[Adopted 3-1-2005 by Ord. No. 10-2005]
It shall be the duty and responsibility of the
Millville Police Department to enforce the provisions of this article
as herein set forth.
The Millville Police Department shall have those
powers and duties which are necessary to carry out the intent and
purpose of these regulations, including but not limited to the following
enumerated powers and duties:
A.
To determine which persons, if any, within the City
are operating a sexually oriented business.
B.
To conduct criminal background investigations of applicants
for a license, including owners, operators and employees of the business.
C.
To fingerprint applicants for a license, including
owners and employees of the business.
D.
To inspect the premises and business records of the
owner and operator which are required to be maintained pursuant to
these regulations or state law. The Chief of Police or his designee
may, at reasonable times, and shall, at least once a year, inspect
the premises of the licensee and inspect the books, papers and records
of the licensee wherever located.
E.
The Chief of Police or his designee is authorized
to enter the business of the licensee at reasonable times for the
purpose of making inspections and performing duties under these regulations.
If entry is refused or not obtained, the Chief of Police or his designee
may obtain an order authorizing entry from the Municipal Court or
any other court of competent jurisdiction.
A.
N.J.S.A. 2C:34-7 sets standards and requirements for
buffer zones, perimeter buffer and signs in connection with the location
and operation of a sexually oriented business.
B.
N.J.S.A. 2C:34-2 and 6 set forth definitions for certain
words and phrases which relate to the operation of a sexually oriented
business.
C.
N.J.S.A. 2C:34-2 also authorizes a municipality to
adopt a zoning ordinance to override certain standards and other requirements
set forth in the state statutes.
D.
These municipal regulations are designed to conform
with the requirements set forth in N.J.S.A. 2C:34-6 and 7, and to
provide additional municipal requirements for the licensing of a sexually
oriented business.
E.
The governing body of the City of Millville finds
and declares that the municipal regulations contained in this article
are not preempted by state law. The governing body finds as follows:
(1)
The municipal regulations do not conflict with state
law because of conflicting policies or operational effect;
(2)
The state laws were not intended to be exclusive in
the field;
(3)
The subject matter does not reflect a need for absolute
uniformity;
(4)
The state scheme is not so comprehensive as to preclude
coexistent municipal regulations; and
(5)
The municipal regulations do not stand as an obstacle
to the accomplishment and execution of the purposes and objectives
of the State Legislature.
A.
It is the responsibility of local government to adopt
regulations designed to promote the public health, safety and welfare.
Such authority has been delegated to municipalities by the Legislature
of the State of New Jersey.
B.
The governing body of the City of Millville finds
and declares that sexually oriented businesses cause concrete and
definite negative secondary effects that promote juvenile delinquency,
contribute to an overall increase of crime, create an environment
that leads to the general deterioration of neighborhoods, and lowers
property values.
C.
The purpose of these regulations is to set forth standards
and requirements designed to prevent or reduce these negative secondary
effects and to protect the retail trade and the quality of commercial
districts, neighborhoods and urban life.
D.
These regulations shall apply to all sexually oriented
businesses, including but not limited to the following:
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Adult bookstores
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Adult cabarets
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Adult merchandise stores
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Adult motion picture theaters
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Adult video stores
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As used in this article, the following terms
shall have the meanings indicated:
Any person 18 years of age or older who renders any service
in connection with the operation of the business and receives compensation
from the operator of the business or from the patrons.
The definition set forth in N.J.S.A. 2C:34-2 is incorporated
herein as if the same was set forth with particularity.
Conduct that is so significant a departure from ordinary
standards of honesty, justice or morality as to be shocking to the
moral sense of the community.
The definition set forth in N.J.S.A. 2C:34-2 is incorporated
herein as if the same was set forth with particularity.
Any person 18 years of age or older who is a customer, client
or paying guest of the business.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The definition set forth in N.J.S.A. 2C:34-6 is incorporated
herein as if the same was set forth with particularity.
The definition set forth in N.J.S.A. 2C:34-6 is incorporated
herein as if the same was set forth with particularity.
The definition set forth in N.J.S.A. 2C:34-6 is incorporated
herein as if the same was set forth with particularity.
If shall be unlawful for any person to operate
a sexually oriented business within the City unless licensed pursuant
to this article.
A.
The license required shall be known as a "sexually
oriented business license" and shall be issued by the City Clerk after
payment of the required fee and compliance with these regulations.
A copy of the license issued shall be filed by the City Clerk with
the Chief of Police.
B.
The annual license fee shall be $400 if applied for
before July 1 of any calendar year. The annual license fee shall be
$200 if applied for on or after July 1 of any calendar year. If the
business was operating prior to July 1 of any calendar year, the annual
license fee shall be $400, regardless of when the application is filed.
C.
Annual licenses shall run from January 1 to December
31 of each year. All applications for an annual license or renewal
shall be filed with the City Clerk on or before January 10 of each
year. All licenses expire on December 31 of each year.
D.
The license issued shall be prominently displayed
on the business premises at all times.
E.
No licensee shall allow the use of his, her or its
name by any person directly or indirectly for the purpose of engaging
in a sexually oriented business at any location other than the licensed
premises.
The application for the license required by
this article shall be made in writing and filed with the City Clerk
on a form provided by his office. The application shall contain the
following information:
A.
The name and address of the applicant.
B.
The date of birth and driver's license number of the
applicant.
C.
The place of residence of the applicant for the last
two years.
D.
Information as to whether the applicant has ever been
convicted of a crime and where the conviction took place.
E.
The names and addresses of two character references.
F.
The location of the business.
G.
If the applicant is a partnership, the personal information
required shall be furnished for each general partner. If the applicant
is a corporation, the personal information required shall be furnished
for each officer and each shareholder with at least a twenty-percent
interest in the corporation.
H.
Each applicant and employee shall be fingerprinted
by the Millville Police Department, and the prints shall be submitted
to federal and state authorities for comparison and criminal record
investigation. In the case of partnership and corporations, those
persons who are required to provide personal information for the application
shall submit to fingerprinting.
A.
Buffer zones. The buffer zones set forth in N.J.S.A.
2C:34-7a are incorporated herein as if the same were set forth with
particularity.
B.
Perimeter buffer. The perimeter buffer requirements
set forth in N.J.S.A. 2C:34-7b are incorporated herein as if the same
were set forth with particularity.
C.
Signs. The sign requirements set forth in N.J.S.A.
2C:34-7c are incorporated herein as if the same were set forth with
particularity.
A.
No person under the age of 18 years shall be permitted
on the premises of a sexually oriented business at any time for any
purpose.
B.
No person under the age of 18 years shall be employed
in any capacity on the premises of a sexually oriented business.
C.
No display visible from the exterior of a sexually
oriented business shall contain material of a sexually oriented nature.
D.
No owner or operator of a sexually oriented business
shall permit any person convicted of a crime involving moral turpitude
to participate in the ownership, operation or be employed by the business.
E.
No consumption of alcoholic beverages shall be permitted
anywhere on the premises of a sexually oriented business.
F.
No loudspeakers or sound equipment shall be utilized
to advertise, promote or solicit patrons for a sexually oriented business.
G.
No employee of a sexually oriented business shall
engage in any illegal activities on the premises. No licensee shall
allow, permit or suffer employees to engage in illegal acts on the
licensed premises.
H.
No licensee shall allow, permit or suffer any known
prostitutes on the licensed premises.
I.
No sexually oriented business shall be open for business
prior to 9:00 a.m. in the morning and after 12:00 midnight Monday
through Saturday. All sexually oriented businesses shall be closed
on Sundays.
A.
Any applicant for a license shall be denied a license
by the City Clerk or any license issued shall be suspended or revoked
by the Mayor for any of the following causes:
(1)
The applicant or licensee has filed an application
containing false information of a material nature.
(2)
The applicant or licensee has failed, neglected or
refused to comply with these regulations.
(3)
The applicant or licensee has been convicted of a
criminal offense in the State of New Jersey involving moral turpitude.
(4)
The applicant or licensee has been convicted of a
criminal offense in the State of New Jersey involving public indecency
under Chapter 34 of the New Jersey Code of Criminal Justice.
(5)
The applicant or licensee has been convicted of a
criminal offense in the State of New Jersey involving sexual offenses
under Chapter 14 of the New Jersey Code of Criminal Justice.
(6)
An applicant or licensee may be denied a license or
a license may be revoked or suspended for other criminal convictions
in the State of New Jersey or any other state based on the following
objective standards: a) how recent was the criminal conviction; b)
how serious was the criminal offense upon which the conviction was
based; c) how many criminal convictions does the applicant or licensee
have; and d) does any criminal conviction have a direct connection
on the type of business that is being licensed.
B.
The applicant or licensee may appeal the decision
of any municipal official by filing a request for hearing before the
Board of Commissioners with the City Clerk within 10 days of receiving
the notice of the denial, suspension or revocation of the license.
The hearing shall be held within 20 days after the request is filed
with the City Clerk.
