As used in this article, the following terms shall have the meanings
indicated:
PUBLIC EXHIBITION
Includes any transient show or exhibition conducted out of doors or in a temporary structure composed wholly or partly of canvas or other material, as a place of amusement or recreation, or for any other similar public assemblage, excepting circuses conducted by or on behalf of not-for-profit organizations for charitable purposes, including, but not by way of limitation, carnivals, bazaars, traveling shows of any kind, and exhibitions of a like nature. Shows or exhibitions conducted in a licensed theater under the provisions of Article
II of this chapter and circuses conducted by or on behalf of not-for-profit organizations for charitable purposes shall not be deemed to be "public exhibitions" within the meaning of this article.
[Amended 8-10-1992 by Ord. No. A-21-92]
No person shall carry on, conduct or operate any public exhibition as defined in §
137-1.
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment for a
term not exceeding 90 days, or both. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
As used in this article, the following terms shall have the meanings
indicated:
ADULT AMUSEMENT CENTER
An enclosed building or a part of an enclosed building, no portion
which is licensed to sell liquor, which contains one or more coin-operated
mechanisms which when activated permit a customer to view a live person unclothed
or in such attire as to expose any portion of the female breast below the
top of the nipple, or any portion of the pubic hair, anus, or genitals, or
the charging of a fee for the viewing of any such activity.
[Added 8-23-1993 by Ord. No. A-44-93]
ADULT-ONLY BOOKS/VIDEO STORES
An establishment having as a substantial or significant portion of
its stock in trade, books, magazines, films, or videos for sale or viewing
on the premises which are distinguished or characterized by their emphasis
on matters depicting, describing, or relating to nudity, sexual conduct, or
sexual excitement, or a section devoted to the sale or display of such material
for sale to patrons therein.
[Added 8-23-1993 by Ord. No. A-44-93]
AMUSEMENT
Includes any form of dancing pastime, recreation or pleasure.
BUILDING PREMISES
Any building or portion thereof, auditorium or public hall or any
other place wherein any performance or amusement, as herein defined, occurs.
NUDITY
The showing of the human male or female genitals, pubic area or buttocks
with less than a fully opaque covering, or the showing of the female breast
with less than a fully opaque covering of any portion thereof below the top
of the nipple, or the depiction of covered male genitals in a sexually aroused
state.
[Added 8-23-1993 by Ord. No. A-44-93]
PERFORMANCE
Includes any show, motion picture, play, opera, concert, public reading,
recitation, dancing exhibition or other exhibition or performance, or any
other form of entertainment to which the public is invited, whether or not
an admission charge is required.
[Amended 8-10-1992 by Ord. No. A-21-92]
No person shall hold, exhibit or conduct any theatrical performance
in any building premises within the city or hold a circus unless a license
has first been obtained from the City Clerk to hold, exhibit or conduct theatrical
performances. A separate license shall be required for each building, auditorium,
public hall or circus to be conducted.
Each license issued pursuant to this article shall be subject to the
following conditions, and each applicant for a license, in accepting the license,
agrees to abide by and comply with the following:
A. The licensed premises shall be kept neat and clean at
all times.
B. The licensee shall not permit any disorder or loud noises.
C. Any police officer, the Chief of the Fire Department,
the Building Inspector or their designees or any authorized representative
of the Division of Health may enter the licensed premises at any time for
the purpose of inspection and to enforce obedience of the laws of this state
and the ordinances of the city.
D. The licensee shall provide adequate sanitary facilities
and separate toilet accommodations, male and female. Each such accommodation
shall also contain a sink providing hot and cold water, and the premises shall
comply with all regulations and ordinances of the city applicable thereto.
E. Except for a motion-picture theater, all patrons under
the age of 19 years shall not be permitted by the licensee to remain on any
building premises after 9:30 p.m. from Mondays through Thursdays, both inclusive,
and after 11:00 p.m. on other days of each week.
F. No person under the age of 16 years shall be admitted
to any place where dancing is permitted or carried on, whether or not any
fee or charge is required for admission.
G. Consumption of alcoholic beverages on premises.
[Added 7-12-1993 by Ord. No. A-37-93]
(1) In accordance with N.J.S.A. 2A:170-25.22, no person owning or operating any theater, place of public exhibition, indoor performance, amusement or conducting any activity covered by the terms of §
137-1 et seq. of the Code of the City of Rahway where food or liquid refreshments are sold and who does not possess a valid license authorizing the sale of alcoholic beverages for on-premises consumption of alcoholic beverages on such premises.
(2) Any person violating the provision of this subsection
shall be subject to a fine of not less than $100, nor more than $1,000, or
imprisonment for a term not to exceed 90 days. The Municipal Court may, by
its judgment, bar any owner or operator violating this subsection from permitting
or allowing consumption of alcoholic beverages in his premises in accordance
with N.J.S.A. 2A:170-25.23 et seq.
H. Adult entertainment.
[Added 10-12-1993 by Ord. No. A-54-93]
(1) No person owning or operating any establishment where
the proposed activity consists of exhibiting nudity for entertainment or amusement
purposes, adult entertainment center, or adult-only books/video store shall
permit the on-premises consumption of alcoholic beverages.
(2) For the purpose of this subsection, the terms "nudity," "adult-only books/video stores" and "adult amusement center" shall be defined in accordance with Chapter
137, Article
II, §
137-4 of the Code of the City of Rahway.
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment for a
term not exceeding 90 days, or both. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
Nothing in this article shall apply to any performance or amusement
held or carried on for religious, charitable, school, fraternal or veterans'
organizations or other private non-profit-making clubs or associations which
operate or maintain any place of performance or amusement for the use of their
own members; nor shall same apply to any performance conducted or amusement
permitted not for profit in any place, nor to golf courses, pool and billiard
rooms, bowling alleys, taverns, restaurants, banquets and wedding affairs.
[Added 8-10-1992 by Ord. No. A-21-92]
Notwithstanding any provisions of this chapter, no permit shall be issued
for a circus hereunder without the approval of the Municipal Council of the
City of Rahway following the submission to the Municipal Council of an application
certified to be complete by the City Clerk.