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Lakehurst City Zoning Code

§ 25-31.4

Definitions.

[Ord. No. 92-09 § B]
As used in this section:
ADULT ARCADE
shall mean any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or image-producing devices are maintained to show images to one person per machine at one 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 its principal business purpose, conspicuously offers for sale or for rental for any form of consideration, any one or more of the following:
a. 
Books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations, which depict or describe “specified sexual activities” or specified anatomical areas”, or
b. 
Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities”.
ADULT MOTEL
shall mean a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration, and which:
a. 
Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” of “specified anatomical areas”, and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions; or
b. 
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
c. 
Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER
shall mean a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, 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 motion picture theaters shall meet the seating criteria established for adult theaters.
ADULT THEATER
shall mean a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity for live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.
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.
NUDITY or A STATE OF NUDITY
shall mean the appearance of human bare buttocks, anus, male genitals, female genitals or female breasts.
OBSCENE MATERIALS
shall mean the definition of obscene materials set forth in C.95, L. 1978, as amended by C. 211, Section 1, L. 1982 (effective December 23, 1982 as N.J.S. 2C:34-2), as same be, from time to time, amended or supplemented, as well as in accordance with, and not more strictly than judicial interpretations thereof, pursuant to the Constitution of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.
SEXUALLY ORIENTED BUSINESS
shall mean an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater or adult theater.
SPECIFIED ANATOMICAL AREAS means:
a. 
The less than completely and opaquely covered human genitals, pubic region, buttocks or female breasts below the point immediately above the top of the areola; or
b. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
shall mean and include any of the following:
a. 
The fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;
b. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
c. 
Masturbation, actual or simulated;
d. 
Excretory functions as part of or in conjunction with any of the activities set forth in a through c.