[HISTORY: Adopted by the Township Council of the Township of Brick 8-25-1992
by Ord. No. 740-92 (Ch. 253 of the 1989 Code). Amendments
noted where applicable.]
It is the responsibility of the local government to adopt regulations
designed to promote the public health, safety and general welfare. Such power
has been delegated to the municipalities from the legislature of the State
of New Jersey. The Township Council of the Township of Brick, in order to
better promote the public health, safety and general welfare of its citizens,
does ordain as follows.
A.
Pursuant to N.J.S.A. 2C:34-2(b), the Legislature of the
State of New Jersey has determined that it is a fourth degree crime to sell,
distribute, rent or exhibit material which is obscene. Consequently, the State
of New Jersey has preempted the Township of Brick from prohibiting the sale
of material which the Township believes to be obscene. However, in order to
promote the public health, safety and general welfare of its citizens, the
Township of Brick may promulgate reasonable time, place and manner regulations
with respect to the sale, distribution, rental or exhibition of various items
by sexually oriented businesses.
B.
The Township of Brick has determined that sexually oriented
businesses have a deleterious effect on both the existing businesses adjacent
to such establishments as well as the surrounding residential areas; cause
increased crime, especially prostitution; adversely affect property value;
create an atmosphere which is inimical to the values of a significant segment
of the Township's population; and encourage residents and businesses to move
elsewhere and that such sexually oriented businesses, when located in close
proximity to each other, contribute to urban blight and downgrade the quality
of life in the adjacent areas.
Purposes and objectives. It is the purpose of this chapter to regulate
sexually oriented businesses to minimize and control the adverse effects recognized
in the preceding section and to promote the public health, safety and general
welfare of the citizens of the Township of Brick. The Township Council of
the Township of Brick finds that the secondary effects of adult entertainment
establishments, as established through the reports and studies of other cities
and municipalities with the appropriate resources to conduct the same, is
deleterious and inimical to health, safety and general welfare of the residents
of the municipality. It is not the purpose of this chapter to restrict or
deny access by adults to sexually oriented materials protected by the First
Amendment nor will this chapter have the effect of restricting or denying
such access.
For the purposes of this chapter, the terms used within this chapter
shall be defined as follows:
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still or image-producing devices are maintained to show images to one person
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 commercial establishment which as its principal business conspicuously
offers for sale or for 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 and videocassettes or video reproductions, 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, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of 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; or
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical area. Adult motion-picture
theaters shall meet the seating criteria established for adult theaters.
A theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity of live performances
which are characterized by the exposure of specified anatomical areas or by
specified sexual activities. Seating shall be provided in a design consistent
with traditional movie theaters. All sitting areas shall be visible and unobstructed.
The exhibition to the senses of another person for valuable consideration,
whether the valuable consideration is paid by the recipient of the exhibition
or by another and whether the exhibition occurs at the exhibitor's place of
business or elsewhere.
The appearance of a human bare buttock, anus, male genitals, female
genitals or female breasts.
The definition of obscene materials set forth in P.L. 1978, c. 95,
as amended by Section 1, of P.L. 1982, c. 211 (effective December 23, 1982,
as N.J.S.A. 2C:34-2), as the same shall be from time to time amended or supplemented,
as well as in accordance with and not more strictly than judicial interpretations
thereof pursuant to the Constitutions of the United States and of the State
of New Jersey finally concluded in courts of jurisdiction sufficient to render
decisions on constitutional questions of general application.
An individual, proprietorship, partnership, corporation, association
or other legal entity.
An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion-picture theater or adult theater.
Includes any of the following:
A.
It shall be a violation of this chapter if a person operates
or causes to operate or allows to be operated a sexually oriented business:
(1)
Within 1,500 feet of a place of worship.
(2)
Within 1,500 feet of a school, whether public or private,
or within 1,500 feet of any school bus stop.
(3)
Within 1,500 feet of a boundary of growth area, village
or rural development district or zone.
(4)
Within 1,500 feet of any other sexually oriented business.
(5)
Within 1,500 feet of any residential use, or zone.
(6)
Within 1,500 feet of any public park or playground.
B.
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 a part of the premises where a sexually oriented
business is conducted to the nearest property line of the premises of a place
of worship, a school, a boundary of a residential district, a public park
or playground, a lot devoted to residential use or a school bus stop.
C.
A sexually oriented business lawfully operating as a
conforming use is not rendered a nonconforming use by the location, subsequent
to the establishment of the sexually oriented business, of a place of worship,
school, public area, residential district or residential lot within 1,500
feet of the sexually oriented business.
D.
Sexually oriented businesses shall conform to design
standards and development requirements established through the ordinances
of the Township of Brick.
