[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 8-27-96 as Ord. No. 96-06. Amendments noted where applicable.]
As used in this Article:
Includes any dancing exhibition involving: (1) dancing in
a licentious or sexually suggestive manner, (2) nude or nearly nude
dancing, (3) dancing in insufficient attire, which shall include attire
that: (i) is so thinly veiled as to allow viewing of most of the female
breasts or any of the male or female genital areas, (ii) is so tight
as to allow visual observation of the shape of the female breasts
or of the female or male genitals, or (iii) is so minimal as to visually
expose most or all of the female breasts or any of the male or female
genital areas; or (4) touching between a hired dancer and a patron.
An establishment's distance from a church or other religious
institution, a private or public school or a residence, for purposes
of this ordinance, is the shortest linear distance between any part
of the outside of the building in which the establishment is located
to any part of the outside of the nearest church or other religious
institution, private or public school or residential structure.
Includes any person performing, showing, exhibiting, acting
or representing in such a manner or attire as to expose to view any
portion of the pubic area, anus, vulva or genitals, or any simulation
thereof, or any female showing, performing, exhibiting, acting or
representing in which a manner or attire as to expose or view that
portion of the breast referred to as the areola or nipple, or simulation
thereof.
"Nude or nearly nude activity" also includes any person performing,
showing, exhibiting, acting or representing any dance, episode or
musical entertainment in a lewd or indecent manner so that the average
person, applying contemporary community standards, would find that
the work, taken as a whole, appeals to the prurient interest, or for
any performer to perform, show, exhibit, act or represent any dance,
episode or musical entertainment the purpose or effect of which is
to direct the attention of the spectator to the breast, buttocks or
genital organs of the performer, whether clothed or unclothed.
An owner of an establishment with a retail alcoholic beverage
consumption license, an officer or director of a corporate owner of
such establishment, an on premises manager of the establishment, or
an on premises person-in-charge of the establishment.
It shall be unlawful for any person to conduct or perform, or
allow to be conducted or performed any nude or nearly nude activity
on or within any premises for which a retail alcoholic consumption
license has been issued. Furthermore, it shall be unlawful for dancing
exhibition involving (1) dancing in a licentious or sexually suggestive
manner, (2) dancing nude, (3) dancing in insufficient attire, which
shall include attire which: (i) is so thinly veiled as to allow viewing
of most of the female breasts or any of the male or female genital
areas, (ii) is so tight as to allow visual observation of the shape
of the female breasts or of the male genitals, or (iii) is so minimal
as to visually expose most or all of the female breasts or any of
the male or female genital areas, or (4) touching between a hired
dancer and a patron, to take place on or within any premises for which
a retail alcoholic consumption license has been issued.
No dancer shall engage in prohibited go-go dancing in or about
any establishment with a retail alcoholic beverage license in the
Town of Secaucus, and no responsible person shall suffer, permit or
allow sexually oriented go-go dancing in any such establishment in
the Town of Secaucus.
No dancer shall engage in go-go dancing in or about any establishment
with a retail alcoholic beverage consumption license in the Town of
Secaucus which is located within 1,500 feet distance from church or
other religious institution, private or public school, or a residence,
and no responsible person shall suffer, permit or allow go-go dancing
in any such establishment in the Town of Secaucus which is located
within 1,500 feet distance from a residence.
Any go-go bar which operates a retail establishment as licensed
by the Town of Secaucus at the effective date of this Article is excluded
from this limitation, so as to protect the property interest of those
presently operating under a liquor license issued by the Town of Secaucus.
The exclusion right of existing go-go bars is nontransferable and
terminates upon any transfer of the plenary retail consumption license.
A minimum of 25 parking spaces shall be provided for the patrons
of the bar. Such parking shall be paved, striped and appropriately
marked.
Any dancer or responsible person who violates any provision
of this Article, shall be subject, at the discretion of the Municipal
Court of the Town of Secaucus, to a fine of up to $500 and to imprisonment
for up to 30 days. Each separate day on which a violation occurs shall
constitute a separate offense. Any penalties imposed by the Municipal
Court of the Town of Secaucus or by the N.J. Division of Alcoholic
Beverage Control for violation of this Article or for the activity
which constitutes violation of this Article.
It shall be the duty of the Police Department of the Town of
Secaucus to enforce the provisions of this Article.
This entire Article shall be deemed and construed to be an exercise
of the police power of the Town of Secaucus in the State of New Jersey
and all of its provisions shall be liberally construed with a view
to the effectuation of such purpose.
[Adopted 8-27-96 as Ord. No. 96-07]
As used in this Article:
An establishment having as a substantial or significant portion
of its stock in trade, books, magazines, other periodicals, films,
or other viewing material which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
"specified sexual activities", "sexual conduct", "specified anatomical
areas", or an establishment in which a segment or section of the premises
is devoted to the sale, rental, display or viewing of such material.
A live performance, act or dance performed by a nude or semi-nude
entertainer, or other person, which depicts a person or persons engaging
in or which call attention to, exhibits, shows or involves "specified
sexual activities", or "specified anatomical areas," as defined herein.
An enclosed building with a capacity of less than 50 persons
used for presenting material, films, or movies distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities", "sexual conduct", or "specified anatomical areas"
as defined herein, for the observation by patrons therein. This definition
shall also apply to an enclosed building which contains any number
of individual viewing booths in which a patron may privately or individually
view material, films, or movies containing material as specified herein,
or adult live entertainment.
An enclosed building used primarily for presenting material,
films or movies distinguished or characterized by an emphasis on matter
to "specified sexual activities", "sexual conduct", or ''specified
anatomical areas", as defined herein, for observation by patrons therein.
An establishment's distance from a church or other religious
institution, public or private school, or a residential area, for
purposes of this Article, is the shortest linear distance between
any part of the outside of the building in which the establishment
is located, to any part of the outside of the nearest church or other
religious institution, public or private school or residence.
Any person who owns or operates an establishment or trade
which can be defined as an adult bookstore, adult motion picture theater
or adult mini-motion picture theater.
Human masturbation, sexual intercourse, or any touching of
the genitals, pubic areas or buttocks of the human male or female
or the breasts of the female whether alone or between a member of
the same or opposite sex or between an act of apparent sexual stimulation
or gratification.
(1) Less than completely and opaquely covered human genitals,
pubic regions, buttocks, and/or female breasts below the point immediately
above the top of the areola, or (2) human male genital, even if completely
or opaquely covered.
(1) Human genitals in a state of sexual stimulation or arousal
or (2) any act of human masturbation, sexual intercourse or sodomy,
or (3) fondling or other erotic touching of human genitals, pubic
region, buttock or female breast.
No adult bookstores, adult motion picture theaters or adult
mini-motion picture theaters may be located within 1,000 feet of a
church or other religious institution, public or private school or
residentially zoned area, regardless of whether or not such zone is
actually developed for residence, in the Town of Secaucus. All distances
shall be measured along a straight line from the nearest boundary
line on the lot on which the proposed adult bookstores, adult motion
picture theater or adult mini-motion picture theater, is to be located
to the nearest point on a property boundary line on which is located
a church or other religious institution, private or public school
or residential zone.
Adult bookstores shall not display or permit to be displayed
at the premises any of its books, magazines, other periodicals, films,
or other viewing material which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
"specified sexual activities", "sexual conduct", "specified anatomical
areas", at a height of less than five feet or without a blinder or
other covering placed or printed on the front of the material displayed.
Any public display of subject material shall constitute presumptive
evidence that the premises knowingly made or permitted the display.
A minimum of 25 parking spaces shall be provided for the patrons
of the bookstores or theater. Such parking shall be paved, striped
and appropriately marked.
Any person who violates any of the provisions of this Article
shall be subject, at the discretion of the Municipal Court of the
Town of Secaucus, to a fine of up to $500 and to imprisonment for
up to 30 days. Each separate day on which a violation occurs shall
constitute a separate offense. Any penalties imposed by the Municipal
Court of the Town of Secaucus for violation of this Article or for
the activity which constitutes violation of this Article.
Any adult bookstore or motion picture theater which operates
a retail establishment as licensed by the Town of Secaucus at the
effective date of this Ordinance is excluded from this limitation,
so as to protect the property interest of those presently operating.
The exclusion right of existing adult bookstore or motion picture
theater is nontransferable and terminates upon any transfer of the
plenary retail consumption license.
It shall be the duty of the Police Department of the Town of
Secaucus to enforce the provisions of this Article.
This entire Article shall be deemed and construed to be an exercise
of the police power of the Town of Secaucus in the State of New Jersey
and all of its provisions shall be liberally construed with a view
to the effectuation of such purpose.
