The Village of Interlaken finds that regulation of adult use
business to a specific area of the Village is necessary to protect
neighborhoods from the harmful secondary effects of adult businesses.
Some studies have identified such adverse secondary effects as urban
blight, decreased retail shopping activity and reduced property values.
As used in this chapter, the following terms shall have the
meanings indicated:
ADULT USE BUSINESSES
Including adult bookstores, adult video stores, adult motion-picture
theaters, adult mini-motion-picture theaters, adult cabarets, and
adult drive-in theaters shall be defined as follows:
A.
An adult bookstore is defined as an establishment having a substantial
or significant portion of its stock-in-trade books, magazines and
other periodicals which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specific sexual
activities or specific anatomical areas as defined below;
B.
An adult video store is defined as an establishment having as
a substantial or significant portion of its stock-in-trade video films,
videocassettes or other films for sale or rental which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specific sexual activities or specific anatomical areas
as defined below;
C.
An adult motion-picture theater is defined as a building with
a capacity of 50 persons or more used for presenting material distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specific sexual activities or specific anatomical areas
as defined below for the observation of patrons therein;
D.
An adult mini-motion-picture theater is defined as an enclosed
building with a capacity of less than 50 persons used for presenting
material distinguished or characterized by their emphasis on matter
depicting, describing or relating to specific sexual activities or
specific anatomical areas as defined below for the observation of
patrons therein;
E.
An adult cabaret is defined as an establishment which features
live go-go dancers, exotic dancers, strippers; male or female, male
or female impersonators or similar entertainers whose performances
are characterized by partial or full nudity;
F.
An adult drive-in theater is a drive-in theater utilized for
the presentation of materials distinguished or characterized by their
emphasis on matter depicting, describing or relating to specific sexual
activities or specific anatomical areas as defined below for the observation
of patrons therein;
G.
An adult physical contact establishment is defined as any establishment
which offers or purports to offer massage or other physical contact
to patrons of either gender by employees or staff of either gender.
Medical offices, offices of persons licensed or authorized under the
Education Law to practice massage therapy, offices of persons licensed
or otherwise authorized by the Education Law as a physical therapist
or physical therapist assistant and electrolysis, karate, judo and
dance studios are not to be considered adult physical contact establishments
under this section;
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals: pubic
region, buttock and female breast below a point immediately above
the top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if completely
or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Acts of human masturbation, sexual intercourse or sodomy; or
C.
Fondling or other erotic touching of human genitals, pubic regions,
buttocks or female breast.
No person shall establish or operate an adult use business,
as defined herein, in the Village of Interlaken, except within the
following designated area:
Between Clinton Street, Cayuga Street and Lakeview Street. From
Geneva Street down the center of said street due south to Clinton
Street.
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A violation of this chapter shall be an offense and shall be punishable as set forth in Chapter
1, General Provisions, Article
III, General Penalty.