It is the Legislative intent of the Township Committee of the
Township of Waterford to repeal Ordinance 81-9 of the Township of Waterford in order to authorize and
comtemporize the regulation of sexually oriented businesses within
the borders of the Township of Waterford, County of Camden, State
of New Jersey.
As used in this chapter, 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 image-producing devices are maintained
to show images to one person per machine at any one time and where
the images 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 its principal business
conspicuously offers for sale or for rental for any form of consideration
any one or more of the following:
A.
Books, magazines, periodicals or other printed material or photographs,
films, motion pictures and videocassette or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas.
B.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or other commercial establishment,
whether or not same is licensed to sell alcoholic beverages for on-premises
consumption, which regularly features:
A.
Persons who appear in a state of nudity; or
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by sexual conduct or by specified sexual
activities; or
C.
Films, motion pictures, videocassettes, compact disks, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities, sexual activities,
sexual conduct or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration
and which:
A.
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 this adult-type of photographic reproductions;
B.
Offers a sleeping room for a tenant for rent for a period of
time that is less than 10 hours; or
C.
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 for all adult theaters.
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.
ADULT SEX TOY OR EQUIPMENT SHOP
A commercial establishment which sells retail, in whole or
in part, as defined in the popular culture, sex toys and/or equipment
utilized by some as part of the sex act. This is a propriety; these
types of items shall be called sexual paraphernalia.
OBSCENE MATERIALS
The definition of obscene materials set forth in 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 Constitution 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, adult carbaret, adult motel,
adult motion-picture theater or adult theater.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock or female breasts below the point immediately above
the top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttock or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C.