[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 8-27-96 as Ord. No. 96-06. Amendments noted where applicable.]
As used in this Article:
GO-GO DANCING
Includes any dancing exhibition involving: (1) dancing in a licentious or sexually suggestive manner, (2) nude or nearly nude dancing, (3) dancing in insufficient attire, which shall include attire that: (i) is so thinly veiled as to allow viewing of most of the female breasts or any of the male or female genital areas, (ii) is so tight as to allow visual observation of the shape of the female breasts or of the female or male genitals, or (iii) is so minimal as to visually expose most or all of the female breasts or any of the male or female genital areas; or (4) touching between a hired dancer and a patron.
LOCATION RESTRICTION
An establishment's distance from a church or other religious institution, a private or public school or a residence, for purposes of this ordinance, is the shortest linear distance between any part of the outside of the building in which the establishment is located to any part of the outside of the nearest church or other religious institution, private or public school or residential structure.
NUDE OR NEARLY NUDE ACTIVITY
Includes any person performing, showing, exhibiting, acting or representing in such a manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, or any female showing, performing, exhibiting, acting or representing in which a manner or attire as to expose or view that portion of the breast referred to as the areola or nipple, or simulation thereof.
"Nude or nearly nude activity" also includes any person performing, showing, exhibiting, acting or representing any dance, episode or musical entertainment in a lewd or indecent manner so that the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, or for any performer to perform, show, exhibit, act or represent any dance, episode or musical entertainment the purpose or effect of which is to direct the attention of the spectator to the breast, buttocks or genital organs of the performer, whether clothed or unclothed.
RESPONSIBLE PERSON
An owner of an establishment with a retail alcoholic beverage consumption license, an officer or director of a corporate owner of such establishment, an on premises manager of the establishment, or an on premises person-in-charge of the establishment.
It shall be unlawful for any person to conduct or perform, or allow to be conducted or performed any nude or nearly nude activity on or within any premises for which a retail alcoholic consumption license has been issued. Furthermore, it shall be unlawful for dancing exhibition involving (1) dancing in a licentious or sexually suggestive manner, (2) dancing nude, (3) dancing in insufficient attire, which shall include attire which: (i) is so thinly veiled as to allow viewing of most of the female breasts or any of the male or female genital areas, (ii) is so tight as to allow visual observation of the shape of the female breasts or of the male genitals, or (iii) is so minimal as to visually expose most or all of the female breasts or any of the male or female genital areas, or (4) touching between a hired dancer and a patron, to take place on or within any premises for which a retail alcoholic consumption license has been issued.
No dancer shall engage in prohibited go-go dancing in or about any establishment with a retail alcoholic beverage license in the Town of Secaucus, and no responsible person shall suffer, permit or allow sexually oriented go-go dancing in any such establishment in the Town of Secaucus.
No dancer shall engage in go-go dancing in or about any establishment with a retail alcoholic beverage consumption license in the Town of Secaucus which is located within 1,500 feet distance from church or other religious institution, private or public school, or a residence, and no responsible person shall suffer, permit or allow go-go dancing in any such establishment in the Town of Secaucus which is located within 1,500 feet distance from a residence.
Any go-go bar which operates a retail establishment as licensed by the Town of Secaucus at the effective date of this Article is excluded from this limitation, so as to protect the property interest of those presently operating under a liquor license issued by the Town of Secaucus. The exclusion right of existing go-go bars is nontransferable and terminates upon any transfer of the plenary retail consumption license.
A minimum of 25 parking spaces shall be provided for the patrons of the bar. Such parking shall be paved, striped and appropriately marked.
Any dancer or responsible person who violates any provision of this Article, shall be subject, at the discretion of the Municipal Court of the Town of Secaucus, to a fine of up to $500 and to imprisonment for up to 30 days. Each separate day on which a violation occurs shall constitute a separate offense. Any penalties imposed by the Municipal Court of the Town of Secaucus or by the N.J. Division of Alcoholic Beverage Control for violation of this Article or for the activity which constitutes violation of this Article.
It shall be the duty of the Police Department of the Town of Secaucus to enforce the provisions of this Article.
This entire Article shall be deemed and construed to be an exercise of the police power of the Town of Secaucus in the State of New Jersey and all of its provisions shall be liberally construed with a view to the effectuation of such purpose.
[Adopted 8-27-96 as Ord. No. 96-07]
As used in this Article:
ADULT BOOKSTORES
An establishment having as a substantial or significant portion of its stock in trade, books, magazines, other periodicals, films, or other viewing material which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities", "sexual conduct", "specified anatomical areas", or an establishment in which a segment or section of the premises is devoted to the sale, rental, display or viewing of such material.
ADULT LIVE ENTERTAINMENT
A live performance, act or dance performed by a nude or semi-nude entertainer, or other person, which depicts a person or persons engaging in or which call attention to, exhibits, shows or involves "specified sexual activities", or "specified anatomical areas," as defined herein.
ADULT MINI-MOTION PICTURE THEATERS
An enclosed building with a capacity of less than 50 persons used for presenting material, films, or movies distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities", "sexual conduct", or "specified anatomical areas" as defined herein, for the observation by patrons therein. This definition shall also apply to an enclosed building which contains any number of individual viewing booths in which a patron may privately or individually view material, films, or movies containing material as specified herein, or adult live entertainment.
ADULT MOTION PICTURE THEATERS
An enclosed building used primarily for presenting material, films or movies distinguished or characterized by an emphasis on matter to "specified sexual activities", "sexual conduct", or ''specified anatomical areas", as defined herein, for observation by patrons therein.
LOCATION RESTRICTION
An establishment's distance from a church or other religious institution, public or private school, or a residential area, for purposes of this Article, is the shortest linear distance between any part of the outside of the building in which the establishment is located, to any part of the outside of the nearest church or other religious institution, public or private school or residence.
OWNER
Any person who owns or operates an establishment or trade which can be defined as an adult bookstore, adult motion picture theater or adult mini-motion picture theater.
SEXUAL CONDUCT
Human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female whether alone or between a member of the same or opposite sex or between an act of apparent sexual stimulation or gratification.
SPECIFIED ANATOMICAL AREAS
(1) Less than completely and opaquely covered human genitals, pubic regions, buttocks, and/or female breasts below the point immediately above the top of the areola, or (2) human male genital, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITY
(1) Human genitals in a state of sexual stimulation or arousal or (2) any act of human masturbation, sexual intercourse or sodomy, or (3) fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
No adult bookstores, adult motion picture theaters or adult mini-motion picture theaters may be located within 1,000 feet of a church or other religious institution, public or private school or residentially zoned area, regardless of whether or not such zone is actually developed for residence, in the Town of Secaucus. All distances shall be measured along a straight line from the nearest boundary line on the lot on which the proposed adult bookstores, adult motion picture theater or adult mini-motion picture theater, is to be located to the nearest point on a property boundary line on which is located a church or other religious institution, private or public school or residential zone.
Adult bookstores shall not display or permit to be displayed at the premises any of its books, magazines, other periodicals, films, or other viewing material which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities", "sexual conduct", "specified anatomical areas", 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. Any public display of subject material shall constitute presumptive evidence that the premises knowingly made or permitted the display.
A minimum of 25 parking spaces shall be provided for the patrons of the bookstores or theater. Such parking shall be paved, striped and appropriately marked.
Any person who violates any of the provisions of this Article shall be subject, at the discretion of the Municipal Court of the Town of Secaucus, to a fine of up to $500 and to imprisonment for up to 30 days. Each separate day on which a violation occurs shall constitute a separate offense. Any penalties imposed by the Municipal Court of the Town of Secaucus for violation of this Article or for the activity which constitutes violation of this Article.
Any adult bookstore or motion picture theater which operates a retail establishment as licensed by the Town of Secaucus at the effective date of this Ordinance is excluded from this limitation, so as to protect the property interest of those presently operating. The exclusion right of existing adult bookstore or motion picture theater is nontransferable and terminates upon any transfer of the plenary retail consumption license.
It shall be the duty of the Police Department of the Town of Secaucus to enforce the provisions of this Article.
This entire Article shall be deemed and construed to be an exercise of the police power of the Town of Secaucus in the State of New Jersey and all of its provisions shall be liberally construed with a view to the effectuation of such purpose.