: Adopted by the Township Committee of the Township of Little
Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
The Mayor and Township Committee of the Township of Little Egg Harbor
recognize the rights inherent in the United States Constitution which guarantee
freedom of expression, as well as the position of the courts in protecting
that freedom by invalidating any attempt by local ordinance to restrict particular
uses based upon their content. However, the Mayor and Township Committee also
recognize their duty to protect the health, safety, welfare and morals of
the residents and the citizens of Little Egg Harbor Township and to establish
reasonable and uniform regulations providing for the licensing of adult-oriented
establishments, including, but not limited to, adult bookstores, adult mini
motion-picture establishments, adult motion-picture theaters and adult cabarets.
The provisions of this chapter have neither the purpose nor effect of imposing
a limitation or restriction on the content of any communicative materials,
including sexually oriented materials. Additionally, it is neither the intent
nor effect of this chapter to restrict or deny access by adults to sexually
oriented materials protected by the First Amendment or to deny access by the
distributors and exhibitors of sexually oriented entertainment to their intended
market.
A.
It has been demonstrated that the establishment of adult
businesses in business districts which are immediately adjacent to and which
serve residential neighborhoods has a deleterious effect on both the business
and residential segments of the neighborhood, causing blight and a downgrading
of property values. It has also been demonstrated that there is a statistically
significant correlation between sex-oriented and alcohol-oriented adult entertainment
businesses and high crime rates. The Township Committee is particularly persuaded
and impressed by studies conducted in Minneapolis, St. Paul, Indianapolis,
Phoenix and Los Angeles.
B.
The Township Committee further deems it necessary to
provide for licensing and regulation of adult-oriented businesses in light
of existing problems experienced by the residents and citizens within the
Township of Little Egg Harbor as evidenced by the Uniform Crime Reporting
System.
C.
The Township Committee further determines that it is
well known that adult-oriented businesses have been and are being used by
patrons of said establishments for engaging in sexual acts, including, but
not limited to, intercourse, sodomy, oral copulation and masturbation, resulting
in unsafe and unsanitary conditions. It is particularly well known that such
conduct occurs in adult-oriented establishments which install booths with
doors in which patrons can view adult-oriented movies or videotape or film
or view other forms of adult entertainment.
D.
The prevalence of such conduct by patrons of adult businesses
is especially disconcerting when viewed in relation to the ever-increasing
number of reported cases of Acquired Immune Deficiency Syndrome (AIDS). AIDS
is a sexually transmitted disease that destroys the body's immune system,
is almost always fatal and has no known cure. The viral agents responsible
for AIDS and other sexually transmitted diseases have all been isolated at
one time or another from semen.
For the purpose of this chapter, the following words and phrases shall
mean:
An establishment having as a substantial or significant portion of
its stock-in-trade, for sale, rent, lease, inspection or viewing, books, films,
videocassettes, compact disks, DVD's, magazines or other periodicals which
are distinguished or characterized by their emphasis on matters depicting,
describing or relating to specified sexual activities, sexual conduct or specified
anatomical areas, as defined below, and, in conjunction therewith, having
facilities for the presentation of adult entertainment, as defined below,
including adult-oriented films, movies or live performances, for observation.
A nightclub, bar, restaurant or other commercial establishment, whether
or not same is licensed to sell alcoholic beverages for on-premises consumption,
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 sexual conduct or by specified sexual activities; or
Films, motion pictures, videocassettes, compact disks, DVD's, slides
or other photographic reproductions which are characterized by the depiction
or description of specified sexual activities, sexual conduct or specified
anatomical areas.
Any exhibition of any motion picture, live performance, display or
dance of any type that has, as its dominant theme, or is distinguished or
characterized by an emphasis on, any actual or simulated specified sexual
activities, sexual conduct or specified anatomical areas, as defined below,
or the removal of articles of clothing or appearing partially or totally nude.
Adult entertainment is distinguished from conventional entertainment by the
fact that access by minors to such entertainment is excluded by virtue of
age under the pornography statutes of the State of New Jersey.
An enclosed building with a capacity of less than 50 persons used
for presenting material having, as its dominant theme, or distinguished or
characterized by an emphasis on, matters depicting, describing or relating
to specified sexual activities, sexual conduct or specified anatomical areas,
as defined below, for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons used for
presenting material having, as its dominant theme, or distinguished or characterized
by an emphasis on, matters depicting, describing or relating to specified
sexual activities, sexual conduct or specified anatomical areas, as defined
below, for observation by patrons therein.
Includes, but is not limited to, adult bookstores, adult motion-picture
theaters, adult mini motion-picture theaters or adult cabarets, and further
means any premises to which public patrons or members are invited or admitted
and which are physically arranged so as to provide booths, cubicles, rooms,
compartments or stalls separate from the common areas of the premises for
the purpose of viewing adult-oriented material, or wherein an entertainer
provides adult entertainment to a member of the public, a patron or a member,
whether or not such adult entertainment is held, conducted, operated or maintained
for a profit, direct or indirect.
The Township Committee of the Township of Little Egg Harbor, New
Jersey.
The appearance, showing or exhibition of the male or female genitals
or vulva, pubic area, buttocks, anus, anal cleft or cleavage or female breast
below the top of the nipple.
Any person, partnership or corporation operating, conducting, maintaining
or owning any adult-oriented establishment.
An individual, proprietorship, partnership, corporation, association
or other legal entity.
A state of dress in which clothing or other devices or covering covers
no more than the genitals, pubic region or nipples of the female breast, as
well as portions of the body covered by supporting straps or devices.
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
human female whether alone or between members of the same or opposite sex
or an act of apparent sexual stimulation or gratification.
The simulated or actual:
Showing of human genitals in a state of sexual stimulation or arousal;
or
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia,
sadomasochistic abuse, fellatio or cunnilingus; or
Fondling or erotic touching of the human genitals, pubic regions, buttocks
or female breasts.
A.
Except as provided in Subsection D below, from and after the effective date of this chapter, no adult-oriented establishment shall be operated or maintained in the Township of Little Egg Harbor without first obtaining a license to operate issued by the Township of Little Egg Harbor.
B.
A license may be issued only for one adult-oriented establishment
located at a fixed and certain place. Any person, partnership or corporation
that desires to operate more than one adult-oriented establishment must have
a license for each.
C.
No license or interest in the license may be transferred
to any person, partnership or corporation.
D.
All adult-oriented establishments existing at the time
of the passage of this chapter must submit an application for a license within
90 days of the passage of this chapter. If an application is not received
within said ninety-day period, then such existing adult-oriented establishment
shall cease operations.
E.
An application for a license must be made on a form provided
by the Township Clerk. The application must be accompanied by a sketch or
diagram showing the configuration of the premises, including a statement of
total floor space occupied by the business. The sketch or diagram need not
be professionally prepared but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus
or minus six inches.
F.
The applicant must be qualified according to the provisions
of this chapter, and the premises must be inspected and found to be in compliance
with the law by the Ocean County Health Department, Zoning Office, Fire Inspector
and Building Official. The result of said inspections must be made available
to the applicant no later than 30 days from the date of application for the
license.
G.
The applicant for a license shall include upon the form
provided by the Township Clerk the following information under oath:
(1)
Name and address, including any and all aliases.
(2)
Written proof that the applicant is at least 18 years
of age.
(3)
Whether the applicant has ever had an adult-oriented
establishment license revoked or suspended, the reason for such revocation
or suspension and the business entity or trade name under which the applicant
operated that was subject to the suspension or revocation.
(4)
Whether the applicant has been convicted of or pled guilty
to a crime involving prostitution; promotion of prostitution; obscenity; sale,
distribution or display of harmful material to minors; sexual performance
by a child; possession of child pornography; indecency with a child; sexual
assault; aggravated sexual assault; incest; solicitation of a child; public
lewdness or indecent exposure, as provided and described in the New Jersey
Criminal Code.
H.
The fact that an applicant possesses a valid mercantile
license pursuant to other provisions of the Township Code of the Township
of Little Egg Harbor does not exempt the applicant from the requirement of
obtaining an adult business license as provided herein.
A.
The Township Committee shall approve the issuance of
a license by the Township Clerk to an applicant within 30 days after receipt
of an application unless the Township Committee finds one or more of the following
to be true:
(1)
An applicant is under 18 years of age or is under a legal
disability.
(3)
An applicant has falsely answered a question or request
for information on the application form.
(4)
An applicant or an applicant's spouse has been convicted
of a violation of a provision of this chapter, other than the offense of operating
an adult-oriented establishment without a license, within five years immediately
preceding the application. The fact that a conviction is being appealed shall
have no effect on the disqualification of the applicant or applicant's spouse.
(5)
An applicant is residing with a person who has been denied
a license by the Township to operate an adult-oriented establishment within
the preceding 12 months or residing with a person whose license to operate
an adult-oriented establishment has been revoked within the preceding 12 months.
(6)
The premises to be used for the adult-oriented business
has been denied by the Ocean County Health Department, Zoning Office, Fire
Official or the Building Official as not being in compliance with applicable
laws and ordinances, provided that the applicant was provided the results
of said inspections no later than 30 days from the date of application for
the license.
(7)
The license fee required herein has not been paid.
(8)
An applicant or an applicant's spouse has been convicted
of a crime or misdemeanor involving prostitution; promotion of prostitution;
obscenity; sale, distribution or display of harmful material to minors; sexual
performance by a child; possession of child pornography; indecency with a
child; sexual assault; aggravated sexual assault; incest; solicitation of
a child; public lewdness or indecent exposure, as provided and described in
the New Jersey Criminal Code. The fact that the conviction is being appealed
shall have no effect on the disqualification of the applicant or the applicant's
spouse.
B.
The license, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration date and
the address of the adult-oriented establishment. The license shall be posted
in a conspicuous place at or near the entrance to the adult-oriented establishment
so that it may be easily read at any time.
A.
The initial fee for an adult-oriented establishment license
shall be $2,500 in addition to any other applicable fees. The fee shall accompany
the application for the license.
B.
Every license issued pursuant to this chapter shall terminate
at the expiration of one year from the date of issuance, unless sooner revoked,
and must be renewed before operation is allowed in the following year. Any
operator desiring to renew a license shall make application to the Township
Clerk upon a form provided by said Township Clerk and shall provide such information
and data, given under oath or affirmation, as is required for an application
for a new license.
C.
A license renewal fee of $1,000 shall be submitted with
the application for renewal.
A.
An applicant or licensee shall permit representatives
of the Police Department, Ocean County Health Department, Office of the Fire
Inspector, Zoning Office, Construction Office, Code Enforcement Office, Office
of the Township Administrator, and the Township Committee to inspect the premises
of an adult-oriented establishment, for the purpose of ensuring compliance
with the law, at any time it is occupied or open for business.
B.
A person who operates an adult-oriented establishment
or his agents or employees commits an offense if he or she refuses to permit
a lawful inspection of the premises by any of the above representatives at
any time it is occupied or open for business.
The Township Committee may suspend a license for a period not to exceed
30 days if it determines that a licensee or an agent or employee of a licensee
has violated any of the provisions of this chapter.
A.
The Township Committee may revoke a license for any of
the following reasons:
(1)
A licensee provided false or misleading information on
the initial or renewal application or material facts were omitted from said
application during the application or renewal process.
(2)
A licensee or an agent or employee thereof has knowingly
allowed possession, use or sale of controlled substances on the premises.
(3)
A licensee or an agent or employee thereof has knowingly
allowed prostitution on the premises.
(4)
A licensee or an agent or employee thereof knowingly
operated the adult-oriented establishment during a period of time when the
licensee's license was suspended.
(6)
The licensee or an agent or employee thereof has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation
or sexual contact to occur in or on the licensed premises.
(7)
A licensee is delinquent in payment to Little Egg Harbor
Township for taxes, or fees, fines or penalties related to the adult-oriented
establishment.
B.
The operator or licensee whose license is revoked shall
not be eligible to receive a license for one year from the date of revocation.
No location or premises for which a license has been issued shall be used
as an adult-oriented establishment for six months from the date of revocation
of the license.
A.
If it is determined that a valid basis for suspending
or revoking a license exists, then, before revoking or suspending the license,
the Township Administrator shall cause a formal legal complaint to be served
upon the licensee in question, and said final legal complaint shall clearly
state the charges brought against said licensee. This formal legal complaint
may be served by personal service, certified mail or regular mail in the event
that personal service is refused. If the whereabouts of the licensee is unknown
and the same cannot be ascertained by the exercise of reasonable diligence,
the Township Administrator shall make an affidavit to that effect and then
serve such complaint by publishing same once each week for two consecutive
weeks in at least one official newspaper annually designated by the Township
Committee.
B.
The formal legal complaint shall further state the charges,
and it shall contain a notice that a hearing shall be held before the Mayor
and Township Committee or its duly authorized representative at a place therein
fixed not less than 10 days nor more than 30 days after the serving of said
formal legal complaint, that the licensee and parties in interest shall be
given the right to file an answer to the formal legal complaint and to appear
in person or by their attorney and give testimony at the place and time fixed
in the formal legal complaint and that the rules of evidence prevailing in
the courts of law shall not be controlling at the administrative hearing.
A licensee shall not transfer his or her license to another person,
partnership or corporation, nor shall a licensee operate an adult-oriented
establishment under the authority of a license at any place other than the
address designated in the application.
Any adult-oriented establishment having available for customers, patrons
or members any booth, room or cubicle for the private viewing of any adult
entertainment must comply with the following requirements:
A.
Access. Each booth, room or cubicle shall be totally
accessible to and from aisles and public areas of the adult-oriented establishment
and shall be unobstructed by any door, lock or other control-type devices.
B.
Construction. Every booth, room or cubicle shall meet
the following construction requirements in addition to those requirements
imposed by the construction code:
(1)
Each booth, room or cubicle shall be separated from adjacent
booths, rooms and cubicles and any nonpublic areas by a wall.
(2)
Have at least one side totally open to a public lighted
aisle so that there is an unobstructed view at all times of anyone occupying
same.
(3)
All walls shall be solid and without any openings, extended
from the floor to a height of not less than six feet and be light colored,
nonabsorbent, smooth textured and easily cleanable.
(4)
The floor must be light colored, nonabsorbent, smooth
textured and easily cleanable.
(5)
The lighting level of each booth, room or cubicle, when
not in use, shall be a minimum of 10 footcandles at all times, as measured
from the floor.
C.
Occupants. Only one individual shall occupy a booth,
room or cubicle at any time. No occupant of same shall engage in any type
of sexual activity, cause any bodily discharge or litter while in the booth.
No individual shall damage or deface any portion of the booth.
A.
The owner, operator or licensee shall maintain a register
of all agents and employees, showing the name, any aliases used, home address,
age, birth date, date of employment and termination and duties of each agent
and employee. The above information on each agent and employee shall be maintained
in the register on the premises for a period of three years following termination.
B.
The owner, operator or licensee shall make the register
of agents and employees available immediately for inspection by the representatives
of the Township of Little Egg Harbor at all reasonable times.
C.
Every act or omission by an agent or employee constituting
a violation of the provisions of this chapter shall be deemed the act or omission
of the owner, operator or licensee if such act or omission occurs either with
the authorization, knowledge or approval of the owner, operator or licensee
as a result of the negligent failure of the owner, operator or licensee to
supervise the agent's or employee's conduct, and said owner, operator or licensee
shall be punishable for such act or omission in the same manner as if the
owner, operator or licensee committed the act or caused the omission.
D.
Any act or omission of any agent or employee constituting
a violation of the provision of this chapter shall be deemed the act or omission
of the owner, operator or licensee for purposes of determining whether the
license of the owner, operator or licensee shall be revoked, suspended or
renewed.
E.
The owner, operator or licensee shall not allow any minor
to loiter around or to frequent an adult-oriented establishment or to allow
any minor to view adult entertainment as defined herein.
F.
The operator shall maintain the premises in a clean and
sanitary manner at all times.
G.
The owner, operator or licensee shall ensure compliance
of the establishment and its patrons with the provisions of this chapter.
A.
An adult-oriented establishment as defined herein shall
not employ any person under the age of 18 years. A person under the age of
18 years commits an offense if he or she appears in a state of nudity in or
on the premises of an adult-oriented establishment.
B.
An agent or employee commits an offense if he or she
appears in a state of nudity or knowingly allows another person to appear
in a state of nudity in an area of an adult entertainment establishment which
can be viewed from public right-of-way.
C.
No individual, partnership, corporation or other entity
holding the license shall employ any person in or about the licensed premises
who has not been issued an identification card by the Police Department of
the Township of Little Egg Harbor.
(1)
All persons employed in or about any licensed premises
shall carry an identification card issued by the Police Department at all
times while in the course of their employment and shall exhibit the same upon
the request of any authorized Little Egg Harbor Township official.
(2)
Any person desiring to obtain an identification card
shall report to the Police Department where application forms shall be completed.
The applicant shall pay a fee of $10 for an identification card.
(3)
The Police Department shall issue an identification card
to each employee, which card shall contain the name, address and a photograph
of the employee. A copy of the identification card and photograph shall be
maintained on file by the Police Department.
D.
It shall be the duty of the owner, operator or licensee
to ensure that all of its employees comply with the provisions of this chapter.
Adult cabarets shall comply with the following additional regulations:
A.
All dancing shall occur on a platform intended for that
purpose which is raised at least three feet from the level of the floor.
B.
No dancing shall occur closer than 10 feet to any patron
or customer.
C.
No dancer shall fondle or caress any patron, and no patron
shall fondle or caress any dancer.
D.
No patron shall directly pay or give any gratuity to
any dancer, and no dancer shall solicit any pay or gratuity from any patron.
A.
All private schools and public schools, as defined by
New Jersey statutes, located within the Township of Little Egg Harbor are
exempt from obtaining a license hereunder when instructing pupils in accordance
with a sex education curriculum.
B.
It is a defense to prosecution under the provisions of
this chapter that a person appearing in a state of nudity did so as an art
class model in a private school or public school within the boundaries of
the Township of Little Egg Harbor.
C.
It is a defense to prosecution under the provisions of
this chapter that each item of descriptive, printed, film or video material
offered for sale or rental, taken as a whole, contains serious literary, artistic,
political or scientific value.
A.
It shall be unlawful for any owner, operator or licensee
of a commercial establishment located in the Township of Little Egg Harbor,
at which alcoholic beverages are served or offered for sale for consumption
on the premises:
(1)
To suffer or permit any female person, while on the premises
of said commercial establishment, to expose to the public view with less than
a full opaque covering that area of the human breast at or below the top of
the nipple;
(2)
To suffer or permit any female person, while on the premises of said commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the human female breast as described in Subsection A(1) above;
(3)
To suffer or permit any person, while on the premises
of said commercial establishment, to expose, exhibit or show to the public
view with less than a full opaque covering his or her genitals or vulva, pubic
area, buttocks, anus, anal cleft or cleavage;
(4)
To suffer or permit any person, while on the premises
of said commercial establishment, to employ any device or covering which is
intended to give the appearance of or simulate his or her genitals or vulva,
pubic area, buttocks, anus, anal cleft or cleavage;
(5)
To suffer or permit the depiction or showing of the covered
male genitalia in a discernibly turgid state.
B.
It shall be unlawful for any female person, while on
the premises of a commercial establishment located in the Township of Little
Egg Harbor, at which alcoholic beverages are served or offered for sale for
consumption on the premises, to expose to the public view with less than a
full opaque covering that area of the human breast at or below the top of
the nipple, or to employ any device or covering which is intended to give
the appearance of or simulate such portions of the human female breast as
described herein.
C.
It shall be unlawful for any person, while on the premises
of a commercial establishment located in the Township of Little Egg Harbor,
at which alcoholic beverages are served or offered for sale for consumption
on the premises, to expose, exhibit or show to the public view with less than
a full opaque covering his or her genitals or vulva, pubic area, buttocks,
anus, anal cleft or cleavage, or to employ any device or covering which is
intended to give the appearance of or simulate his or her genitals or vulva,
pubic area, buttocks, anus, anal cleft or cleavage.
D.
It shall be unlawful for any person, while on the premises
of a commercial establishment located in the Township of Little Egg Harbor,
at which alcoholic beverages are served or offered for sale for consumption
on the premises, to depict or show in the public view the covered male genitalia
in a discernibly turgid state, or to employ any device or covering which is
intended to give the appearance of or simulate the covered male genitalia
in a discernibly turgid state.
A.
Any person violating or failing to comply with any provisions
of this chapter shall, upon conviction thereof, be punishable by a fine of
no less than $100 and no more than $2,000, by imprisonment not to exceed 90
days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by restraining order or injunction issued
by a court of competent jurisdiction.
It shall be a petty disorderly persons offense for a retailer as defined
in N.J.S.A. 2C:34-3.1 to display or permit to be displayed at his business
premises any obscene material as defined in N.J.S.A. 2C:34-3, at a height
of less than five feet or without a blinder or other covering placed or printed
on the front of the material displayed. The public display of the obscene
material shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
