As used in this chapter, the following terms shall have the
following meanings:
ADULT BOOKSTORE
Any establishment having as a substantial or significant
portion of its stock-in-trade, books, magazines, videos, films, CD-Roms
and other periodicals which are distinguished or characterized by
their emphasis on matter depicting or relating to sex, sexual activity
or sexual anatomical areas of the human body. In addition, this definition
shall include "peep shows," still or motion pictures, projectors or
other devices that project or produce images and/or devices that permit
visual observation of live persons.
ADULT ENTERTAINMENT
Any business enterprise having as a substantial portion of
its activity presentations, characterized by emphasis on the description
or depiction of sex, sexual activity or sexual anatomical areas of
the human body, whether by live shows, motion-picture films, videos,
sound recordings or other coin-operated, electronically or mechanically
operated devices.
SUBSTANTIAL PORTION
A.
For the purpose of determining whether a substantial portion
of an establishment includes an adult bookstore or adult entertainment
establishment, or combination thereof, the following facts shall be
considered:
(1)
The amount of floor area accessible to customers and allocated
to such uses; and
(2)
The amount of floor area accessible to customers and allocated
to such uses as compared to the total floor area accessible to customers
in the establishment.
B.
For the purposes of determining whether a bookstore has a substantial
portion of its stock in material defined in the above subsection hereof,
the following factors shall be considered:
(1)
The amount of such stock accessible to customers as compared
to the total stock accessible to customers in the establishment; and
(2)
The amount of floor area accessible to customers containing
such stock; and
(3)
The amount of floor area accessible to customers as compared
to the total floor area available for such stock.
For each and every violation of the provisions of this chapter,
the owner, general agent, managing agent or contractor of a building
or premises where such violation has been committed or shall exist
and also the owner, general agent, managing agent or contractor, lessee
or tenant of any part of a building or premises in which such violation
has been committed or shall exist, as well as the general agent, architect,
builder, contractor or other person who commits such violation, shall,
for each and every day such violation continues, be subject to a fine
of not more than $1,000 per day and a term of imprisonment not exceeding
ninety days, or any combination thereof. Each day that the violation
is permitted to exist shall constitute a separate offense. Nothing
is this chapter shall be construed as depriving the Village of North
Collins of any other available remedy.