[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:
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.
A nightclub, bar, restaurant or similar commercial establishment
which features or permits:
[Amended 4-23-2001 by Ord. No. O-01-11]
Persons who appear in a state of nudity;
Live performances, or transmittal of live performances by video
screen, which are characterized by exposure of specified anatomical
areas or specified sexual activity;
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;
Activities by persons which are characterized by exposure of
specified anatomical areas or specified sexual activities.
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:
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.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration
and which:
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.
Offers a sleeping room for rent for a period of time that is
less than 10 hours.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
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.
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.
The appearance of the human bare buttock, anus, male genitals
or female genitals or female breast.
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.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
An adult arcade, adult bookstore, adult video store, adult
cabaret, adult motel, adult motion-picture theater, or adult theater.
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.
Includes any of the following:
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:
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]
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.
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.
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]
