N.J. Adult Business Regulation Bills Pass Assembly

TRENTON, N.J. — Two bills mandating restrictions on planned sexually oriented businesses in New Jersey were approved by large margins Monday in the state General Assembly, but they may encounter problems in the state Senate.

The first bill would permit municipalities to license sexually oriented businesses and require owners to post guards at their expense at stores within 3,000 feet of schools, school bus stops or childcare centers when children are present. It was approved 75-1 with four abstentions.

The second bill would require owners to obtain a use variance from a town's zoning board every time they want to open an adult store. That would require the owners to notify all property owners within 3,000 feet of the proposed sexually oriented business, and then present their plan at a public hearing. It passed 77-1 with two abstentions.

The bills would join existing New Jersey state law, which already bans adult stores from opening within 1,000 feet of churches, schools, school bus stops, hospitals and recreational areas.

"I think it was motivated by the religious right, with their own personal agenda. I'm appalled by what is going on with the religious right to impose their own personal morality on everybody," New Jersey Adult Cabaret Association Executive Director Jeff Levy told XBIZ. "[The legislators] are just too afraid to say 'We know what the truth is, it's just not a popular position.' It would be best if they looked to the facts."

The New Jersey Adult Cabaret Association testified against both bills in February and the association also submitted 12 studies published by academic institutions to the Assembly Housing and Local Government Committee. The association now intends to send the studies to the state senators, Levy said.

Opposition to the bills also has come from the New Jersey State League of Municipalities, which considers the measures flawed. A legislative analyst said that municipalities may have to pay for the mandated guards instead of the adult store owners, and the laws will face 1st Amendment challenges.

"It's difficult to see how these provisions will pass Constitutional muster," 1st Amendment attorney Jeffrey Douglas told XBIZ. "In most states, the law is well developed that you may not have a discretionary authority to grant or deny a license when a factor in granting or denying a license is the content of the material.

"Here you have a requirement that there be discretionary disallowance by use of conditional use permits and similar approaches, like public hearings. If there are objective criteria, there's no point in having a public hearing. If the criteria are subjective, and community opposition could derail the opening of an otherwise-lawful business, it means that you have allowed a simple majority to interfere with the rights of speakers, and that is perfectly inconsistent with the 1st Amendment."

Levy told XBIZ that he plans to meet with Assemblywoman Pamela R. Lampitt, who sponsored both bills.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Electric Novelties Debuts New 'Gemsations' Anal Plug Collection

Electric Novelties has introduced its Gemsations line of anal plugs in silicone and metal options.

FSC Publishes Analysis of Federal Trade Commission Event Promoting AV

Free Speech Coalition (FSC) has published an analysis of a Federal Trade Commission (FTC) event held this week that promoted age verification among other forms of speech regulation.

Adam & Eve Reveals Results of 'Happy Ending Dream' Survey

Adam & Eve has released the results of a survey asking respondents if they have ever had a sex dream with a happy ending.

GirlsDoPorn Owner Michael Pratt Pleads Guilty to Sex Trafficking

Michael Pratt, former owner of the rogue website GirlsDoPorn, pleaded guilty in the U.S. District Court for the Southern District of California on Thursday to sex trafficking and conspiracy to commit sex trafficking charges, according to a report by City News Service.

Kheper Releases New 'Drink if... Taboo Version' Party Game

Kheper Games has released its new "Drink if… Taboo Version" party game.

Federal Judge Grants Partial Halt of Florida AV Law

The United States District Court for the Northern District of Florida, Tallahassee Division, has granted a preliminary injunction against HB 3, the state's age verification law, as a lawsuit filed by two online trade associations challenging the law makes its way through the courts.

Aneros Debuts 'Eupho Syn V' From 'Vibration Collection'

Aneros has introduced the Eupho Syn V from its Vibration Collection.

Wells Apparel Group Inks Distro Deal With Kix'ies

Wells Apparel Group has signed a deal with Kix’ies, Inc. for distribution throughout 13 states.

Ohdoki Debuts 2 New Strokers

Ohdoki has introduced two new stroker sleeves.

Aylo Releases Statement on Suspending Access to Pornhub in France

Technology and media company Aylo, which operates adult sites including Pornhub, YouPorn, and Redtube, has released a public statement regarding its decision to block access to its sites in France.

Show More