[HISTORY: Adopted by the Town Board of the Town of Gates as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 190.
[Adopted 3-6-1995 by L.L.
No. 1-1995]
It is the purpose of this article to regulate sexually oriented businesses,
to promote the health, safety, morals and general welfare of the citizens
of the Town of Gates and to establish reasonable and uniform regulations to
prevent the deleterious location and concentration of sexually oriented businesses
within the Town of Gates. The provisions of this article 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 article 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 article to condone or legitimize
the distribution of obscene materials.
The following words or phrases used in this article are defined as follows:
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, or 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.
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:
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.
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.
The sale or rental of the items contained in Subsections A and B above will be deemed a principal business purpose in cases where those items comprise 20% or more of the business of the establishment. The twenty-percent threshold shall apply to any or all of the following as it relates to those items:
[Added 4-21-2003 by L.L. No. 1-2003]
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity.
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
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.
A hotel, motel or similar commercial establishment which:
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.
Offers sleeping rooms for rent for a period of time that is less than
10 hours.
Allows a tenant or occupant of a sleeping room to sub-rent the room
for a period of time that is less than 10 hours.
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.
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 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.
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.
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:
The opening or commencement of any sexually oriented business as a new
business.
The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business.
The additions of any sexually oriented business to any other existing
sexually oriented business.
The relocation of any sexually oriented business.
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 areolas of the female breast, as well as portions of the
body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
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 centers.
The male genitals and/or the female genitals.
Any of the following:
See "nudity."
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 article.
Includes any of the following:
The sale, lease or sublease of a sexually oriented business.
The transfer of securities which constitute a controlling interest in
a sexually oriented business, whether by sale, exchange or similar means.
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.
[Amended 3-4-2002 by L.L.
No. 1-2002]
Adult uses are permitted in any Limited Industrial District and shall
be subject to the following regulations:
A.
An adult use may not be operated within 500 feet of:
[Amended 4-21-2003 by L.L. No. 1-2003]
B.
An adult use may not be operated within 500 feet of another
adult use, or the same lot or parcel of land.
[Amended 4-21-2003 by L.L. No. 1-2003]
C.
An adult use may not be operated in the same building,
structure or portion thereof containing another adult use.
D.
For the purposes of this article, 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 school or licensed
child day-care center, or to the nearest boundary of an affected public park,
residential district or residential lot.
E.
For the purpose of this article, 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.
F.
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 article 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.
A person may operate an adult use business only within the Limited Industrial District(s) in the Town of Gates in accordance with the provisions of this article and Chapter 190, Zoning, of the Code of the Town of Gates.
B.
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 article.
C.
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.
D.
Any owner and/or operator, employee of the owner and/or
operator or agent of the owner/operator shall permit representatives of the
Gates Police Department, 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 departments 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 ensuring compliance with this article,
at any time it is occupied or open for business.
A.
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 500 feet of the adult business.
[Amended 4-21-2003 by L.L. No. 1-2003]
B.
Any adult use business lawfully operating within the Town of Gates outside the areas designated in § 137-3 hereof on the effective date of this article shall be treated as a nonconforming preexisting use regarding location; however, such business shall be subject to all other requirements of this article.
It shall be deemed a violation of this article if the owner and/or operator,
an employee of the owner and/or operator or an agent of the owner/operator
has:
A.
Violated or is not in compliance with any section of
this article;
B.
Refused to allow an inspection of the adult use business
premises as authorized in this article;
C.
Allowed gambling to occur on the adult use business premises;
D.
Allowed the possession, use or sale of a controlled substance
to occur on the premises;
E.
Allowed prostitution to occur on the premises; and/or
F.
Allowed any act of sexual intercourse, sodomy, oral copulation,
masturbation or other sexual conduct to occur on the premises.
A.
A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution under Chapter 190, Zoning, of the Code of the Town of Gates, or, in the alternative, violation of this article may be enforced by injunction.
B.
The continuation of a violation of the provisions of
this article shall constitute, for each day the violation is continued, a
separate and distinct offense hereunder.
C.
Each violation of the provisions of this article shall
subject the owner and/or operator to a fine in the amount of $250 or imprisonment
for not more than 15 days, or both such fine and imprisonment, for each such
violation, in addition to any other penalties otherwise imposed hereunder.
[Amended 9-7-1999 by L.L.
No. 2-1999]
