[HISTORY: Adopted by the Town Board of the Town of Rush 1-11-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
Zoning — See Ch. 120.
It is the purpose of this chapter to regulate sexually oriented businesses, to promote the health, safety, morals, and general welfare of the citizens of the Town of Rush, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Town of Rush. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the Constitution of the United States, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene materials.
The following words or phrases used in this chapter are defined as follows:
- ADULT ARCADE
- Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any 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
- A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
- A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproduction, 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. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified, sexual activities or specified anatomical areas and still be defined as an adult bookstore so long as one of its principal business purposes is the offering for sale or rental for consideration of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
- ADULT CABARET
- A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
- A. Persons who appear in a state of nudity; or
- B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
- C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
- ADULT MOTEL
- A hotel, motel or similar commercial establishment which:
- A. Offers accommodations to the public for any form of consideration; 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 or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this adult-type of photographic reproductions; or
- B. Offers sleeping rooms 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 subrent the room for a period of time that is less than 10 hours.
- ADULT MOTION-PICTURE THEATER
- 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 THEATER
- A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
- ADULT USES
- Adult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies, nude model studios and sexual encounter centers.
- ADULT VIDEO STORE
- (See “adult bookstore.”)
- A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
- ESCORT AGENCY
- A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
- Any of the following:
- A. The opening or commencement of any sexually oriented business as a new business;
- B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
- C. The additions of any sexually oriented business to any other existing sexually oriented business; or
- D. The relocation of any sexually oriented business.
- NUDE MODEL STUDIO
- Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
- The appearance of a human bare buttocks, anus, genitals, or full female breast.
- An individual, proprietorship, partnership, corporation, association, or other legal entity.
- A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
- SEXUAL ENCOUNTER CENTER
- A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
- SEXUALLY ORIENTED BUSINESS
- An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
- SPECIFIED ANATOMICAL AREAS
- The male genitals and/or the female genitals.
- SPECIFIED SEXUAL ACTIVITIES
- Any of the following:
- STATE OF NUDITY
- (See “nudity.”)
- SUBSTANTIAL ENLARGEMENT
- The increase in floor areas occupied by a sexually oriented business by more than 25% of the floor areas as it exists on the effective date of this chapter.
- TRANSFER OF OWNERSHIP OR CONTROL
- Means and includes any of the following:
- A. The sale, lease, or sublease of a sexually oriented business;
- B. The transfer of securities which constitute a controlling interest in a sexually oriented business, whether by sale, exchange, or similar means; or
- C. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of a sexually oriented business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
Adult uses shall be a conditional use in any Limited Industrial District, shall require issuance of a special permit by the Planning Board pursuant to § 120-69 of Chapter 120, Zoning, and shall also be subject to the following regulations:
An adult use may not be operated within 1,000 feet of another adult use, or the same lot or parcel of land.
An adult use may not be operated in the same building, structure, or portion thereof containing another adult use.
For the purposes of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use is conducted, to the nearest property line of the premises of a church or public or private elementary, secondary school or licensed child day-care center, or to the nearest boundary of an affected public park, residential district, or residential lot.
For the purposes of this chapter, the distance between any two adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
All adult uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by this chapter shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
A person may operate an adult use business only within the Limited Industrial District(s) in the Town of Rush in accordance with the provisions of this chapter and Chapter 120, Zoning, of the Code of the Town of Rush.
Prior to the commencement of any adult use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for an adult use business and compliance with this chapter.
All code enforcement officials, including the Town Code Enforcement Officer and Town Fire Marshal, shall complete their certification that the premises is in compliance, or not in compliance, within 20 days of the inspection of the premises by such officials.
Any owner and/or operator, employee of the owner and/or operator or agent of the owner/operator shall permit representatives of the Monroe County Sheriff's Office, the New York State Police, County or State Health Department, Town Fire Marshal, Town Code Enforcement Officer, or other Town, county or state department or agencies that have permitting authority regarding the use and/or premises to inspect the premises of an adult use business for the purpose of insuring compliance with this chapter, at any time it is occupied or open for business.
An adult use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult use business, of a church, public or private elementary or secondary school, public park, residential zoning district, or a residential lot within 1,000 feet of the adult use business.
It shall be deemed a violation of this chapter if the owner and/or operator, an employee of the owner and/or operator or an agent of the owner/operator has:
Violated or is not in compliance with any section of this chapter;
Refused to allow an inspection of the adult use business premises as authorized by this chapter;
Allowed gambling occur on the adult use business premises;
Allowed the possession, use of sale of a controlled substance occur on the premises;
Allowed prostitution occur on the premises;
Allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur on the premises.
Any violation of this chapter shall be deemed an offense punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day a violation occurs shall constitute a separate violation.