[Ord. 416 (2002-4), 6/12/2002, § 1]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part to have the meanings herein
indicated:
An establishment open to the general public except persons
under the age of 18 years where more than 10% of the occupied area
of the facility is used for one of the following purposes:
ADULT BOOK STOREAn establishment which offers for sale, rent, loan or view on the premises, pictures, photographs, drawings, sculptures, motion picture film, video or similar visual representation of sexual conduct or sexual excitement or books pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts of sexual conduct or sexual excitement; or offers for sale devices, equipment, stimulants or other materials for use in sexual conduct or sexual excitement.
ADULT THEATERAn establishment in which there is offered for review motion picture films or similar visual representation of sexual conduct or excitement commonly referred to as "X-rated" movies, peep shows or the equivalent thereof.
CABARETAn establishment, club, restaurant, theater or hall which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or specified sexual activities for observation by patrons thereof.
ADULT MASSAGE PARLOR OR STUDIOA commercial establishment whose business emphasis is the administration of sexually oriented massage to patrons by employees.
Acts of masturbation, homosexuality, sexual intercourse or
physical contact with a person's clothed or unclothed genitals,
pubic area, buttocks or, if such person be a female, breast.
[Ord. 416 (2002-4), 6/12/2002, § 2]
No person or group shall engage or continue to engage in any
adult regulated facility in the Borough of Glen Rock except as authorized
by this Part without having obtained a license therefor from the Glen
Rock Borough Council.
[Ord. 416 (2002-4), 6/12/2002, § 3]
Application for such license shall be in writing, under oath,
and in the form prescribed by Glen Rock Borough Council. Said application
shall contain the name of the applicant, his address, his length of
residence at such address, his previous criminal record, if any, the
address of the premises upon which such business shall be conducted,
established or operated, the name and address of the owner(s) of said
property, if other than the applicant. Upon any subsequent applications,
a statement shall be included which indicates that the applicant,
during the preceding term of his license, did comply with and did
maintain his premises in full compliance with the provisions of this
Part. Each application shall describe the premises upon which the
adult regulated facility is to be established or operated, specifying
therein setback lines, structures erected thereon, dwellings erected
upon the premises adjacent to the premises proposed to be used and
a reference to the place where the deed is recorded. If the applicant
is a partnership or association, the application shall furnish the
above information for every partner or member thereof. If the applicant
is a corporation, the application shall furnish the above information
for each officer and director thereof. The application shall be signed
by the applicant, if an individual, by all partner/members, if the
applicant is a partnership or association, and by the President and
Secretary if the applicant is a corporation. A separate application
shall be required for each adult regulated facility.
[Ord. 416 (2002-4), 6/12/2002, § 4; as amended
by Ord. 490 (2017-05), 10/18/2017]
Every adult regulated facility proprietor shall pay an annual license fee in an amount as established, from time to time, by resolution of Borough Council, for every new license or renewal thereof issued hereunder. If the adult regulated facility is operating for more than one of the purposes as defined in § 6-701 above at one or more locations, an annual license fee shall be paid for each purpose at each location. All licenses shall be issued for a term of one year beginning January 1 and ending December 31 of the same year. No abatement of the annual license fee shall be made for any cause whatsoever. All licenses must be renewed annually on or before January 1 of each year. Such license shall be issued upon the condition that the same may be summarily revoked in the event the said licensee is found to have given false information or in any way misrepresented any material fact upon which the issuing authority has relied in granting such license. No refunds shall be given in such case.
[Ord. 416 (2002-4), 6/12/2002, § 5]
The Glen Rock Borough Council, upon receipt of an application
under this Part, shall determine whether or not a license shall be
issued or a renewal thereof shall be granted. After examination of
the application and upon the fullest consideration of the suitability
of the premises proposed to be used for the purposes of the license,
the character of the property adjacent thereto and the effect of the
proposed use, taking into consideration the health, welfare and safety
of the residents of the Borough, in the event that the Borough shall
issue a license, it may impose upon the license and the applicant,
such terms and conditions in addition to the regulations herein contained
and adopted pursuant to this Part as may be deemed necessary to carry
out the spirit and intent of this Part. Upon approval of the application
for license, the Glen Rock Borough Council shall issue to the applicant
a license upon which said license shall be designated the name of
the adult regulated facility, proprietor and the address of the premises
approved for use as an adult regulated facility. Such license shall
at all times be conspicuously posted upon the premises licensed thereunder.
No such license issued by Borough Council shall be transferable or
assignable by agreement, will, intestacy or otherwise.
[Ord. 416 (2002-4), 6/12/2002, § 6]
No license or renewal thereof shall be issued to any person
who has been twice convicted of a violation of any terms or provisions
of this Part within any one license period.
[Ord. 416 (2002-4), 6/12/2002, § 7]
1.
An adult regulated facility shall not be located within 1,000 feet
of any other regulated facility.
2.
An adult regulated facility shall not be located within 1,000 feet
of any public or private school, daycare facility, public recreation
facility or any house of worship.
3.
No materials, merchandise, film or service offered for sale, rent,
lease, loan or view shall be exhibited, displayed or graphically represented
outside of a building or structure.
4.
Any building or structure used and occupied as an adult regulated
facility shall be windowless or have an opaque covering over all windows
or doors of any area in which materials, merchandise, film service
or entertainment are exhibited or displayed and no sale materials,
merchandise, film or other offered items or service shall be visible
from outside the structure.
5.
No signs shall be erected upon the premises depicting or giving a
visual representation of the type of materials, merchandise, films,
service or entertainment offered therein.
6.
Each and every entrance to the structure shall be posted with notice
at least four square feet that the use is an adult regulated facility,
that persons under the age of 18 are not permitted to enter and warning
all others that they may be offended upon entry.
7.
No adult regulated facility, as defined in this Part, shall be granted
a license under the provisions hereof unless off-street parking is
offered within the property owner's boundary lines.
[Ord. 416 (2002-4), 6/12/2002, § 8]
The Mayor of Glen Rock Borough or any other appointed official
shall from time to time regularly inspect the premises of every licensee
hereunder for the purpose of determining whether said licensee has
established and maintained the licensed premises in full compliance
with the provisions of this Part and such rules and regulations which
may hereafter be adopted by the Glen Rock Borough Council regulating
and licensing adult regulated facilities and the establishment and
maintenance of said facilities. The Mayor of Glen Rock or the appointed
official shall forthwith prosecute any discovered violations of this
Part. A report of such inspection shall be filed in writing with the
Borough Council.
[Ord. 416 (2002-4), 6/12/2002, § 9]
The Mayor is hereby authorized to suspend any license issued
under this Part when he shall deem suspension to be beneficial to
the public health, safety or morals of Borough residents or for violation
of any provisions of this Part or for giving false information upon
any application for a license hereunder. Appeals from any suspension
may be made to Borough Council at any time within 10 days after suspension.
No part of a license fee shall be refunded to any person whose license
shall have been suspended.
[Ord. 416 (2002-4), 6/12/2002, § 10; as amended
by Ord. 490 (2017-05), 10/18/2017]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not less than $100 nor more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues or
each section of this Part which shall be found to have been violated
shall constitute a separate offense.
