As used in this chapter, the following terms shall have the
meanings indicated:
ADULT BOOKSTORE
An establishment having, as a preponderance, a substantial
or significant portion of its stock in-trade books, magazines, films
for sale or viewing on premises, by use of motion-picture devices
or any other coin-operated means and other periodicals which are distinguished
or characterized by their emphasis on matter depicting or relating
to specified sexual activities or specified anatomical areas or an
establishment with a segment or section devoted to the sale or display
of such materials.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of less than fifty (50)
persons used for presenting a preponderance of material distinguished
or characterized by emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas, for
observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of fifty (50) or more
persons used for presenting a preponderance of films or films consisting
of materials distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified anatomical areas or
specified sexual activities for observation by patrons therein.
CABARET
A nightclub, theater or establishment which features live
performances by topless and/or bottomless dancers, waiters, waitresses,
bartenders or barmaids, go-go dancers, exotic dancers, strippers or
similar entertainers, where such performances are distinguished or
characterized by emphasis on specified sexual conduct or specified
anatomical areas.
MASSAGE PARLOR
Any place where for any form of consideration or gratuity
a massage, alcohol rub or administration of electric or magnetic treatments
or any other treatment or manipulation of the human body occurs as
part of or in connection with specified sexual activities or where
any person providing such treatment, manipulation or service relating
thereto exposes specified anatomical areas.
No business shall be allowed to operate an adult motion-picture
theater or an adult mini-motion-picture theater in the Township of
Plumsted.
Former Sections 1-5 — 1-18, pertaining to massage parlors was repealed in its entirety by Ordinance No. 2013-04. See Ch.
57AA Therapeutic Massage Establishments.
No cabaret, nightclub, theater or other establishment which
features live performances by topless and/or bottomless dancers, waiters,
waitresses, bartenders and barmaids, go-go dancers, exotic dancers,
strippers or similar entertainers, where such performances are distinguished
or characterized by emphasis on specified sexual conduct or specified
anatomical areas, shall be allowed within the Township of Plumsted.
Should the establishments prohibited by this chapter be deemed
to be allowable pursuant to constitutional standards as determined
by a court of competent jurisdiction, then such establishment, in
order to do business within the Township of Plumsted, must file a
community impact statement.
A. Filing of community impact statements. Upon the determination that
a prohibited act of this chapter is unconstitutional and must be allowed
to operate in some form within the Township of Plumsted, then said
business shall file with the Township a community impact statement
for licensure of said business. No business license shall be issued
to any proposed business which is determined by the governing body
of the Township of Plumsted to be oriented towards serving or attracting
a transient population of customers or patrons. Furthermore, a license
shall not be issued to any establishment whose activity may not be
reasonably related to the health, education, safety and welfare of
the community, until said business has first prepared and submitted
to the Township a community impact statement, as herein described.
B. Purpose. Businesses which are not family oriented and which may have
an adverse impact upon family commerce, recreation, education and
worship should be encouraged to locate in other communities where
their patronage would be more suitable and profitable and where their
impact would be more acceptable. In order to identify such businesses
to determine whether or not they should be licensed and what special
requirements, if any, should be imposed, the Township of Plumsted
shall require a study and review of probable impact on the community
of any proposed business activity oriented towards serving or attracting
a special population of customers and not oriented toward activities
reasonably related to the health, education, safety and welfare of
the family.
C. Contents of community impact statements. Community impact statements
shall contain the following elements:
(1) A detailed description of the proposed business; names and addresses
of all owners and shareholders, officers and directors thereof; proposed
location; description of building and facilities; description of merchandise
or services to be sold or otherwise provided; proposed hours of operation;
profile of expected customers; projected market area; and reference
to other similar business operations.
(2) An analysis of the existing business community within a three-hundred-foot
radius of the proposed location, including the following factors,
at a minimum:
(d)
Economic growth/deterioration.
(f)
Proximity of residential neighborhoods.
(g)
Proximity of schools, churches and public facilities.
(3) The impact of the proposed business upon the factors described in Subsection
B above.
(4) The impact of the proposed business upon the physical health, mental
health and social health and social environment of Plumsted Township.
(5) The names, addresses and signatures of owners of property within a two-hundred-foot radius of the proposed establishment attesting to the fact that those signing gave no objection to the type of business to be conducted under Subsection
C(1) above.
(6) Alternative locations for the proposed business and/or alternative
business for the proposed location.
D. Review and decision-making process.
(1) A completed community impact statement, together with twenty (20)
copies, shall be filed by the applicant with the Township Clerk and
Planning Board Secretary and other parties requesting the same. The
Township Clerk may assess a charge for the cost of copying any completed
community impact statement issued to private parties.
(2) The Clerk shall invite comment, to be made within thirty (30) days,
on the community impact statement from the Township's Planning
Consultant and Planning Board Engineer. Within sixty (60) days, the
Planning Board shall make recommendations to the Township Committee
on whether the applicant's business license shall be granted
or denied and/or whether certain steps shall be taken by the applicant
to reduce the adverse impacts of its proposed business on Plumsted
Township.
(3) The Township Committee shall then schedule a public hearing for the
purpose of considering issuance of the business license to the applicant.
At the conclusion of the public hearing and any continuances thereof,
the Township Committee shall either grant or deny the business license
or grant the business license subject to conditions.
(4) It shall be valid grounds for the denial of a business license if
the Township Committee finds that a proposed business will have significant
adverse impact upon the community and will be significantly inconsistent
with the purposes of this chapter. The possibility of mitigating measures
agreed to be the applicant shall be taken into account.
(5) No business license shall be denied solely on the basis of the contents
of written, audio or visual communications sold or made available
to customers unless the same is found to be obscene as defined by
N.J.S.A. 2C:34-2 et seq.
E. Retroactive effect. All procedural elements of this chapter shall
have retroactive as well as prospective application to any and all
businesses that have not received a final and unconditional business
license on the date of enactment hereof. The substantive elements
of this chapter are deemed to be necessary for the immediate protection
of the public health, safety and general welfare and shall also apply
to aid businesses.
F. Review of licenses.
(1) The Township Committee shall maintain continuing jurisdiction to
review the licenses of all businesses which were granted after Township
Committee review of the business's community impact statement
in order to assure that the public interest is served by the businesses
having been issued the same.
(2) Review proceedings may be initiated in any of the following ways:
(a)
Upon written request of the Township Committee on any of the
following grounds:
[1]
Violation of the Plumsted Township ordinances, including but
not limited to the Zoning, Subdivision, Building, Plumbing, Mechanical
or Fire Code of the Township or of the Township's anti-obscenity
ordinance.
[2]
Conducting activities other than as described in the community
impact statement.
[3]
Violation of any condition of the business license.
[4]
If there has been a material change in the licensee's business
activities and/or in the merchandise or services provided to customers,
which change may have adverse impact on the community, in violation
of the goals and purposes of this chapter.
(b)
Upon petition filed with the Township Clerk of not fewer than
twenty-five (25) property owners or tenants or fifty percent (50%)
of all of the property owners or tenants within a three hundred-foot
radius of the subject premises, stating that said business has a significant
adverse impact on the community and is significantly inconsistent
with the criteria for family-oriented businesses established by this
chapter.
G. Review procedure; Committee action.
(1) Upon receipt of a request for review proceedings, the Township Committee
shall set a date for public hearing and direct the Township Clerk
to mail the licensee notice.
(2) The Township Clerk shall send the licensee notice of the date, time
and place of the public hearing by certified mail to the licensee's
business address, as stated on its business license. Notices shall
also be mailed to those persons whose names and addresses appear on
the petition, if such was filed.
(3) After the public hearing, the Township Committee may revoke the business
license on any of the following grounds:
(a)
The licensee has made a materially false, incomplete or misleading
statement in any application for the business license or in the community
impact statement.
(b)
The nature of the business and/or the character of the surrounding
area has so changed, such that the business will have a significant
adverse impact upon the community and will be significantly inconsistent
with the purposes of this chapter.
(c)
There are material violations of Zoning, Subdivision, Building,
Plumbing, Mechanical or Fire Codes of the Township or of any other
ordinances of the Township.