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.
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:
ADULT ARCADE
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.
ADULT BOOKSTORE or ADULT VIDEO STORE
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:
A.
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.
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, 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;
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
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
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.
ADULT THEATER
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.
COMMERCIAL DISPLAY
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.
OBSCENE MATERIALS
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.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion-picture theater or adult theater.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region,
buttock or female breasts below the point immediately above the top of the
areola; or
B.
Human male genitals in a discernibly 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 breasts;
B.
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C.