Specific Definitions.
ADULT BOOKSTORE
An establishment which has a substantial or significant portion
of its stock in trade, books, magazines, or other periodicals and
which excludes minors by virtue of age.
ADULT ENTERTAINMENT HOUSE
An establishment used for presenting live performances or
motion pictures, films, movies, slides, or similar photographic reproductions
for observation by persons therein, and which excludes minors by virtue
of age.
AUDIENCE
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
DISPLAY PUBLICLY
Exposing, placing, posting, exhibiting, or in any other fashion
displaying in any location, whether public or private, material or
a performance in such a manner that it may be readily seen and its
content or character distinguished by viewing it in or from a public
place or vehicle.
DISSEMINATE
Manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material or to offer or agree to do
the same, or to have in one's possession with intent to do the
same.
LEWD MATERIAL
Any material or performance in which all of the following
elements are present:
A.
Considered as a whole, by the average person, applying the contemporary
community standards of Richmond Township, it appeals to the prurient
interest in sex.
B.
It depicts, describes or represents in a patently offensive
way, sexual conduct, as hereinafter defined.
C.
Taken as a whole, it lacks serious literary, artistic, political,
educational, or scientific values.
MASSAGE
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment, or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
MASSAGE PARLOR
Any establishment having a source of income or compensation
derived from the practice of massage and which has a fixed place of
business where any person, firm, association or corporation engages
in or carries on the practice of massage.
MATERIAL
Any printed matter, visual representation, or sound recording,
including, but not limited to books, magazines, motion picture films,
pamphlets, newspapers, pictures, photographs, drawings, three-dimensional
forms, sculptures, and phonograph, tape or wire recordings.
NUDITY
Uncovered, or less than opaquely covered, post-pubertal Human
genitals or pubic area, the post pubertal human female breast below
a point immediately above the bop of the areola or the covered human
male genitals in a discernibly turgid state. For the purpose of this
definition, a female breast is considered uncovered if the nipple
only or the nipple and the areola only are covered.
PANDER
Advertising or propagandizing in connection with the sale
of material, the offering of a service, or the presentation or exhibitions
of a performance by appealing to the prurient interest of potential
customers.
PERFORMANCE
Any live or reproduced exhibition including, but not limited
to, any play, motion picture film, dance or appearance presented to
or performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PRURIENT INTEREST
Desire or craving for sexual stimulation or gratification.
In determining prurient interest, the material or performance shall
be judged with reference to average persons, unless it appears from
the character of the material or performance that it is designed to
appeal to the prurient interest of a particular group of persons including,
but not limited to, homosexuals or sadomasochists. In that case, it
shall be judged with reference to the particular group for which it
was designated.
PUBLIC PLACE OR VEHICLE
Any street, alley, park, boulevard, school or other public
property of any dance hall, rental hall, theater, amusement park,
liquor establishment, store, depot, place of public accommodation,
or other private property in Richmond Township generally frequented
by the public for the purposes of education, recreation, amusement,
entertainment, sport, shopping or travel; or any vehicle for public
transportation, owned or operated by the government, either directly
or through a public corporation or authority, or owned or operated
by any nongovernmental agency for the use, enjoyment or transportation
of the general public.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in a sexually revealing or bizarre costume,
or the condition of such person being fettered, bound or otherwise
physically restrained, in an apparent act of sexual stimulation or
gratification.
SEXUAL CONDUCT
B.
Sexual intercourse, whether genital-genital, oral-genital, oral-anal,
or anal-genital.
C.
Any erotic fondling or touching of the covered or uncovered
genital, buttocks, pubic area or any part of the breasts of the female,
whether the conduct described in subparagraphs (1) through (3) is
engaged in alone or between members of the same or opposite sex, or
between humans and animals or humans and inanimate objects.
D.
Actual or simulated display or exhibition of the human pubic
area or genitals or any part thereof.
E.
Sexual excitement, as hereinafter defined.
F.
Sadomasochistic abuse as herein defined.
SEXUAL EXCITEMENT
The facial expressions, movements, utterances or other physical
responses of a human male or female, whether alone or with others,
whether clothed or not, who is in an apparent state of sexual stimulation
or arousal, or experiencing the physical or sensual reactions of humans
engaging in or witnessing sexual conduct.
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As used in this Part, the masculine shall include the feminine
and neuter.
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