[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon 1-28-1981 by Ord. No. 3-1981 (Ch. 32 of the 1990 Code). Amendments noted where applicable.]
The purpose of this chapter is to control and regulate the distribution, sale, circulation and exposure of movie films, movie tapes, videocassettes, 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 designed to sexually stimulate.
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:
- ADULT BOOKSTORE
- Any business or business operation which sells, distributes or otherwise conveys any obscene materials described in the definition of "obscene."
- 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, videocassette, 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:
- A. The dominant theme of the material taken as a whole appeals to the prurient interest;
- B. The material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and
- C. 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 any other type or form of business which may be conducted in this state.
It shall be unlawful for any person, as defined herein, to:
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 is provided, thereby resulting in sexual conduct.
Use or occupy any building, structure or premises as an adult bookstore, as herein defined.
It shall be unlawful for any person, as defined herein, to sell, distribute or otherwise convey any obscene materials described in the definition of "obscene" in § 175-2.
Any person, as defined above, who shall violate any of the prohibitions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
[Amended 5-9-1990 by Ord. No. 5-1990]
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.
A violation of this chapter shall also be grounds for revocation of any license or certificate of occupancy issued by the municipality on the premises.