Definitions. As used in this section, the following
terms shall have the meanings indicated:
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 motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons 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 one of its principal
business purposes, offers for sale or for rental for any form of consideration
any one or more of the following:
(1)
Books, magazines, periodicals or other printed
material or photographs, films, motion pictures, video cassettes or
video productions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas.
(2)
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
(1)
Persons who appear in a state of nudity;
(2)
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
(3)
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration
and which:
(1)
Provides patrons with closed circuit television
transmissions, films, motion pictures, video cassettes, 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;
(2)
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
(3)
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, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
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 P.L. 1982, c. 211, Section 1 (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 or 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
(1)
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
(2)
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
(1)
The fondling or other erotic touching of human
genitals, pubic region, buttock or female breasts.
(2)
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
(3)
Masturbation, actual or simulated.
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1) through
(3).