[Adopted 6-15-1949 by Ord. No. 709]
[1]
Editor's Note: Former Article VIII, Regulation of Female Employees, adopted 5-12-1942 by Ord. No. 640 and consisting of §§ 65-41 through 65-45, was repealed 7-15-1998 by Ord. No. 15/98. Ordinance No. 15/98 also repealed former §§ 65-46, 65-47, 65-48 and 65-49 of this chapter, which sections dealt with employment of females.
[Added 8-6-1975 by Ord. No. 1181; amended 12-20-1995 by Ord. No. 55/95]
A. 
Findings. The Board of Commissioners find that this section is necessary to:
(1) 
More clearly define prohibited activities.
(2) 
Protect property values.
(3) 
Prevent blight and the deterioration of the town's neighborhoods.
(4) 
To promote a climate conducive to a return of residences and businesses to the town's neighborhoods.
(5) 
Enhance the quality of life within the town.
(6) 
Preserve and stabilize the town's neighborhoods.
(7) 
Decrease the incidence of crime, disorderly conduct and juvenile delinquency.
B. 
The following constitutes nude or nearly nude activity:
(1) 
Any person performing, showing, exhibiting, acting or representing in such a manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof.
(2) 
Any female showing, performing, exhibiting, acting or representing in such a manner or attire as to expose to view that portion of the breast referred to as the areola or nipple, or simulation thereof.
(3) 
Any person performing, showing, exhibiting, acting or representing any dance, episode or musical entertainment in a lewd or indecent manner so that the average person, applying contemporary community standards, would find that the work taken as a whole, appeals to the prurient interest, or for any performer to perform, show, exhibit, act or represent any dance, episode or musical entertainment, the purpose or effect of which is to attract the attention of the spectator to the breast, buttocks or genital organs of the performer, whether clothed or unclothed.
C. 
Prohibitions. No plenary retail consumption licensee shall:
(1) 
Provide live entertainment activities where the performer or performers are attired in no more than bikini briefs or where female performers are attired in no more than bikini briefs and the breasts covered in such a manner that they remain substantially exposed to view.
(2) 
Provide live entertainment activities where the performer or performers receive tips or gratuities from the customers by means of the customers placing such tip or gratuity within or under, or partially within or under, the performer's costume.
(3) 
Provide any entertainment. where the sounds of or vibrations from may be heard or felt outside of the building in which it is located or, if such building also serves other uses, be heard or felt by the occupier of such other portion of the building.
[Added 8-6-1975 by Ord. No. 1181; amended 12-20-1995 by Ord. No. 55/95]
It shall be unlawful for any person to conduct or perform, or allow to be conducted or performed, any nude or nearly nude activity on or within any premises for which a retail alcoholic consumption license has been issued.
[Amended 10-19-1977 by Ord. No. 1261; 12-20-1995 by Ord. No. 55/95]
A. 
Any person convicted of violating the provisions of this article shall be subject to the penalties set forth in Chapter 1, General Provisions, Article I.
B. 
In addition, in the event that a violation of this article occurs, the Town Liquor Administrator shall forthwith conduct a hearing pursuant to N.J.S.A. 33:1-31, as set forth in § 114-71 of this chapter, to determine whether the liquor license for the business establishment at which the activity prohibited by this article occurred shall be suspended or revoked.
C. 
In the event of a second violation of this article occurring at such a business establishment within a twelve-month period, the Liquor Administrator, after a hearing pursuant to N.J.S.A. 33:1-31, as set forth in § 114-71 of this chapter, shall revoke such retail consumption license.
[Added 12-20-1995 by Ord. No. 55/95]
A. 
Any go-go bar which operates as a retail liquor establishment as licensed by the Town on or before January 1, 1996, is excluded from this limitation, so as to protect the property interests of those presently operating under a liquor license issued by the Town of West New York. The exclusion right of existing go-go bars is nontransferable and terminates upon any transfer of the plenary retail consumption license.
B. 
The Commissioner of Public Safety is hereby authorized and directed to compile a list of all existing bars utilizing the services of go-go dancers as of January 1, 1996, and this list shall be attached hereto and made a part hereof.
[Added 12-20-1995 by Ord. No. 55/95]
A. 
Upon any violation of any provisions of this chapter, or any provisions of any applicable statute, or any of the rules or regulations of the State Director of Alcoholic Beverage Control, the privilege of operating a go-go bar under a liquor license issued by the town, as stipulated in § 114-71, shall be revoked.
B. 
Such revocation proceedings shall be in conformity with the due process of law requirements as described in § 114-71 of this chapter.