[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport 12-12-1994 by L.L. No. 5-1994 (Ch. 1A of the 1968 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 550.
The title of this chapter shall be "Adult Use
Law."
A.
The Village Board of the Village of Fairport, having
investigated and reviewed the impact of adult uses on communities,
makes the following findings:
(1)
Adult uses, as defined in this chapter, while not
per se unlawful, have an adverse secondary effect on surrounding neighborhoods
in that they expose minors to harmful materials and influences, tend
to attract excessive numbers of transients and promote an increase
in immoral, unhealthy and often illegal activities.
(2)
A special regulation of adult uses is necessary to
ensure that the foregoing secondary effects will not contribute to
the downgrading of residential and business neighborhoods in the Village
of Fairport by:
(a)
Preserving the character and quality of life
in Village residential neighborhoods and business areas.
(b)
Controlling such harmful and adverse secondary
effects of adult uses on the surrounding areas as attraction of transients,
parking and traffic problems, increased crime (including prostitution,
rape and assaults in the vicinity of such use), loss of business for
surrounding nonadult businesses, decreased property values and deterioration
of neighborhood quality.
(c)
Maintaining property values.
(d)
Restricting minors' access to adult uses.
B.
The adoption of this chapter is necessary and proper
to preserve, protect and provide for the general health, safety, welfare
and order of the residents of the Village of Fairport.
As used in this chapter, the following definitions
shall apply:
Any person 18 years of age or older.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, videos, computer software,
other periodicals or films for viewing on the premises by use of motion
picture devices or any other coin-operated means, which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas, as defined in this chapter, or an establishment with a segment
or section devoted to the sale or display of such material.
An establishment, or any part thereof, which presents any
of the following entertainments or services for observation by patrons
therein and which is operated for profit: topless female dancers;
strippers; male or female impersonators; exotic dancers; topless waitressing,
busing or service; or service or entertainment where the servers or
entertainers wear pasties or G-strings or both.
A hotel or motel which makes available to its patrons in
their rooms films, slide shows or videotapes distinguished or characterized
by an emphasis on material depicting, describing or relating to specified
sexual acts or specified anatomical areas, as defined in this chapter,
which, if presented in a public movie theater, would exclude any minor
by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows distinguished or characterized by an emphasis
on material depicting, describing or relating to specified sexual
activities or specified anatomical areas, as defined in this chapter,
which, if presented in a public movie theater, would exclude any minor
by reason of age.
Includes all of the uses defined in this section.
Any establishment where massages are administered for pay,
including but not limited to massage parlors, sauna baths and steam
baths. This definition shall not be construed to include a hospital,
nursing home, medical clinic or the office of a physician, surgeon,
chiropractor, osteopath or duly licensed physical or massage therapist
or barbershops or beauty salons in which massages are administered
only to the scalp, face, neck or shoulders. This definition shall
also exclude health clubs which have facilities for physical exercise,
such as tennis courts, racquetball courts or exercise rooms, and which
do not receive their primary source of revenue through the administration
of massages.
[Amended 4-10-2017 by L.L. No.
5-2017]
An establishment which presents material in the form of live
shows, films or videotapes viewed from an individual enclosure, for
which a fee is charged, and which is not open to the public generally,
but excludes any minor by reason of age.
Any person, firm, partnership, corporation, association or
legal representative acting individually or in concert with another.
Adult uses, as defined in § 150-3 of this chapter, shall be permitted, subject to the following limitations:
A.
Adult uses may be located only in an Industrial District
(M-1).
B.
No adult use shall be located within the following
distances measured from the nearest property boundary line of the
adult use lot to the nearest property boundary line of the non-adult-use
lot:
(1)
One 130 feet from the center line of Main Street.
(2)
Two hundred feet from any zoning district which is
zoned for any residential use, whether within the Village of Fairport
or any other adjacent municipality.
(3)
Five hundred feet from a preexisting church, synagogue
or temple used for worship, recreational facility, park, playground,
school or other area where children under 18 years of age congregate.
(4)
One hundred fifty feet from the north boundary of
lands owned by New York State on the north bank of the Erie Canal,
commonly known as the "blue line."
No adult use shall be conducted in such a manner
that permits the observation or hearing of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas which can be discerned from any public way or from
property not registered as an adult use. This provision shall apply
but is not limited to any display, decoration, sign, show window,
screen, door or other building opening, loudspeakers or sound equipment.
A.
No person shall own, lease, maintain, operate, use
or permit to be used any property which contains an adult use without
first registering said adult use with, and having a permit issued
by, the Village Clerk in the manner set forth in this section.
B.
No adult use shall be allowed to operate until a certificate
of registration is filed with the Village Clerk and a permit based
thereon shall have been issued by the Village Clerk. The certificate
of registration shall be in writing, signed by the registrant, and
shall contain the following information:
(1)
The address of the premises.
(2)
The name and address of the owner of the premises.
(3)
The name and address of the person or persons operating
the adult use and, if a partnership or corporation, the names and
addresses of the major shareholders of the corporation or all of the
partners of the partnership.
(4)
The date of the commencement of the adult use.
(5)
The nature of the adult use.
(6)
If the premises is leased, a copy of said lease.
C.
Upon filing a completed certificate of registration
with the Village Clerk and payment of registration fee, the Village
Clerk shall issue an adult use permit to the registrant, which shall
be valid for a period of one year from the date of issuance. A registration
fee in the amount as set forth in the fee schedule adopted by resolution
by the Board of Trustees of the Village of Fairport shall be paid
prior to the issuance of an adult use permit. An adult use permit
shall be renewed for subsequent additional terms, each of one year,
upon application therefor to the Village Clerk containing a certification
by the registrant setting forth any changes in the information contained
in the original certificate of registration filed with the Village
Clerk and the payment to the Village Clerk of a registration renewal
fee in the amount as set forth in the fee schedule adopted by resolution
by the Board of Trustees of the Village of Fairport.[1]
[Amended 6-12-1995 by L.L. No. 2-1995]
[1]
Editor's Note: The fee schedule is on file in the office of
the Village Clerk.
D.
If there occurs any change in the information contained
on the certificate of registration filed with the Village Clerk, the
Village Clerk shall be notified of such change and a new or amended
registration certificate filed within 30 days of such change.
E.
No permit issued under the provisions of this section
shall be transferable to any person, nor shall a certificate of registration
be transferable for use at any premises other than that stated in
the certificate of registration.
F.
The operator of any adult use shall cause a copy of
the permit issued under the provisions of this section to be prominently
displayed on the premises for which it is issued.
G.
If the holder of an adult use permit shall violate
any provision of this chapter, make any statement which he or she
knows to be false or reasonably should have known to be false on the
certificate of registration or fails to comply with any other law
pertaining to the use of the premises for which the adult use permit
has been issued, the adult use permit may not be issued or, if issued,
may be suspended or revoked.
Any person violating any provision of this chapter
shall, upon conviction thereof, be guilty of a violation under the
Penal Law of the State of New York and shall be punishable by a fine
not exceeding $250 or by imprisonment for a term not exceeding 15
days, or by both such fine and imprisonment. Each day that a violation
continues shall constitute a separate and distinct violation for each
day and is punishable as such.
