[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 6-24-1981 as Ord. No. 8-0-81. Amendments
noted where applicable.]
A.
The purpose of this chapter is to control and regulate
the distribution, sale, circulation and exposure of movie film, movie
tapes, video cassettes, magazines, pictures, drawings, photographs
and other publications devoted to the presentation and exploration
of sexual acts, normal or perverted, lust, passion, depravity, nudity
and immorality and the distribution and sale of devices, implements
and other materials designated to sexually stimulate.
B.
It is further declared that the operation of any establishment,
public or private, as a massage parlor, bath parlor or any similar
type of business where any physical contact with the recipient of
such service is provided by a person of the opposite sex is a matter
of public concern and the provisions hereinafter described are enacted
and their necessity in the public interest is hereby declared as a
matter of legislative determination.
As used in this chapter, the following terms
shall have the meanings indicated:
Any business or business operation which sells, distributes
or otherwise conveys any obscene materials described in the definition
of "obscene" herein.
That which, to the average person applying contemporary community
standards, when considered as a whole, has as its dominant theme or
purpose an appeal to the prurient interest. Any movie film, movie
tape, video cassette, magazine, picture, drawing, photograph or other
publication and any mechanical or electronic gadget, implement or
device designed to sexually stimulate shall be "obscene" within the
meaning of this chapter, if it is established that:
The dominant theme of the material taken as
a whole appeals to the prurient interest;
The material is patently offensive because it
affronts contemporary community standards, relating to the description
or representation of sexual matters; and
The material is utterly without redeeming social
value or the work taken as a whole lacks serious artistic, literary,
political or scientific value.
Any individual, firm, corporation, partnership or other type
or form of business which may be conducted in this state.
A.
It shall be unlawful for any person, as defined herein,
to:
(1)
Operate any establishment, regardless of whether it
is a public or private facility, as a massage parlor, bath parlor
or any similar type business where any physical contact with the recipient
of such service provided is thereby resulting in sexual conduct.
(2)
Use or occupy any building, structure or premises
as adult bookstore, as herein defined.
A.
Any person, as defined above, who shall violate any of the prohibitions of § 83-3 shall upon conviction be subject to a fine not exceeding $500 or be imprisoned for a term not exceeding 90 days, or both, for each and every offense.
B.
A violation of § 83-3 shall also be grounds for revocation of any license or certificate of occupancy issued by the municipality on the premises.
C.
Every day that the provisions of this chapter are
violated by any person as defined herein shall be a separate and distinct
violation of this chapter.
