[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of §§ 65-41 through 65-45, was repealed 7-15-1998 by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 Ordinance No. 15/98 also repealed former §§ 65-46,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]
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.
[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.
