Town of Macedon, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Macedon 7-30-1991 as L.L. No. 2-1991. Amendments noted where applicable.]

§ 34-1 Purpose.

It is hereby declared the policy of the Town of Macedon, State of New York, that, in order to preserve public peace and good order and to safeguard the health, safety and welfare of the Town and to prevent the deleterious, secondary and blighting effects of adult entertainment establishments, it is necessary to regulate and control the operations and conduct of places offering adult entertainment and to fix certain responsibilities and duties of persons owning, operating or controlling such establishments and employed therein.

§ 34-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
Any business enterprise having as a substantial portion of its stock-in-trade books, magazines, pamphlets, pictures, drawings, photographs, motion-picture films or sound recordings or printed, visual and audio material of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities; or any business enterprise having a substantial area of its establishment devoted to the sale and display of such materials. For purposes of this definition, a "substantial portion" or "substantial area" shall mean more than 10% of the business is devoted to the sale and display of adult materials as determined by any of the following:
[Amended 5-9-2002 by L.L. No. 1-2002]
A. 
The number of different titles of printed, visual or audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities;
B. 
The number of copies of printed, visual or audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities;
C. 
The amount of floor space devoted to the sale and display of printed, visual or audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities;
D. 
The dollar amount of sales of printed, visual or audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities; or
E. 
The amount of on-site advertising which can be viewed by passersby or the amount or cost of advertising in print or broadcast media devoted to printed, visual or audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
ADULT ENTERTAINMENT ESTABLISHMENT
Any business enterprise having as a substantial portion of its activity the presentation, characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities, of live shows, motion-picture films or sound recordings presented to a common audience in an enclosed common area; visual or audio material presented by coin- or slug-operated or electronically or mechanically controlled, still or motion-picture machines, projectors or other image-producing devices to five or fewer persons per machine at any one time; any business enterprise serving food and beer, wine or liquor whose entertainers or waiters and waitresses appear in a state that displays any specified anatomical areas; or any business enterprise that offers services requiring the client or customer to display any specified anatomical areas, except medical and health service establishments. For purposes of this definition, a "substantial portion" shall mean more than (ten per cent) 10% of its activity is devoted to presentations characterized by the emphasis on description or depiction of specified anatomical areas or specified sexual activities as determined by any of the following:
[Amended 5-9-2002 by L.L. No. 1-2002]
A. 
The number of presentations characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities;
B. 
The size of the audiences attending presentations characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities;
C. 
The amount of floor space devoted to presentations characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities;
D. 
The amount of time devoted to presentations characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities; or
E. 
The amount of income generated from presentations characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities; or
F. 
The amount of on-site advertising which can be viewed by passersby, or the amount or cost of advertising in print or broadcast media devoted to presentations characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
BAR AND/OR LOUNGE
Any place of public assembly in which the business of, directly or indirectly, selling and/or serving drink to the public is conducted, with or without incidental musical entertainment; provided, however, that dancing and live entertainment of any kind are not permitted. A "bar and/or lounge" will not constitute a cabaret as herein defined.
CABARET
Any room, place or space in the Town where, for gain or profit, live or mechanically reproduced music is provided in connection with dancing or where, for gain or profit, any musician, group of musicians, floor show or similar live entertainment is provided. A full-service restaurant providing full-course meals with waiter- and waitress-service and which has, as part of the occupancy and services offered, background music for the benefit of patrons seated at tables and wherein dancing is prohibited shall not constitute a "cabaret" for the purposes of this chapter; provided, however, that such full-service restaurant shall notify the Town Clerk before it expects to offer such services to its patrons. This term shall include establishments known as "dance halls" and "discotheques."
DANCE HALL
Any place of public assembly in which dancing is carried on and to which the public may gain admittance either with or without the payment of a fee.
DISCOTHEQUES (and the like)
Any place of public assembly in which the business of, directly or indirectly, selling and/or serving food, drinks and/or alcoholic beverages to the public is conducted, in which dancing is carried on by any musical entertainment and to which the public may gain admission either with or without the payment of a fee.
PERSON
An individual, partnership, club, association, corporation, society or any other organized group of persons, and includes officers, directors, stockholders and trustees of a club, corporation, association or society.
PLACE OF PUBLIC ASSEMBLY
Any room, place or space which is occupied or arranged to be occupied for recreational, amusement, social, sports or similar purposes; or any building, shed or enclosure, whether indoor or outdoor, coming within the occupancy and other similar classifications of this chapter as determined by the officer charged with the enforcement of this chapter. For the purposes of interpretation, the term "public assembly," where used in this chapter, shall include the term "public assembly" or "assembly" as may be used in other codes, laws, ordinances, rules or regulations as may be applicable in the Town of Macedon.
SPECIFIED ANATOMICAL AREAS
The male genitals and/or the vulva or more intimate parts of the female genitals.
[Added 3-28 1996 by L.L. No. 2-1996]
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
[Added 3-28-1996 by L.L. No.2-1996]
A. 
The fondling or other erotic touching of human genitals, pubic regions, buttocks, anus or female breasts;
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
C. 
Masturbation, actual or simulated; or
D. 
Excretory functions as part of or in connection with any of the activities set forth in Subsection A, B and C above.

§ 34-3 Prohibited activity.

It shall be unlawful for any person to conduct, maintain or operate in the Town of Macedon an adult bookstore or an adult entertainment establishment.

§ 34-4 Prohibited exposure.

A. 
Exposure by individuals. It shall be unlawful for a female to expose that portion of her breast below the top of the areola or to appear before or come in contact with patrons with the portion of her breast below the top of the areola not covered with a fully opaque covering or for any person, male or female, to show the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered or to appear in any scene, sketch, act or entertainment with breasts (in case of a female) or the lower part of the torso uncovered or so thinly draped as to appear uncovered.
B. 
Promoting exposure. It shall be unlawful for any person conducting, maintaining or operating a cabaret, bar and/or lounge, dance hall or discotheque establishment or any other place of public assembly within the Town of Macedon to suffer or permit any waitress, barmaid, entertainer or other person who comes in contact with or appears before or is likely to come in contact with or appear before patrons with breasts uncovered in such a manner that the portion of the breast below the top of the areola is not covered with a fully opaque covering or the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered or to appear in any scene, sketch, act or entertainment with breasts or the lower part of the torso uncovered or so thinly draped as to appear uncovered. Reference to breasts in this section refers to females only. Reference to the lower part of the torso refers to both males and females.

§ 34-5 Penalties for offenses.

[Amended 3-28-1996 by L.L. No.2-1996]
Any person who shall violate any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I. Each day's continued violation shall constitute a separate violation.