[Adopted 5-7-1985 by Ord. No. 894]
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Editor's Note: The ordaining clause of this article reads as follows:
"It is hereby determined that adult businesses, as defined by this article, tend to attract an undesirable quantity and quality of transients, adversely affecting property values, causing an increase in crime, including prostitution, and encouraging residents and businesses to move elsewhere; and
"Due to the exceptional land use characteristics and locational impacts of adult entertainment uses, which have a deleterious and destructive effect upon land uses and values within the City of North Wildwood, it is recognized that such businesses, to the extent that they promote obscenity or sell obscene material or display obscene acts, should be prohibited from the city, those which are not determined to be obscene should be restricted in such a way as to minimize their adverse effect on property values, neighborhoods within the city, public health, safety, comfort, morals, convenience and general welfare of the inhabitants and visitors of the city.
"NOW, THEREFORE, BE IT ORDAINED by Members of Council of the City of North Wildwood in the County of Cape May and State of New Jersey that, as follows:"
As used in this article, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having, as a substantially significant portion of its stock-in-trade, books, magazines, films for sale or viewing on premises, by use of motion-picture devices or other coin-operated means, or other periodicals which are distinguished or characterized by their emphasis on matters depicting or relating to specified sexual activities or specified anatomical areas.
ADULT BUSINESS
A business which displays, shows, sells, rents or otherwise exhibits a display or depiction of a specified anatomical area or specified sexual activity which emits sensuality but is not obscene.
ADULT CABARET
A nightclub, theater or other establishment which features live performance by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by emphasis upon specified sexual activity or specified anatomical areas.
ADULT MASSAGE PARLOR
A place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of, or in connection with, the specified sexual activities, or when any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
ADULT MODEL STUDIO
Any place where, for any form of consideration or gratuity, male or female figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.
ADULT MOTION-PICTURE THEATERS
Enclosed buildings used for presenting films consisting of material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.
ADULT PRODUCTS
Products which display or are a depiction of a specified anatomical area or of a specified sexual activity which emits sensuality but is not obscene.
OBSCENE ACTS
Acts which depict or describe, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals, which acts lack serious literate, artistic, political or scientific value when taken as a whole and which, to the average person, applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.
OBSCENE MATERIAL
As defined in N.J.S.A. 2C:34-2 and as amended from time to time.
SPECIFIED SEXUAL ACTIVITY and SPECIFIED ANATOMICAL AREA
As defined N.J.S.A. 2C:34-3 and as amended from time to time.
[Amended 7-5-1994 by Ord. No. 1181]
Adult businesses, including but not limited to adult motion-picture theaters, adult bookstores, adult cabarets, adult massage parlors and adult model studios, shall only be permitted in the General Business (GB) District as conditional uses. [See Section 408A.18 of the City of North Wildwood Land Development Ordinance (No. 1177).][1] Adult businesses shall be subject to the following restrictions:
A. 
No adult business shall be located within 1,000 feet of a church or school.
B. 
No two adult businesses shall be located within 600 feet of each other.
C. 
The hours of operation shall be from 10:00 a.m. until 11:00 p.m., Monday through Saturday only.
D. 
The interior of each room shall be lighted and designed in such a way that all parts of same shall be readily visible to the sales clerk, manager, operator and/or customers moving freely within the business building.
E. 
Advertisements and displays describing the goods or services operated within the adult business premises shall not be visible from outside the building, provided that the general nature of the business, such as the words "books," "motion pictures," "nightclub," "massage," "modeling studio" and similar words or general description shall be permitted upon signs permitted hereunder.
F. 
No loudspeaker or sound equipment shall be used which will emit sound to the outside of the building.
G. 
An adult business shall be operated solely within a building having at least 600 square feet used for the operation of the business, and no more than 900 square feet for such use.
H. 
Permitted signs shall be limited to lettering indicating the name, address and general nature of the business only.
I. 
No minors shall be permitted upon the business premises in any capacity, whether as an employee, customer, visitor or otherwise.
J. 
No corporation, partnership, association or persons, or any individual person or persons, shall own, operate or be employed in or by an adult business if such owner, operator or employee has ever been convicted of a violation of this Article III, the violation of any municipal, state or federal law prohibiting the sale, lease, exhibition or display of obscene material or obscene acts or any crime of moral turpitude.
K. 
The operator of any adult business shall have on the premises at all times the name and address of all its employees, and all such employees shall first appear at the City of North Wildwood Police Department for the purpose of being fingerprinted and having a background investigation prior to their commencing their duties as employees of an adult business.
L. 
The exterior of the business premises shall be so constructed, designed or laid out that no person outside the building can view the interior thereof. The doors and windows shall be kept closed, and adult products shall not be visible from the outside when the door is opened for the purpose of entering or exiting the business premises.
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Editor's Note: The Land Development Ordinance, Ord. No. 1177, is codified as Ch. 276, Land Development. The Land Development Ordinance no longer includes the General Business (GB) District. See § 276-20G(2)(m), Adult businesses as conditional uses (in the CBD Central Business District), and § 276-46F, Adult business.
Any person or association of persons desiring to own or operate an adult business in the City of North Wildwood shall be required to file an application and obtain a license therefor. The annual license fee for each calendar year, or any part thereof, shall be $1,000. The license application shall provide for:
A. 
The name and address for the past 10 years of all persons who do or will have any ownership interest in the business or intend to work on the business premises.
B. 
Fingerprinting and background investigation of all such persons who have been disclosed within the application.
C. 
A disclosure as to which, if any, such persons have ever been convicted of a violation of this article or a violation of any municipal, state or federal law prohibiting the sale, lease, exhibition or display of obscene material or obscene acts.
D. 
Other matters as from time to time are determined to be relevant by the Mayor or City Council.
E. 
Other matters as set forth in Chapter 292, Mercantile Licenses, of the Code of the City of North Wildwood.
The contents of the license shall be as set forth in Chapter 292, Mercantile Licenses, of the Code of the City of North Wildwood, and all licenses shall be bound by the provisions of Chapter 292.
Any person or association of persons, corporation or partnership or any partners of a partnership or any officers, directors or shareholders of a corporation or association, convicted of a violation of this article or a violation of any state or federal law prohibiting the sale, lease, exhibition or display of obscene material or obscene acts or the violation of any crime involving moral turpitude, shall not be eligible to have any ownership interest, continue to have any ownership interest, operate or continue to operate any portion of any adult business in the City of North Wildwood.
[Amended 3-20-1991 by Ord. No. 1054; 5-21-2002 by Ord. No. 1411; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, partnership, corporation or association of persons convicted of a violation of this article shall, upon conviction thereof, be subject to a fine of not more than $2,000, or imprisonment in the county jail for not more than 90 days, or community service for not more than 90 days, or any combination thereof.