Definitions. As used in this section, the following terms shall have the meanings indicated.
ADULT ARCADE Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to one person per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE A commercial establishment, which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed materials or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) Instruments, devises or paraphernalia, which are designed for use in connection with specified sexual activities.
ADULT CABARET A nightclub, bar, restaurant or similar commercial establishment, which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performances, which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADULT MOTEL A hotel, motel or similar commercial establishment, which offers accommodations to the public for any form of consideration and which:
(1) Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of these adult-types of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion-picture theaters shall meet the seating criteria established adult theaters (below).
ADULT THEATER A theater, concert hall, auditorium or similar commercial establishment 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 specified sexual activities. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
COMMERCIAL DISPLAY The exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another and whether the exhibition occurs at the exhibitor's place of business or elsewhere.
OBSCENE MATERIALS The definition of obscene materials set for in P.L. 1978, c. 95, as amended by P.L. 1982, c. 211, Sec. 1 (effective December 23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
PERSON An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUALLY ORIENTED BUSINESS An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.
SPECIFIED ANATOMICAL AREAS (1) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breasts below the point immediately above the top of areola; or
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C of this definition.