Section 2C:33-12.2 - Sexually oriented business, nuisance; crimea. As used in this act: (1) "Sexually oriented business" means: (a) 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, 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
(b) A commercial establishment which regularly features 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, slides, or other photographic representations which depict or describe a "specified sexual activity" or "specified anatomical area";(2) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.(3) "Specified anatomical area" means:(a) 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(b) Human male genitals in a discernibly turgid state, even if covered.(4) "Specified sexual activity" means: (a) The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or(b) Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse. b. In addition to any activities proscribed by the provisions of N.J.S. 2C:33-12, a person is guilty of maintaining a nuisance when the person owns or operates a sexually oriented business which offers for public use booths, screens, enclosures or other devices which facilitate sexual activity by patrons.c. Notwithstanding any other provision of law, a municipality shall have the power to determine restrictions, if any, on the hours of operation of sexually oriented businesses.d. A person who violates this act is guilty of a crime of the fourth degree.