[HISTORY: Adopted by the Municipal Council of the Township of Irvington 4-7-1992 by Ord. No. MC 2944 (Ch. 62, Art. X, of the 1981 Revised Code). Amendments noted where applicable.]
GENERAL REFERENCES
Licensing procedure — See Ch. 290, Art. I.
Obscene materials — See Ch. 409.
As used in this chapter, the following terms shall have the meanings indicated:
DISPLAY
In addition to the storage, exhibition and shelving of videos and films, the posting, showing or revealing to any person of any case, carton, box, bag or other wrapping in which a film and/or videocassette is packaged or contained and any poster, sign, advertisement, photograph, book, catalogues or document of any kind describing the contents of such film or video.
SEXUALLY EXPLICIT
The depiction of specific sexual activities or specific anatomical areas, as follows:
A. 
Specified anatomical areas:
(1) 
Less than completely opaquely covered human genitals; pubic region.
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
B. 
Specified sexual activities:
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of human masturbation, sexual intercourse or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
VIDEO STORE
Any store which sells or rents films or videocassettes, provided that the rental or sale of such films or videocassettes constitutes more than 25% of the gross sales at that location.
It shall be unlawful to display, offer or sell, advertise, sell or rent any film or videocassette for a fee or otherwise in any retail commercial premises without having first secured a license as provided herein. Said license shall be for a specific premises and shall not be transferable. All licenses issued under this chapter shall expire on December 31 following the date when issued, without regard to the time of year when issued, and the fee as fixed in § 632-5 of this chapter shall be the license fee for said time, whether it is for all or part of such license year.
A. 
Any person desiring a license to operate a video business shall submit a license application to the Division of Licensing.
B. 
The application shall state:
(1) 
The name and address of the owners of the property.
(2) 
The name and address of the licensee, if other than the owner of the property.
(3) 
The type of merchandise that will be sold or rented at the video business.
(4) 
A diagram of the premises showing the interior layout of the premises and describing the mode of operation and the methods of compliance with this chapter.
(5) 
Whether or not X-rated or sexually explicit videos or films will be displayed, rented or sold.
C. 
The knowing misstatement of any material fact or omission of any required information from the license application shall result in denial of issuance of such license or revocation of the license.
A. 
No employee under the age of 18 shall be permitted to handle transactions in which an X-rated or sexually explicit film or videocassette is displayed, shown, sold or rented to any person.
B. 
No person under the age of 18 shall be displayed, sold, shown or rented any such X-rated or sexually explicit film or videocassette.
C. 
It shall be unlawful to sell or rent or display for sale or rent any film or videocassette which is rated X or which is sexually explicit, unless the following requirements are met:
(1) 
Such films and videocassettes and/or the display covers containing pictures or descriptions of said films or cassettes shall be segregated in a separate area not accessible to minors and shall have posted conspicuously nearby the following words in clear block letters of not less than two inches each:
ADULTS ONLY
NO ONE ADMITTED
UNDER 18 YEARS OF AGE
(2) 
The operator of said business shall be responsible for prohibiting minors from entering said area and that said area is adequately secured from casual observation by minors and the general public.
(3) 
No film rated R, PG, PG-13 or G by the Motion Picture Rating Board shall be considered to be sexually explicit for the purposes of this chapter.
[Amended 12-12-1995 by Ord. No. MC 3027; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The annual fee for a video store license shall be $58.
A. 
Any person, firm or corporation found guilty of a violation of any terms of this chapter shall be subject to the penalty set forth in Chapter 1, Article III, Penalties, of the Township Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In determining whether any person or entity has violated this chapter, the standards and defenses set forth in N.J.S.A. 33:1-77, respecting the sale of alcoholic beverages to a minor, shall apply as if the same applied to the display, handling, showing, giving, sale or rental of such X-rated or sexually explicit films or videos as defined herein.