[Adopted as Sec. 4-15 of the 1982 Revised General Ordinances]
As used in this article, the following terms shall have the meanings
indicated:
ADULT BOOKSTORE
An adult business which has adult products such as books, magazines,
videotapes, films and similar adult products, whether such products are for
sale, rent or viewing on premises.
ADULT BUSINESS
A business which displays, shows, or otherwise exhibits adult products
and/or a display or depiction of a specific anatomical area or specified sexual
activity which emits sensuality but is not obscene and which:
A.
Has adult products which constitute 10% or more of its stock-in-trade
(based upon retail prices) at any one time; or
B.
Receives gross income in any calendar month of 10% or more resulting
from the sale of adult products and/or as proceeds from its adult business
activities; or
C.
Uses 10% or more of its display area for the display or advertising
of its adult business activities; or
D.
Displays any adult product or products unless same are displayed or
covered in such a fashion that a customer cannot see any display or depiction
of a specified anatomical area or a specified sexual activity, nor can such
customer see any writing or other matter thereon depicting or relating to
specified sexual activities or specified anatomical areas, unless such customer
specifically requests to see same.
ADULT CABARET
A nightclub, theater or other establishment, in which an adult business
featuring live performances, topless and/or bottomless dancers, go-go dancers,
exotic dancers, strippers or similar entertainers is conducted.
ADULT MASSAGE PARLOR
A place where an adult business is carried on in which massage, alcohol
rub, administration of fomentations, electric or magnetic treatments, or any
other treatment or manipulation of the human body occurs as part of or in
connection with specified sexual activities, or when any person providing
such treatment, manipulation or services related thereto exposes specified
anatomical areas.
ADULT MODEL STUDIO
A place where an adult business is carried on where male or female
figure models display specified anatomical areas to be observed, sketched,
drawn, painted, sculptured, photographed or the like.
ADULT MOTION-PICTURE THEATER
An enclosed building in which an adult business is conducted by presenting
films, videotapes or the like to the general public.
ADULT PRODUCTS
Products which display or are a depiction of a specified anatomical
area or of a specified sexual activity or which products are distinguished
or characterized by their emphasis on matters depicting or relating to specified
sexual activities or specified anatomical areas, all of which products emit
sensuality but are not obscene.
OBSCENE ACTS
Acts which depict or describe, in a patently offensive way, ultimate
sexual acts, normal or perverted, actual or simulated, masturbation, excretory
functions or lewd exhibition of the genitals, which acts lack serious literary,
artistic, political or scientific value when taken as a whole, and which to
the average person, applying contemporary community standards, has a dominant
theme, taken as a whole, which appeals to the prurient interest.
It shall be unlawful to sell, offer for sale or display obscene material.
It shall be unlawful to own or operate any business such as an adult
bookstore, an adult motion-picture theater, an adult cabaret, an adult massage
parlor, or an adult model studio, in which any obscene material is displayed
or sold or in which any obscene acts are carried on.
Any person or association of persons desiring to own or operate an adult
business in the Borough of Stone Harbor shall be required to file an application
and obtain a license therefor. The annual license fee for each calendar year,
or any part thereof, shall be $800. The license application shall provide
for:
A. The name and address for the past 10 years of all persons
who do or will have any ownership interest in the business or intend to work
in the business premises; and
B. Fingerprinting of all such persons who have been disclosed
within the application; and
C. A disclosure as to which of any such persons have ever
been convicted of a violation of this article or a violation of any municipal,
state or federal law prohibiting the sale, lease, exhibition or display of
obscene material or obscene acts; and
D. Other matters as set forth in §
352-2, Application requirements for license, of the Code of the Borough of Stone Harbor.
E. Other matters, from time to time, determined relevant
by Mayor or Council.
Any person or association of persons, corporation or partnership, or
any partners of a partnership, or any officers, directors or shareholders
of a corporation or association convicted of a violation of this article or
a violation of any state or federal law prohibiting the sale, lease, exhibition
or display of obscene material or obscene acts, or the violation of any crime
involving moral turpitude, shall not be eligible to have any ownership interest,
continue to have any ownership interest, operate or continue to operate any
portion of any adult business in the Borough of Stone Harbor.
Any person, partnership, corporation or association of persons convicted of a violation of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter
1, Article
III, Penalty, of the Borough of Stone Harbor Code.
[Adopted as Sec. 4-19 of the 1982 Revised General Ordinances]
It shall be unlawful for any person, corporation or association of persons
of any kind to permit or employ any person in any place open to the public
or to which the public is invited, within the territorial limits of the Borough
of Stone Harbor, to perform a:
A. Topless or bottomless exhibition or dancing by female
persons of the age of 10 years or older.
B. Bottomless exhibition or dancing by male persons of the
age of 10 years or older.
C. Strip show by a male or female performer or performers
in any combination.
As used in this article, the following terms shall have the meanings
indicated:
BOTTOMLESS
Having the genital area beneath the waist unclothed or clothed by
a transparent material.
EXHIBIT or EXHIBITION
To show oneself in any capacity whether while employed in the performance
of work or entertainment or whether simply at leisure or otherwise.
STRIP SHOW
A performance in which one removes an item or items of clothing for
public amusement in connection with a dance or otherwise.
TOPLESS
Having the breasts unclothed or clothed by a transparent material.
A person, corporation or association of persons convicted of a violation of any of the provisions of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter
1, Article
III, Penalty, of the Borough of Stone Harbor Code.