[Adopted 2-13-1985 by L.L. No. 2-1985 (Ch. 367 of the 1985
Code)]
As used in this article, the following terms shall have the
meanings indicated:
COMMISSIONER
The Commissioner of the Suffolk County Department of Consumer
Affairs.
DEPARTMENT
The Suffolk County Department of Consumer Affairs.
DEVIATE SEXUAL INTERCOURSE
Sexual conduct between persons consisting of contact between
the penis and the anus, the mouth and penis or the mouth and the vulva.
MATERIAL
Anything tangible which is capable of being used or adopted
to arouse interest, whether through the medium of reading, observation,
sound or in any other manner.
NUDITY
The showing of the human male or female genitals, pubic area
or buttocks, with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple or the depiction of covered
male genitals in a discernibly turgid state.
OBSCENE
Material which:
A.
Considered as a whole, predominantly appeals to the prurient
interest in sex of individuals;
B.
Is patently offensive to prevailing standards in the adult community
as a whole, with respect to what is suitable material; and
C.
Considered as a whole, lacks serious literary, artistic, political
and scientific value.
PERFORMANCE
Any visual representation exhibited before a person.
PERSON
Individuals; natural persons; partnerships; joint ventures;
societies; associations; clubs; corporations; unincorporated groups
of any members; officers, directors or stockholders or any kind of
personal representative thereof, in any capacity, acting for himself
or for any other person, under either personal appointment or pursuant
to law.
PREMISES
Any public or quasi-public place, building or store where
the public may enter.
PROPRIETOR
Any person who, as the owner, lessee or proprietor, has under
his or its control any establishment, place or premises, in or at
which material portraying obscene sexual performance is placed or
kept for use or sale or on exhibition for the purpose of use or sale.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
SEXUAL PERFORMANCE
A.
Contact between any part of the genitals of one person and the
genitals, mouth or anus of another person.
B.
Contact between a person's mouth, anus or genitals and
the mouth, anus or genitals of an animal or fowl.
C.
Manipulation of a person's genitals.
D.
Actual or simulated sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, sadomasochistic abuse or lewd exhibition
of the genitals.
E.
Acts of masturbation, homosexuality, sexual intercourse or physical
contact with a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person is a female, breasts.
SIMULATED
The explicit depiction of any of the conduct set forth in
the definition of "sexual performance" above which creates the appearance
of such conduct and which exhibits any uncovered portion of the breasts,
genitals or buttocks.
The Commissioner is hereby authorized to issue and promulgate
such rules and regulations as he may deem necessary to implement and
carry out the provisions of this article.
[Adopted 8-24-2004 by L.L. No. 29-2004 (Ch. 388, Art. I,
of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
INSTRUMENTALITY OF AN OFFENSE
Any property the use of which contributed directly and materially
to the commission of an offense as defined in this article.
OFFENSE
A violation of any section of Article 263 of the Penal Law
of the State of New York.
PROPERTY
Any vehicles, airplanes, boats, vessels, computers, equipment
or any personal thing of value or any interest in a thing of value.
REAL PROPERTY
Includes land, buildings, fixtures, appurtenances, and improvements
thereon.
The County Attorney shall issue and promulgate such rules and
regulations as shall be necessary to implement the provisions of this
article.
This article shall apply to all actions and transactions occurring
on or after the effective date.