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City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Passaic 3-16-1995 as Ord. No. 1324-95. Amendments noted where applicable.]
GENERAL REFERENCES
Entertainment — See Ch. 129.
Zoning — See Ch. 317.
There are some businesses and trades which, because of their very nature, are recognized as having serious objectionable characteristics. It has been determined that strict control and regulation of these businesses and trades is required to ensure their operation is maintained in compliance with the law for the preservation of the public peace, health, safety, moral and general welfare of the people of the City of Passaic and to prevent their contributing to the blighting and downgrading of the surrounding neighborhood. The businesses and trades subject to the strict control and regulations are as follows:
A. 
Adult bookstores.
B. 
Adult motion-picture theaters.
C. 
Adult mini-motion-picture theaters.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment, from which minors are excluded, having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphases on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity for fewer than 50 persons, from which minors are excluded, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons, from which minors are excluded, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons therein.
A. 
Less than completely and opaquely covered:
(1) 
Human genitals, pubic region.
(2) 
Buttocks.
(3) 
Female breast below a point immediately above the areola.
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
The following restrictions and regulations shall apply to all uses regulated herein:
A. 
No regulated use may be located within 1,000 feet of any other regulated use or within 1,000 feet of a church or other religious institution or a public or private school. No regulated use may be located within 1,000 feet of any residentially zoned area. All distances shall be measured along a straight line from the nearest boundary line on the lot on which the proposed regulated use is to be located to the nearest point on a property boundary line on which is located any other regulated use, church or other religious institution, public or private school or residential zone.
B. 
No owner shall knowingly permit any person convicted of a crime involving moral turpitude to be associated in the ownership or management of the business or to be employed on the premises.
C. 
No owner shall permit any minor under the age of 18 years of age to be on the premises at any time.
All adult bookstores, adult motion-picture theaters and adult mini-motion-picture theaters shall be subject to conditional use approval by the Planning Board.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist and the owner, general agent or contractor, lessee or tenant of any part of a building or premises in which such violation has been committed or shall exist and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation shall, of each and every day such violation continues, be subject to imprisonment in the jail for a period not to exceed 90 days or to a fine not exceeding $500, or both. Each day that the violation is permitted to exist shall constitute a separate offense, and, in addition, the violator shall pay all costs and expenses incurred by the city in determining such violation. Penalties for such violation shall be collected and violations of this chapter shall be prosecuted in the manner prescribed by law or ordinance effective in the City of Passaic. Nothing in this chapter shall be construed as depriving the City of Passaic or the City Council of any other available remedy.