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Keyport City Zoning Code

§ 25-1-15.15

Adult entertainment uses.

[Ord. No. 31-92; Ord. No. 27-93; amended 5-3-2005 by Ord. No. 6-05; 12-18-2018 by Ord. No. 28-18]
a. 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUALLY ORIENTED BUSINESS
1. 
A commercial establishment which, as one of its principal business purposes offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, digital video discs, 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 any 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 waiters, waitresses, dancers or other live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, video cassettes, digital video discs, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area; or
3. 
Hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration, and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video discs, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area, and has a sign visible from a public right-of-way which advertises the availability of these visual representations, or offers a sleeping room for rent for a period of time that is less than 10 hours; or allows an occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
SPECIFIED ANATOMICAL AREA
1. 
Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or
2. 
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
1. 
The fondling or other erotic touching of covered or uncovered human genitals pubic region, buttock or female breasts; or
2. 
Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
b. 
Prohibited locations. 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 any hospital or any child-care center, or within 1,000 feet of any area zoned for residential use or within 1,000 feet of a public or private recreational facility, including, but not limited to, bowling alleys, skating rinks, pool parlors, video arcades or similar enterprises catering to or frequently attended by minors under the age of 18 years. This section shall not apply to a sexually oriented business already lawfully operating on the effective date of this subsection[1] 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 lot is subsequently established within 1,000 feet.
[1]
Editor's Note: Ordinance No. 6-05, codified herein, was adopted 5-3-2005.
c. 
Buffer required. Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings, to the satisfaction of the Municipal Planning Board. This section shall not apply to a sexually oriented business already lawfully operating on the effective date of this subsection.[2]
[2]
Editor's Note: Ordinance No. 6-05, codified herein, was adopted 5-3-2005.
d. 
Facilitation of sexual activity prohibited.
1. 
No sexually oriented business which regularly shows films, motion pictures, video cassettes, digital video discs, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area shall offer for public use any private booths, screens, enclosures or other devices which facilitate sexual activity by patrons.
2. 
All booths used for the viewing of motion pictures or other forms of entertainment in adult entertainment establishments shall be prohibited from having doors unless one side is open to an adjacent public room so that the area inside is visible to person in that adjacent room.
3. 
All booths used for the viewing of motion pictures shall be available for the public during the hours of 10:00 a.m. to 10:00 p.m. only.
e. 
Sign prohibiting minors required. No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.
f. 
Violations and penalties. Any person, firm or corporation that violates this subsection is guilty of a crime of the fourth degree.