[HISTORY: Adopted by the Mayor and Council of the Borough of Westville 12-12-2001 (Ch. 95 of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- A. A commercial establishment which, as one of its principal business purposes, offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity; or
- B. A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity or which regularly shows films, motion pictures, videocassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area (i.e., bookstores, gentlemen's clubs or dance clubs).
A sexually oriented business shall be permitted as a conditional use in the Industrial Zone (I-4).
A sexually oriented business is permitted in the Industrial Zone (I-4), provided that it is not located within 1,000 feet of:
For the purpose of Subsection B, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church or place of religious worship or public or private elementary or secondary school or to the nearest boundary of an affected public park, residential district or residential lot.
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, a fence or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. All such shrubs shall be at least six feet high at the time of planting along any common property line.
Any sexually oriented business lawfully operating in violation of the above as of the enactment into law of this chapter, although nonconforming, shall be permitted to continue within the parameters set forth herein, unless it is voluntarily discontinued for a period of 30 days or more.
A sexually oriented business lawfully operating is not rendered illegal by the location, subsequent to the grant or renewal of the appropriate license, of a church or place of religious worship, public or private elementary or secondary school or public park. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.
No sexually oriented business shall violate or suffer or permit or have upon its premises a person convicted of a violation of a crime, any statute, ordinance or regulations involving sexually oriented businesses or violate any other law pertaining to the operation of the premises or violate the provisions of this chapter.
Sexually oriented businesses within the Borough of Westville are subject to the rules and regulations as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and any expansion, alteration, change, etc., shall be subject to the restrictions set forth under N.J.S.A. 40:55D-70d and local ordinances, including Chapter 205, Land Use and Development, of the Code of the Borough of Westville.
A person who operates or causes to be operated a sexually oriented business shall comply with the following requirements:
The applicant shall apply for a license to operate a sexually oriented business. If the applicant is an individual, he or she must sign the application for a license as applicant and provide his/her full name, address and telephone numbers. If the applicant is a partnership, the partners' names, addresses and telephone numbers must be listed on the application. If the applicant is a corporation, the applicant shall disclose the names, addresses and telephone numbers of the appropriate registered agent, corporate officers, shareholders and the name of the person or persons who are or will be primarily responsible for the management and operation of the sexually oriented business. Upon application for a license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patron will not be permitted. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. Each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises. The Borough Council may waive the foregoing diagram or renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
No alteration in the configuration or location of a manager's station may be made without the prior approval of the Construction Official or his designee.
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms may not contain video reproduction equipment or otherwise serve as viewing areas for patrons. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which a patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. View booths must be separated at least 12 inches from the exterior walls of any other view booths.
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the area specified in Subsection A(4) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A(1) of this section.
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level and which otherwise satisfy site plan review standards.
It shall be the duly of the owners and operator, and it shall be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
A sexually oriented business operating without a New Jersey alcoholic beverage license shall be permitted to conduct the sexually oriented business only between the hours of 10:00 a.m. to 10:00 p.m. A sexually oriented business operating with a New Jersey alcoholic beverage license shall be subject to the hours of operation of licensed liquor establishments as set forth in the general ordinances. This subsection governs the operation of the sexually oriented business as defined in this chapter and does not control the hours of operation of other permitted uses on the premises. (Authority: N.J.S.A. 2C:33-12.2.)
For the prevention of the spread of sexually transmitted disease, no partitions between subdivisions of a room, portion or part of a building, structure or premises may have an aperture which is designed or otherwise constructed to encourage sexual activity between persons on either side of the partition.
No booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment shall have doors, curtains or portal partitions, but all such booths, stalls, partitioned portions of a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. All such described areas shall be lighted in such a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.
Each applicant for a business license shall, upon the filing of the application and payment of the filing fee, place signs (at least 24 inches by 36 inches in size) which provide notification and information specifically stating "SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION PENDING" and the date on which the application was filed. All lettering on the signs must be at least 1 1/2 inches by two inches in size for each letter of the sign. The signs must be of sufficient quantities to be placed upon the property so as to identify it as being subject to a proposed sexually oriented license. It shall be the duty of each applicant as to each particular application to erect said signs along all the property's public road or highway frontage.
Publication of notice of application.
Every applicant for a sexually oriented business license shall give notice of the application by publication at its own expense in two consecutive issues of the official newspaper of the Borough of Westville. The notice shall be printed in twelve-point boldface type and shall include:
The fact that a sexually oriented business license has been applied for;
The exact location of the place of business for which the permit is sought;
The names of each owner of the business and, if the business is operated under an assumed name, the trade name, together with the names of all the owners; and
If the applicant is a corporation, the names and titles of all officers.
Such notice shall be printed not less than 14 days after the application is filed with the Municipal Clerk.
All employees of a sexually oriented business are required to be listed on the application form, delineating each person's age, address and social security number. All employees must be at least 18 years of age. No person may work for any sexually oriented business without having on his/her person at all times while at work an appropriate identification card showing that he/she is an employee of the licensee. Such identification shall be available at all times for inspection and shall be worn on the left breast of said employee during working periods. Application forms will be provided by the Municipal Clerk, and the determination of compliance must be made by the Borough Council within 45 days from the time of the filing of the application.
The fact that the person possesses any other valid license required by law does not exempt him/her from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses another business and/or alcoholic license shall comply with the requirements and provisions of the law concerning the other licenses.
All trash, refuse, articles or matter to be disposed of shall be shredded, cut or rendered in such a fashion so that the remains are not readable, legible or discernible.
Issuance of license.
All licenses for the operation of a sexually oriented business shall be granted/denied by the Borough of Westville Council. If granted, the license shall be renewed and reissued annually, effective January 1 of each year, after payment of the required fees and submission of the application form to the Clerk. The license, when issued, shall be posted and conspicuously displayed in the place of business of the applicant. The Municipal Clerk shall also issue all identification cards required by the licensee and/or its employees at the same time that the license is issued. The fee for each identification card shall be $25 per calendar year. The license shall state on its face the name of the person to whom it is granted, the expiration date and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
The annual fee for a sexually oriented business shall be $1,000, to be submitted with the application.
The Borough Council shall approve the issuance of a license to an applicant within 60 days after receipt of an application unless it finds one or more of the following to be true:
An applicant or its employee is under 18 years of age.
An applicant is overdue in its payment to the Borough of assessments, fees, fines or penalties assessed against it or imposed upon it in relation to a sexually oriented business.
An applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form.
An applicant has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application.
The premises to be used for the sexually oriented business has not been approved by the Zoning Officer and/or the Borough Construction Official as being in compliance with this chapter.
The license fee required by this chapter has not been paid.
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that he or she or it is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, which necessitated repeated action by police officers.
The premises does not have a least two emergency fire exits.
The premises has not been inspected as to fire prevention and firesafety and approved by the Fire Subcode Official and/or County Fire Marshal. Said inspections and/or approvals must be completed and forwarded to the Borough within 30 days of the date that the license application has been filed.
An applicant has been convicted of a crime involving any of the following offenses as described in N.J.S.A. 2C:34-1 et seq. and N.J.S.A. 2C:34-2 et seq.:
Promotion of prostitution.
Sale, distribution or display of harmful material to minors.
Sexual performance by a child.
Possession of child pornography.
Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.
Removal of disqualification. An applicant who has been convicted of an offense listed above may qualify for a sexually oriented business only when such conviction has preceded the date of the application by five years or more and the governing body grants a request for removal of disqualification for good cause shown.
A person commits an offense if, in a sexually oriented business establishment open to persons under the age of 18 years, he permits obscene material to be disseminated to persons under the age of 18 years pursuant to N.J.S.A. 2C:34-3 et seq.
In this section, "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
Defenses to prosecution under this section are provided in N.J.S.A. 2C:34-3, Subsection e, and shall be incorporated herein as if fully set forth.
This chapter shall be enforced by the Zoning Officer, Code Official and/or any law enforcement officers of the State of New Jersey.