Pursuant to N.J.S. 2C:3-4-2(b) the legislature of the State of New Jersey has determined that it is a fourth degree crime to sell, distribute, rent or exhibit material which is obscene. Consequently, the State of New Jersey has preempted the Borough of Lakehurst from prohibiting the sale of material which the Borough believes to be obscene. However, in order to promote the public health, safety and general welfare of its citizens, the Borough of Lakehurst may promulgate reasonable time, place and manner regulations with respect to the sale, distribution, rental or exhibition of various items by sexually oriented businesses.

The Borough has determined that sexually oriented businesses have a deleterious effect on both the existing businesses adjacent to such establishments, as well as the surrounding residential areas; causes increased crime, especially prostitution; adversely affects property value; creates an atmosphere which is inimical to the values of a significant segment of the Borough’s population; encourages residents and businesses to move elsewhere; and that such sexually oriented businesses, when located in close proximity to each other, contributes to urban blight and down-grades the quality of life in the adjacent areas.