As used in this article, the following terms shall have the meanings indicated:
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at one time where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE and/or ADULT VIDEO STOREA commercial establishment that has as one of its principal business purposes to offer for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; and/or
B. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENTA nightclub, bar, massage or similar establishment, restaurant, or similar place of business or portion thereof which features: persons who appear in a state of nudity or seminude state; or live performances characterized by the exposure of specified anatomical areas or by specified sexual activities; or films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTELA hotel, motel, or similar commercial establishment that offers accommodations to the public for any form of consideration that:
A. Provides patrons with closed-circuit television, transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas; and/or
B. Which has a sign visible from a public right-of-way that advertises the availability of this type of photographic reproductions; and/or
C. Offers a sleeping room for rent for a period of time that is less than 10 hours; and/or
D. 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 THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium, or similar commercial establishment that regularly features:
A. Persons who appear in a state of nudity or semi-nudity; and/or
B. Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
APPLICANTA person who must apply for a license as required by this article.
CHILD-CARE FACILITYA building used as a day nursery, children's boarding home, child placing agency, or other place for the care or custody of children under 15 years of age.
CHURCH or PLACE OF RELIGIOUS WORSHIPA building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
DISPLAYA. To locate an item in such a manner that, without obtaining assistance from an employee of the business establishment, it is available to the public for handling.
B. Includes when the cover or outside packaging on the item is visible to members of the public.
ESCORTA person who, for consideration, agrees, offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCYA business association which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
ESTABLISHMENTIncludes any of the following: the opening or commencement of any sexually oriented business as a new business; the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; the addition of any sexually oriented business to any other existing sexually oriented business; and/or the relocation of any sexually oriented business.
HOUSE OF PROSTITUTIONAny place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management, or supervision of another as defined under N.J.S.A. 2C:34-1.
LICENSEA license issued to a person under this article to operate a sexually oriented business.
LICENSEEThe person or entity in whose name a license to operate a sexually oriented business under this article has been issued and, in the case of an entity, shall include all persons holding a ten-percent or greater interest in the entity applying for the license and/or operating the sexually oriented business.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or seminudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
NUDITY, SEMINUDE OR A STATE OF NUDITYThe appearance of bare human buttocks, anus, male genitals, female genitals, pubic region or female breasts, or a state of dress that fails to opaquely cover human buttocks, anus, male genitals, female genitals, pubic region, or areolas of the female breast.
PERSONAn individual, proprietorship, partnership, corporation, association, or other legal entity.
PLACE OF BUSINESSIncludes any store, house, shop, tavern, bar, massage or similar establishment, restaurant, pool hall, bowling alley, amusement parlor, ice skating rink, theater, or premises wherein merchandise, food or drink is sold, or any combination or group of the foregoing, in which business is maintained within one building or structure open to the public.
POLICEDuly sworn law enforcement officers of this City, of the State of New Jersey, or of any governmental entity having jurisdiction.
PROSTITUTIONSexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer made within view of a public place to engage in sexual activity in exchange for something of economic value.
PUBLIC PARKA tract of land maintained by the federal, state, or local government for the recreation and/or enjoyment of the public.
RESIDENTIAL USEA single-family, duplex, multiple-family, mobile home park, mobile home subdivision, and/or campground used as a residence.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration, massage, wrestling, tumbling and/or sexual activities when one or more of the persons are nude or seminude.
SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore, or adult video store, adult entertainment establishment, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, and/or sexual encounter center.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the acts listed as sexual activity in N.J.S.A. 2C:34-6d and includes, without limitation, sexual intercourse, including genital-genital, oral-genital, anal-genital, and/or oral-anal conduct, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse; and/or other deviant sexual relations.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESSIncludes any of the following: the sale, lease, or sublease of the business as a whole; the transfer of securities in a corporation or membership interests in an LLC or partnership that constitute more than a ten-percent interest in the business, whether by sale, exchange, or similar means; and/or the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.