[Ord. No. 98-639 § 1]
These regulations are adopted in furtherance of all of the public
purposes of municipal zoning and planning, including, but not limited
to, guiding the appropriate use and development of the Borough of
Pine Hill in a manner which will promote the public health, safety,
morals and general welfare, and in order to meet the needs of citizens
of the Borough of Pine Hill and of the State of New Jersey, while
maintaining the quality and character of the Borough and deterring
the growth and spread of blight and crime, especially prostitution,
sexual offenses, public indecencies and related offenses. It is recognized
there are some uses commonly known as "adult uses" which, because
of their very nature, are recognized as having serious objectionable
operational characteristics, particularly when such uses are located
near residential areas or in other inappropriate locations, or without
sufficient showing that such uses in a specified location will comply
with conditions and standards for location and operation of such uses.
Therefore, special regulation of these objectionable adult uses is
deemed necessary to insure that adverse effects will not contribute
to the blighting or downgrading of the Borough of Pine Hill. In no
manner is the fact that the Borough of Pine Hill regulates any or
all of the adult uses described herein, or prohibits or allows them
in any respect, to be construed as approval of, or condoning such
uses.
[Ord. No. 98-639 § 2]
Shall mean an establishment, from which minors are excluded,
having a substantial or significant portion of its stock-in-trade,
books, magazines, or other periodicals, films or other viewing material
or sexual paraphernalia which are distinguished or characterized by
their emphasis on matters depicting, describing or related to "specified
sexual activities" or "specified anatomical areas" as defined herein,
or an establishment in which a segment or section of the premises
is diverted to the sale, rental, display or viewing of such material.
Shall mean an enclosed building with a capacity of less than
50 persons, from which minors are excluded, used for presenting material,
films, movies, video or live shows, distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined herein,
for observation by patrons therein. This definition shall also apply
to an enclosed building which contains any number of individual viewing
booths not in excess of the maximum permitted by separate ordinance
of the Borough of Pine Hill, in which a person may privately or individually
view material, films, movies, videos or live shows distinguished or
characterized by an emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas,"
as defined herein.
Shall mean any individual, proprietorship, partnership, corporation,
association, or other legal entity.
Shall have the meaning as set forth in N.J.S.A. 2C:33-12.2A(1)
and N.J.S.A. 2C:34-6a.
Shall have the meaning set forth in N.J.S.A. 2C:33-12.2A(3)
and N.J.S.A. 2C:34-6c.
Shall have the meaning set forth in N.J.S.A. 2C:33-12.2A(4)
and N.J.S.A. 2C:34-6d.
[Ord. No. 98-639 § 3]
a.
No person shall operate an adult bookstore, similar adult use or
a sexually oriented business within 1,000 feet of an existing adult
bookstore, similar adult use or sexually oriented business, or any
church, synagogue, temple or other place of public worship, or any
elementary or secondary school or any school bus stop, or any municipal
or county playground or place of public resort and recreation, or
within 1,000 feet of any area zoned for residential use or within
1,000 feet of any premise licensed for the sale or distribution of
alcoholic beverages. The foregoing distance limitation shall be measured
by a straight line drawn from the nearest point of the lot boundary
on which the proposed adult bookstore, adult use or sexually oriented
business is to be located to the nearest point of the lot or district
boundary, as the case may be, of the other use or district, and such
uses, district boundary lines and dimensions shall be indicated on
a submitted plan by the person making an application for license to
conduct such adult use.
b.
Such adult use must be located in a freestanding building which will
include a buffer zone to separate it from all other businesses, said
perimeter buffer being at least 50 feet in width with plantings, fence
or other physical divider along the outside of the perimeter sufficient
to impede the view of the interior of the premises in which the business
is located.
c.
Off-street parking shall be provided at the ratio required pursuant
to the Borough of Pine Hill Zoning and Land Use and Development Ordinances.
d.
Any sign shall meet the requirements specified for retail/commercial
businesses in the Borough of Pine Hill Zoning and Land Use and Development
Ordinances, however, no "specified anatomical areas" or "specified
sexual activity" shall be shown, described or displayed on any sign,
advertisement or exhibit that is visible from the outside of the building
premises.
e.
The interior of the adult use building shall be designed so that
no interior contents of the building are visible at any time from
the outside through windows, door openings or in any other manner.
f.
The interior of any building in which an adult use is located shall
be adequately lighted and ventilated and shall be constructed so that
every portion thereof is readily visible without obstruction to the
Clerk or other person in charge of the building from the counter,
booth, cash register or other place where such Clerk or employee is
normally situated.
g.
All applicable BOCA Code requirements, applicable health, safety
and welfare ordinance requirement and other applicable Zoning and
Land Use and Development Ordinance requirements shall be satisfied
by the applicant.
[Ord. No. 98-639 § 4]
a.
No person shall maintain, operate or conduct an adult use business
as defined herein without having first obtained a license for such
use.
b.
An application for such a license under this article shall be made
to the Borough Clerk on forms to be supplied for this purpose and
shall be subscribed and sworn to by the applicant. The application
for the license shall contain the following:
1.
Name and address of the owner of the premises. The name and address
of the applicant if different than the owner, i.e., lessee.
2.
Name under which the business is to be operated.
3.
Detailed description of the type of adult use business to be conducted
on the premises.
4.
Hours of operation.
5.
Information indicating whether the applicant has ever been convicted
or pleaded guilty to a crime relating to narcotics or a controlled
dangerous substance as defined in the Statutes of the State of New
Jersey, or a crime pertaining to gambling or gambling in violation
of the Statutes of the State of New Jersey, or a crime involving moral
turpitude.
7.
In the case of an adult use which contains viewing booths, seats,
coin operated machines or similar devices, a separate application
shall be filed pursuant the Borough Ordinance "To License and Regulate
Automatic Amusement Devices."[1]
8.
Every application for a license to engage in an adult use of the
type governed by this article shall be filed at least 30 days prior
to the date on which the operation is proposed to commence.
[Ord. No. 98-639 § 5]
Every licensee of an adult use as defined in this article shall
comply with the following regulations as applicable:
a.
The licensed premises and all activities conducted therein shall
in all respects comply with the laws of the State of New Jersey and
the ordinances of the Borough of Pine Hill.
b.
No person under the age of 18 shall be admitted to any licensed premises
at any time for any purpose. Licensee shall conspicuously post a sign
giving notice of this regulation.
c.
The license to conduct said adult business shall be posted in a conspicuous
place on the premises.
d.
The hours of operation for an adult use as defined in this article
shall not be earlier than 9:00 a.m. nor later than 12:00 midnight,
prevailing time on weekdays and Saturday. All licensed premises shall
be closed on Sundays.
e.
No smoking is permitted in any adult mini motion picture/live entertainment
theater at any time. No consumption of alcoholic beverages is permitted
at any time in any adult use as defined in this article.
f.
No licensee shall cause or permit any premise licensed under this
article to be operated in such a manner as to constitute a nuisance
as defined in N.J.S.A. 2C:33-12, or as defined pursuant to the ordinances
of the Borough of Pine Hill.
g.
All licensed premises with coin operated machine or machines or other
similar type of devices shall only be permitted by issuance of a separate
currently valid license by the Borough of Pine Hill pursuant to its
ordinance "To License and Regulate Automatic Amusement Devices."[1]
h.
Any police officer, Uniform Construction Code or Subcode Official,
any Zoning Officer, any Property Maintenance Officer, or similar authorized
official of the Borough of Pine Hill shall be authorized to enter
such licensed premises at any time for purposes of inspection and/or
enforcement of the provisions of this ordinance and the laws of the
State of New Jersey and the ordinance of the Borough of Pine Hill
as applicable.
[Ord. No. 98-639 § 6]
a.
The application fee for a license shall be $100.
b.
All adult bookstore, similar adult uses or sexually oriented businesses
shall be required to pay an annual fee for the license of $100. The
fee is in lieu of the mercantile license fee and represents the fair
cost for administering the regulation of such adult uses.
[Ord. No. 98-639 § 7]
a.
All licenses issued pursuant to this article shall be for a term
of one year, commencing on January 1st and expiring on December 31st,
of the year of issuance. License fee shall be pro rated for such use
commencing less than one year from the date of January 1st.
b.
A license may not be transferred from one owner/applicant without
the filing of an application by the new owner/applicant with the Borough
pursuant to the requirements of this ordinance. There shall be a fee
of $100 for all transfers.
c.
All licenses are required to be renewed annually by submission of
the applicable fee as set forth in this article.
[Ord. No. 98-639 § 7]
a.
Upon receipt of an application for an adult use as described in this
article, the governing body for the Borough of Pine Hill shall proceed
to consider the application, and shall either approve or disapprove
the issuance of a license to said applicant.
b.
The decision of the governing body for the Borough of Pine Hill in
approving or disapproving this application shall be taken no later
than the second regular meeting of the governing body following submission
of the application and payment of the required fees by the applicant.
A failure to take such action within such time by the governing body
shall constitute an approval of the application. An application shall
not be considered complete, and no action shall be taken thereon,
until the license fee shall have been paid.
c.
If the application is approved, the governing body shall authorize
the Borough Clerk to issue the necessary license. If the application
is disapproved, the applicant shall be notified in writing of the
disapproval and the reasons therefor. The applicant, upon being advised
of the denial of his application, may within 10 days of denial, request
in writing a hearing before the governing body, at which time the
applicant shall be afforded an opportunity to dispute or disprove
the reasons for said denial at the hearing provided. The applicant
may be represented by an attorney at said hearing. The governing body
shall either affirm or deny the application within 15 days after the
date of the hearing unless there is an extension of time agreed to
by both the applicant and the governing body.
[Ord. No. 98-639 § 8]
a.
At any time after the granting of a license under this article, the
governing body for the Borough of Pine Hill in the exercise of its
reasonable discretion, may revoke the license if it is determined
a violation of any of the following has occurred.
1.
False or misrepresented information on the application furnished
by the applicant.
2.
Failure to maintain premises in accordance with the laws of the State
of New Jersey, or the ordinances of the Borough of Pine Hill.
3.
Violation of the article regulating adult uses.
4.
Such other valid causes as may be determined by the governing body.
Upon being advised of a revocation of a license, the licensee
may request a hearing and be afforded an opportunity to dispute or
disprove the reasons for said revocation at said hearing. The licensee
shall request said hearing within 14 days of the notice of revocation.
The licensee may be represented by an attorney at said hearing. The
governing body shall either affirm or reverse its decision in revoking
said license within 15 days of the date of said hearing, unless there
is an extension of time agreed to by both the licensee and the governing
body.
[Ord. No. 98-639 § 9]
This article shall not apply to existing adult uses, except
for the following:
a.
Payment of annual fee for licensing an adult use.
b.
Posting of license and notice to minors.
c.
Compliance with the laws of the State of New Jersey, and the ordinance
of the Borough of Pine Hill as relate to the BOCA Code, general health,
safety and welfare regulations, and zoning and land use and development
regulations, as applicable to the existing licensed premise/operation.
[Ord. No. 98-639 § 10]
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction for such violation, be fined
a sum not exceeding $1,000 or committed to the county jail for a term
not exceeding 30 days, or both, at the discretion of the Court.
[Ord. No. 98-639 § 11]
Each and every day in which a violation of any provision of
this article exists shall constitute a separate violation.
