Conference/Public Meeting Agendas/Documents — Packet

(1) Purpose. The purpose of this ordinance is to limit offenses against public order, health and decency in the Township of West Orange (the "Township"). This ordinance is enacted pursuant to N.J.S.A. 2C:34-2. (2) Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings indicated below: Adult arcade shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electricity or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. Adult bookstore or adult video store shall mean a commercial establishment which as one (1) of its principal business purposes, offers for sale or for rental, or for any form of consideration, any one (1) or more of the following: (i) Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; and/or (ii) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; and/or (iii) Video stores whose inventory of adult videos is less than twenty (20%) percent of the total number of videos offered for sale or rent are not an adult video store for purposes of this section. Adult cabaret shall mean a nightclub, bar, restaurant or similar commercial establishment, which regularly features: (i) Persons who appear in a state of nudity; or (ii) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (iii) Films, motion pictures, video-cassettes, slides or other photographic reproductions which are characterized by the depiction or description of

ed sexual activities; or (iii) Films, motion pictures, video-cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motel shall mean a hotel, motel or similar commercial establishment, which offers accommodations to the public for any form or consideration of which: (i) Offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours; or (ii) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twenty-four (24) hours. Adult motion-picture theater shall mean a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult theater shall mean a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a 107

state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Commercial display shall mean the exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor’s place of business or elsewhere. Go-Go entertainment business shall mean the definition set forth in Section 25-4 of the Land Use Regulations of the Township of West Orange. Massage parlor shall mean a place where persons pay either a membership fee or an admission fee or any other fee and where specified sexual activities are permitted or encouraged. Nudity or state of nudity shall mean the appearance of a human bare buttock, anus, male genitals, female genitals or female breasts. Obscene materials shall mean the definitions of obscene materials set forth in P.L 1978, c. 95, as amended by P.L. 1992, c. 211 Section 1 (effective December 23, 1982 as N.J.S.A. 2C:34-2), as the same shall be from time to time amended. Person shall mean an individual, proprietorship, partnership, corporation, association or other legal entity. Sex club shall mean a public or private place where persons pay either a membership fee or an admission fee and where the activity on the premises consists, in whole or in part, of direct sexual contact between and among the patrons. Notwithstanding the fact that the owner or operators of a "sex club" contend that the club is private, nevertheless such places shall be deemed to be public if there is nothing about the operation to distinguish a "member" from anyone else who seeks admittance to the premises. Sexually oriented business shall mean an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, "Go-Go" entertainment business, massage parlor, sex club, or tattoo parlor. Specified anatomical areas shall mean: (i) Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following: (i) The fondling or other

r (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following: (i) The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts; (ii) Sex act, normal or perverted, actual or simulated including intercourse, oral copulation or sodomy; (iii) Masturbation, actual or simulated; and (iv) Excreta functions as part of or in connection with any of the activities set forth in the definition of specified sexual activities above. 108

Tattoo parlor shall mean any establishment, shop or operation wherein a tattoo is removed from or affixed upon the surface of a human body. (3) Location of Sexually Oriented Businesses. (i) A person violates this ordinance if he/she operates or causes to be operated a sexually oriented business within five hundred (500) feet of: [a] Places of public worship, including but not limited to any church, synagogue, temple; [b] Any school or other place of instruction, whether public or private, including but not limited to any elementary or secondary school or any school bus stop; [c] Any municipal or county playground or place of public resort and recreation; [d] Any mental or physical health care provider or facility; [e] Any individual residence or residential district; [f] A boundary of any zone, as defined by the Land Use Regulations of the Township of West Orange, in which residential uses are permitted; [g] Any day-care center or similar facility for pre-school children; [h] Any other sexually oriented business; and [i] Any hospital. (ii) Measurement shall be made in a straight line without regard to intervening structures or objects, from the nearest point of the property line of the parcel of land upon which the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises devoted to residential use or another sexually oriented business, which is used for a purpose set forth herein. (iii) Every sexually oriented business shall be surrounded by a perimeter buffer of at least fifty (50) feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. (iv) No sexually oriented business shall display more than two (2) exterior signs, consisting of one (1) identification sign and one (1) sign

s in which the business is located. (iv) No sexually oriented business shall display more than two (2) exterior signs, consisting of one (1) identification sign and one (1) sign giving notice that the premises are off limits to minors. The combined signage shall be no more than forty (40) square feet in size. In addition, the signage shall comply with the Township Zoning Ordinance, but in no event, shall the total square footage of both signs exceed forty (40) square feet in the aggregate. (4) Development Standards. (i) Buildings used for sexually oriented businesses shall meet all applicable safety standards of the Township, including but not limited to adequate fireproofing of walls, floors, ceilings, adequate fire escapes and exits and adequate fireproofing of all book storage areas. (ii) All zone requirements for setbacks, building height, buffers, signs, parking and the like shall be complied with. 109

(iii) All site improvements and site design shall conform to the re- quirements prescribed under subsection 25-40.2 of the Land Use Regulations of the Township of West Orange. (iv) The interior of the sexually oriented business shall be adequately lighted and constructed so that every portion thereof, except for restroom(s) and areas restricted to employees, is readily visible to the clerk or other supervisory personnel from the counter or other regular stations. (v) Obscene materials 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 semi-public. (vi) No loudspeakers or sound equipment shall be used for adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, "Go-Go" entertainment business, massage parlor, sex club, or tattoo parlor as defined herein. (vii) No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business, regardless of the provisions of paragraph b, 2(l)(3)(i)[f] of this ordinance. (viii) The lighting on the inside and the outside of the building must be approved by the Township Engineering Department. (ix) There must be security personnel and procedures on the premises and in effect during all business hours. All such procedures and personnel must be approved in advance by the Chief of Police. (x) The sexually oriented business must provide off-street parking spaces at a ratio of one (1) space for every three (3) seats or one (1) space for every thirty (30) square feet in the entire establishment (kitchen, storage, etc.), whichever is greater. (5) Use Regulations. (i) No person under the age of eighteen (18) shall be permitted into any sexually oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation. (ii) The sexually oriented business must close no later

oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation. (ii) The sexually oriented business must close no later than 12:00 a.m. and remain closed until 11:00 a.m. the same day, on weekdays and Saturdays. All sexually oriented business shall be closed on Sundays. (iii) No smoking is permitted in any sexually oriented business. No consumption of alcoholic beverages is permitted at any time in any sexually oriented business. (iv) The operation of a sexually oriented business must not be a disturbance to the public, create a nuisance or contribute to loitering by individuals outside the premises including patrons waiting to enter. (v) Any dancing that takes place at a sexually oriented business must take place on a platform or stage at least twenty (20) feet from the sitting area for patrons. The platform or stage must have at least fifty (50) square feet for each performer and no more than three (3) persons may be performing at any one (1) time. There shall only be one (1) platform or stage in each establishment and it must be structurally 110

sound and inspected by the Construction Official. Permanent stairs constructed in accordance with law must be installed to the platform or stage. (6) Enforcement. (i) Except as otherwise provided by State statute, any person violating any provision of this ordinance, upon conviction, is punishable by a fine not to exceed one thousand ($1,000.00) dollars or a term of imprisonment not to exceed ninety (90) days, or both. In no event shall any person violating this ordinance, upon conviction, receive a fine below the amount of one hundred ($100.00) dollars. In addition, the Town-ship may authorize the Law Department to file an action in any court of competent jurisdiction to remove or abate any violation of this ordinance. (ii) Each day a sexually oriented business is operating in violation of any provision of this ordinance shall be deemed a separate offense under this ordinance. (k) Check Cashing Facility. Check cashing facilities shall be permitted in the OB-1 Central Business District Overlay Zone as a conditional use but only after the following requirements are satisfied: (1) Off-street parking spaces with a ratio of one (1) space for every twenty (20) square feet, and a minimum of twenty-five (25) off-street parking spaces must be provided with a fifteen (15) minute parking limit to prevent loitering. (2) The lighting on the inside and outside of the facility must be approved by the Township Engineering Department. The lighting in the parking lot must be high enough in intensity to provide adequate security to patrons but shall be shielded as to not interfere with the neighboring properties. (3) The establishment shall have an interior vestibule with a double set of security doors operated by electronic signal for admittance. (4) All windows and teller booths shall be installed with one (1) inch bullet-proof glass. (5) Security cameras shall be installed which provide interior and exterior surveillance. (6) An alarm system shall be

led with one (1) inch bullet-proof glass. (5) Security cameras shall be installed which provide interior and exterior surveillance. (6) An alarm system shall be installed and connected directly to the West Orange Police Department with a panic button in each teller booth. (7) There must be security personnel and procedures on the premises and in effect during all business hours. All such procedures and personnel must be approved in advance by the West Orange Police Department. (8) The establishment shall close no later than 6:00 p.m. and open no earlier than 6:00 a.m. (Ord. No. 904-88 § 25-6.2; Ord. No. 989-89 § 1; Ord. No. 1102-91 § 1; Ord. No. 1144-92; Ord. No. 1189 § 3; Ord. No. 1191 § 3; Ord. No. 1224-93; Ord. No. 1236-94; Ord. No. 1337-95; Ord. No. 1338-95 § 2; Ord. No. 1409-96 § 1; Ord. No. 1423 § 2; Ord. No. 1485-97 § 1; Ord. No. 1536-98 §§ I-VI; Ord. No. 1859- 02 § II; Ord. No. 1874-03; Ord. No. 1932-04 § II) (l) Motor Vehicle Sales Establishment. (1) The minimum lot area shall be forty thousand (40,000) square feet. 111