[HISTORY: Adopted by the Township Council of the Township of Gloucester 2-22-1999 by Ord. No. O-99-04. Amendments noted where applicable.]
A. 
The purpose of this chapter is to regulate adult use establishments which, unless regulated, may have an adverse secondary effect on the community, public health, safety and welfare, which secondary effects include, but are not limited to, depreciation of property values, deterioration of neighborhoods, increase in incidences crime, increase in blight, increases in vacancy rates of residential and commercial areas and increases in litter, noise and the interference with property owners' enjoyment of their property located in the vicinity of adult use establishments.
B. 
It is the further purpose of this chapter to prevent community-wide adverse impacts which can result from the concentration of adult use establishments in close proximity to each other or close proximity to incompatible uses such as schools, churches, parks, public buildings and public facilities.
An "adult use establishment" shall mean those business establishments defined as follows:
ADULT ARCADE
Any place to which the public is invited or permitted wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT CABARET
A nightclub, bar, restaurant or similar commercial establishment which features or permits:
[Amended 4-23-2001 by Ord. No. O-01-11]
A. 
Persons who appear in a state of nudity;
B. 
Live performances, or transmittal of live performances by video screen, which are characterized by exposure of specified anatomical areas or specified sexual activity;
C. 
Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
D. 
Activities by persons which are characterized by exposure of specified anatomical areas or specified sexual activities.
ADULT BOOKSTORE, ADULT NOVELTY STORE, ADULT VIDEO STORE
A business establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. 
Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
B. 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT MOTEL
A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:
A. 
Provides patrons with closed circuit television transmissions, film, motion pictures, video, slides or other photographic reproductions which depict specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions.
B. 
Offers a sleeping room for rent for a period of time that is less than 10 hours.
C. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
Any commercial establishment where, for any form of consideration, films, motion pictures, video, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
NUDITY or STATE OF NUDITY
The appearance of the human bare buttock, anus, male genitals or female genitals or female breast.
OBSCENE MATERIALS
The definition of obscene materials set forth in N.J.S.A. 2C:34-2, and as the same may be amended or supplemented from time to time, as well as in accordance with or not more restrictive than judicial interpretation pursuant to the US Constitution and the Constitution of New Jersey.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion-picture theater, or adult theater.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below the point immediately above the top of the areola. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A. 
The fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
C. 
Masturbation, actual or simulated.
D. 
Excretory functions as a part of or in connection with any of the activities set forth in Subsections A through C of this definition.
A. 
The following are required to be licensed:
(1) 
All owners and/or operators of an adult use establishment are required to be licensed to conduct, operate or permit the operation of an adult use establishment.
B. 
All owners and/or operators of an adult use establishment are required to file a list with the Township Clerk naming all employees employed at the adult use establishment. No person shall be permitted to work at an adult use establishment without having on his or her person at all times while at work an appropriate identification card showing that he or she is an employee of the licensee. The identification card shall be available at all times for inspection and shall be worn on the left breast of said employee during working periods.
C. 
Application forms to be used by the owner and/or operator of an adult use establishment shall be provided by the Township Clerk.
(1) 
If the applicant is an individual, the name and address must be listed and he or she must sign the application for a license as the applicant.
(2) 
If the applicant is a partnership, all partners' names and addresses must be listed on the application form.
(3) 
If the applicant is a corporation, the application form must disclose the name of the corporation, the name and address of the registered agent, the name and address of all shareholders owning more than 10% of the stock of the corporation, and the name and address of the person or persons who are or will operate or manage the adult use establishment.
(4) 
All individual applicants, all partners and all shareholders and registered agents must be 18 years of age and older.
(5) 
Every applicant for an adult use establishment shall give notice of the application by publication, the cost to be paid by the applicant, in two consecutive issues of the official newspaper circulating within the Township of Gloucester.
(a) 
The notice shall appear in the legal notice section provided for such publication and shall include:
[1] 
The fact the an adult use establishment application has been applied for;
[2] 
The exact location of the place of business for which the permit is sought;
[3] 
The names and addresses of all individual owners, partners, shareholders of 10% or more of the stock of a corporation, and the registered agent and register location for the corporation, and the trade name under which the adult use establishment will operate.
(b) 
The notice must be published not less than 14 days after the application is filed with the Clerk of the Township of Gloucester.
(c) 
Proof of publication must be provided to the Township Clerk and served on all property owners within 200 feet of the proposed adult use establishment.
(6) 
Each application for an adult use establishment shall be submitted to the Township Zoning Officer, Building Inspector and Local Fire Official for their review and approval. Said Zoning Officer, Building Inspector and Fire Official must provide approval or nonapproval within 60 days of their receipt of the application. Failure of the Zoning Officer, Building Inspector or Fire Official to either approve or not approve within the sixty-day requirement shall be deemed an approval, unless an extension of time is agreed to by the applicant.
[Added 6-9-2003 by Ord. No. O-03-18]
A. 
All licenses shall be issued by the Clerk of the Township of Gloucester. All licenses shall be renewed and reissued annually effective January 1 of each year after payment of the required fee and submission of the application form to the Township Clerk.
B. 
All licenses shall be posted and conspicuously displayed at or near the front entrance so that it may be easily read at any time. The Clerk of the Township of Gloucester shall also issue all identification cards required by this chapter.
C. 
The form of the license shall contain the name or names all individuals, partners, or corporate name with shareholders listed, including addresses, as well as the address of the adult use establishment operation.
D. 
The Township Clerk shall approve the issuance of the license within 90 days after receipt of a completed application, unless one or more of the following is found to be true:
(1) 
The applicant is under 18 years of age.
(2) 
The applicant is past due in his payment to the Township of Gloucester of taxes, fees, fines or penalties assessed against him or imposed upon him in relation to an adult use establishment.
(3) 
The applicant has provided false information, or answered any question falsely on the application form.
(4) 
The applicant has been convicted of a violation of this chapter within two years immediately preceding the application.
(5) 
The location of the adult use establishment has not been approved by the Zoning Officer, Township Building Inspector, or Fire Official.
(6) 
The license application fee has not been paid.
(7) 
The applicant has been the operator of or employed by an adult use establishment within the preceding 12 months which has been the subject of repeated action by the Gloucester Township Police Department for violations of this chapter, disorderly conduct by the patrons, employees or owners.
(8) 
The applicant has been convicted of a crime described in N.J.S.A. 2C:34-1 et seq., including criminal attempt, conspiracy or solicitation to commit any of the crimes described in N.J.S.A. 2C:34-1 et seq., and any of the crimes described in N.J.S.A. 2C:14-1 et seq., and N.J.S.A. 2C:24-4.
The annual fee for an adult use establishment shall be $1,000 to be submitted to the Township Clerk with the application form. The fee shall not be prorated, and each application shall be effective on January 1st of each year and shall expire of December 31st of the then current year, notwithstanding the date of issuance.
A. 
A person violates this chapter if he operates or permits the operation of an adult use establishment within 1,000 feet of:
(1) 
Any place of worship.
(2) 
Any school, whether public or private.
(3) 
A boundary of a residential district as defined by the Township of Gloucester Land Use Ordinance.[1]
[1]
Editor's Note: See Ch. 500, Land Development.
(4) 
Any lot used for residential purposes.
(5) 
Any public facility, housing, public park or area of public recreation.
(6) 
Any other adult use establishment.
B. 
For the purpose of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use establishment is conducted, to the nearest property line of the premises listed in § 24-6A(1) through (6) and/or as may be more specifically identified by or in the current approved Drug-Free Zone Map of the Township of Gloucester.[2]
[Amended 6-9-2003 by Ord. No. O-03-18]
[2]
Editor's Note: See Ch. 46A, Drug-Free Zones.
A. 
Development, buildings or structures used for an adult use establishment shall meet the same standards of development as set forth for other buildings under the Land Use Ordinance of the Township of Gloucester,[1] and must contain at least two emergency fire exits.
[1]
Editor's Note: See Ch. 500, Land Development.
B. 
The interior of an adult use establishment shall be adequately lighted and constructed so that every portion thereof is readily visible to the attendant or other supervisory personnel from the counter or other regular stations.
C. 
Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from the pedestrian sidewalks or walkways or from other areas, public, semipublic or private.
D. 
No loudspeakers or exterior sound equipment shall be used in adult use establishments.
E. 
No advertisements, displays, or other promotional material is to be displayed on or about the exterior of the building or structure. Only one identifying sign is permitted. The sign identifying the adult use establishment shall be limited to 10 square feet and shall be wall-mounted upon the principal building. The sign shall be limited to the lettering indicating the name, address and phone number of the facility only.
(1) 
The sign shall be applied flat against the wall and shall not project beyond the side or top of the wall to which it is affixed, nor shall the sign project more than 14 inches from the wall. Backlighting of the identifying sign is permitted. However, all flashing, moving, intermittently moving and illuminated signs, reflecting signs or luminous signs and/or advertising devices shall be prohibited.
(2) 
No signs or billboards shall be placed on the roof of any building or structure, and temporary signs, banners or displays are permitted.
F. 
All trash, refuse, articles or any material to be disposed of shall be shredded or cut in such a manner so that the remains shall not be readable, legible or discernible.
A. 
Single use. No building, premises, structure or other facility shall contain more than one kind of adult use establishment. No building, premises or structure or other facility in which sexually oriented devices are sold, distributed, exhibited or contained shall contain any adult use establishment.
B. 
No person under the age of 18 years of age shall be permitted into any adult use establishment at any time for any purpose. A sign conspicuously posted shall give notice of this regulation.
C. 
The hours of operation shall not be earlier than 9:00 a.m. and not later than 10:00 p.m., on weekdays and Saturdays. All adult use establishments shall be closed on Sundays.
D. 
No smoking is permitted in any adult use establishment. No consumption of alcoholic beverages is permitted in any adult use establishment.
A. 
The applicant, licensee, owner or operator shall permit the inspection of the adult use establishment by Township Zoning Officer, Building Inspector, Health Officer at any reasonable time it is occupied or open for business, for the purpose of insuring compliance with this chapter.
B. 
It is a violation of this chapter for any person for owns or operates an adult use establishment to refuse to permit a lawful inspection of the premises at any reasonable time that it is occupied or open for business, by the Township Zoning Officer, Building Inspector or Health Officer.
Each license shall expire on December 31st of each year and may be renewed only by filing an application pursuant to this chapter. Applications for renewal shall be filed not later than September 30th of each year.
A. 
The Township Clerk shall suspend a license for a period not to exceed 30 days if it is determined that a licensee has:
(1) 
Violated or is not in compliance with any section of this chapter.
(2) 
Knowingly permitted an alcoholic beverage to be consumed on the premises.
(3) 
Refused to allow an inspection pursuant to this chapter.
(4) 
Demonstrated the inability to operate an adult use establishment in a peaceful and law-abiding manner demonstrated by repeated action by the Gloucester Township or State Police Department.
B. 
Any suspension under this section may be appealed directly to a court of competent jurisdiction.
The Township Clerk shall revoke a license if it is determined that a licensee has:
A. 
Been suspended on more than two occasions within the then current license period.
B. 
False or misleading information has been supplied during the application process.
C. 
An owner and/or employee has knowingly allowed the possession or sale of a controlled dangerous substance, as defined under the Criminal Code of the State of New Jersey, on the premises.
D. 
An owner and/or employee has knowingly permitted violation of a crime described in N.J.S.A. 2C:34-1 et seq., including criminal attempt, conspiracy or solicitation to commit any of the crimes described in N.J.S.A. 2C:34-1 et seq.
E. 
An owner and/or employee has knowingly operated an adult use establishment during a period of suspension.[1]
[1]
Editor's Note: Former § 24-12F, regarding a permitted specified sexual activity, which immediately followed this subsection, was repealed 6-9-2003 by Ord. No. O-03-18.
The notice of intended suspension or revocation may be served by an officer of the Gloucester Township Police Department on the person of the owner or employee or operator at the premises, and shall be posted on the front door of the premises. The suspension or revocation shall be effective immediately. If personal service is not possible, the Township Clerk shall send notice to the applicant and/or owner by certified mail, return receipt requested. Notice of the suspension or revocation shall be posted on the front door of the premises, and the suspension or revocation shall be effective immediately. The applicant or owner, upon receipt of the notice of suspension or revocation, may file an appeal with a court of competent jurisdiction. The adult use establishment shall remain closed during the period of appeal.
A. 
A licensee shall not transfer a license to another, nor shall a licensee operate an adult use establishment under the authority of a license at any other place other than the address designated in the application.
B. 
A license shall not be transferable from place to place or to any other person, and the ownership of the property or business may not be changed or modified unless proper application shall have been made as provided for in the original issuance.
A. 
Any person violating any provision of this chapter, upon conviction, is punishable by a fine of not less than $100 and not more than $1,000, and/or imprisonment for a term not to exceed 90 days.
B. 
Each day that an adult use establishment operates in violation of any provision of this chapter shall be deemed a separate offense under this chapter.
C. 
Any applicant or holder of an adult use establishment license, which application or license is denied, revoked or suspended, shall have the right to appeal said denial, revocation or suspension as provided by the Rules of the Court (R.4:67-1) and the Laws of the State of New Jersey.
[Added 6-9-2003 by Ord. No. O-03-18]