[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.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
The depiction of specific sexual activities or specific anatomical
areas, as follows:
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
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(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.
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.