[HISTORY: Adopted by the Township Committee of the Township of Mullica 5-28-1991 by Ord. No. 6-91. Amendments noted where applicable.]
Land development — See Ch. 144.
This chapter is declared necessary for the preservation of the public peace, health, safety, morals and welfare of the people of the Township of Mullica.
It has been demonstrated that the establishment of adult businesses in business districts which are immediately adjacent to and which serve residential areas has a deleterious effect on both the business and residential segments of the area, causing blight and a downgrading of property values.
The prohibition against the establishment of more than two regulated uses within 1,000 feet of each other serves to avoid the clustering of certain businesses which, when located in close proximity to each other, tend to cause blight and a downgrading of property values.
It is determined that such prohibition will avoid the deleterious effects of blight and devaluation of both business and residential property values resulting from the establishment of an adult bookstore, adult motion-picture theater or adult mini motion-picture theater in a business district which is immediately adjacent to and which serves residential areas.
Location criteria of adult bookstores, adult motion-picture theaters, adult mini motion-picture theaters and adult dancing establishments have, as previously described, been selected to separate these uses from active residential areas and to prevent the impact of adjacent land uses.
Buildings shall meet all applicable safety standards of the Township of Mullica, including but not limited to adequate fireproofing of walls, floors and ceilings, adequate fire escapes and exits and adequate fireproofing of all book storage areas.
All off-site improvements, such as curbs, gutters, sidewalks, drive approaches and street trees, shall be provided as required.
The interior of the bookstore or adult facility shall be adequately lighted and constructed so that every portion thereof is readily visible to the clerk or other supervisory personnel from the counter or other regular stations.
Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours.
Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semipublic; and such displays shall be considered signs.
No loudspeakers or sound equipment shall be used for adult bookstores, adult motion-picture theaters or adult mini motion-picture theaters that radiate sound to the outside of the building.
An adult book store, adult motion-picture theater or adult mini motion-picture theater, as defined herein, shall be evaluated subject to the following controls:
[Amended 1-26-1999 by Ord. No. 1-99]
[Added 6-27-1995 by Ord. No. 12-95]
No adult bookstore, adult motion-picture theater or adult mini motion-picture theater shall operate between the hours of 10:00 p.m. and 8:00 a.m. Eastern time.
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 emphasis 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 CABARET
- Any nightclub, bar, restaurant or similar commercial establishment
which regularly features any of the following:[Added 10-9-2001 by Ord. No. 14-2001]
- A. Persons who appear in a state of nudity;
- B. Live performances characterized by the exposure of specified anatomical areas or specified sexual activities; or
- C. Films, motion pictures, videocassettes, slides, computer presentations or other moving imagery productions characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- 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.
- NUDE, NUDITY or A STATE OF NUDITY
- The showing of the human male or female genitals, pubic area, vulva,
anus, or anal cleft with less than a fully opaque covering, the showing of
the female breast with less than a fully opaque covering or any part of the
nipple or the showing of the covered male genitals in a discernibly turgid
state.[Added 10-9-2001 by Ord. No. 14-2001]
- A. A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following:
- (1) Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area or instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity; or
- (2) A commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by specified sexual activity or which regularly shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
- B. Sexually oriented businesses shall include all of the above defined establishments and include all establishments where the above defined activities occur, including but not limited to adult book stores, adult mini motion-picture theaters and adult motion-picture theaters.[Added 10-9-2001 by Ord. No. 14-2001]
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, 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, for 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 Township of Mullica. Nothing in this chapter shall be construed as depriving the Township of Mullica or the Township Council of any other available remedy.
[Amended 10-9-2001 by Ord. No. 14-2001]
All sexual oriented businesses, including but not limited to all adult book stores, adult motion-picture theaters and adult mini motion-picture theaters shall be subject to conditional use approval by the Planning Board.
[Added 7-14-1998 by Ord. No. 9-98]
No sexually oriented business may publicly communicate obscene material or permit it to be publicly communicated at a sexually oriented business. For the purpose of this section, "publicly communicated" shall be defined as set forth in N.J.S.A. 2C:34-4. Further, no sexually oriented business may display or permit to be displayed obscene material at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed.
[Added 7-14-1998 by Ord. No. 9-98]
No commercial building, structure, premises or part thereof, or facilities therein, shall be constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high-risk sexual conduct.
No person shall own, operate, manage, rent, lease or exercise control of any commercial building, structure, premises or portion or part thereof which contains:
Partition between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed to construct to facilitate sexual activity between persons on either side of the partition.
Booths, stalls or partitioned portions of a room or individual rooms, used for the viewing of motion pictures or other forms of entertainment, having doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. Such areas shall be lighted in a manner that the persons in the area used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.
The standards as set forth in this section shall not apply to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses.
For the purposes of this chapter, the following definitions shall apply:
- BOOTHS, STALLS or PARTITIONED INDIVIDUAL ROOMS
- Enclosures specifically offered to persons for a fee or as an incident to performing high risk sexual conduct; or enclosures which are part of a business operated on the premises which offer movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booths, stalls or partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees.
- DOORS, CURTAINS or PORTAL PARTITIONS
- Full, complete, nontransparent closure devices through which one cannot see or view activity taking place within the enclosure.
[Added 7-14-1998 by Ord. No. 9-98; amended 7-27-1999 by Ord. No. 15-99]
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business; or any church, synagogue, temple or other place of public worship; or any elementary or secondary school or any school bus stop; or any municipal or county playground or place of public resort and recreation; or within 1,000 feet of any area zoned for residential use; or within 1,000 feet of any hospital or child-care center. This section shall not apply to a sexually oriented business already lawfully operating on the effective date of this act where another sexually oriented business, an elementary or secondary school or school bus stop or any municipal or county playground or place of public resort and recreation is subsequently established within 1,000 feet or a residential district or residential lot is subsequently established within 1,000 feet or any hospital or child-care center is subsequently built within 1,000 feet.