[Adopted 5-7-1985 by Ord. No. 894]
[1]
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:
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.
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.
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.
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.
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.
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.
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.
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.
As defined in N.J.S.A. 2C:34-2 and as amended from time to
time.
As defined N.J.S.A. 2C:34-3 and as amended from time to time.
It shall be unlawful to sell, offer for sale
or display obscene material.
It shall be unlawful to own or operate any business,
such as an adult bookstore, adult motion-picture theater, adult cabaret,
adult massage parlor or an adult movie studio, in which obscene material
is displayed or sold or in which any obscene acts are carried on.
[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.
[1]
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.
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.
