[Amended 5-15-2017 ATM by Art. 29]
A. Purpose. It is the purpose of this section governing Adult Entertainment
Establishments to address and mitigate the secondary effects of Adult
Entertainment Establishments and sexually oriented businesses that
are referenced and defined herein. Secondary effects have been shown
to include increased crime, adverse impacts on public health, adverse
impacts on the business climate of the Town, adverse impacts on the
property values of residential and commercial properties, and adverse
impacts on the quality of life in the Town. All of said secondary
impacts are adverse to the health, safety and general welfare of the
Town and its inhabitants.
(1) The provisions of this section have neither the purpose nor intent
of imposing a limitation on the content of any communicative matter
or materials, including sexually oriented matter or materials. Similarly,
it is not the purpose or intent of this section to restrict or deny
access by adults to Adult Entertainment Establishments or to sexually
oriented matter or materials that are protected by the Constitution
of the United States of America or of the Commonwealth of Massachusetts,
nor to restrict or deny rights that distributors or exhibitors of
such matter or materials may have to sell, rent, distribute or exhibit
such matter or materials. Neither is it the purpose or intent of this
section to legalize the sale, rental, distribution or exhibition of
obscene or other illegal matter or materials.
B. Authority. This section is enacted pursuant to MGL Chapter 40A and
pursuant to the Massachusetts Constitution to serve the compelling
Town interests of limiting the location of and preventing the clustering
and concentration of certain Adult Entertainment Establishments for
the reasons set forth, above.
C. Applicability. An Adult Entertainment Establishment shall be permitted as set forth in the Table of Use Regulations by special permit by the Board of Appeals when the Board determines that the requirements of §§
235-55 and
235-56, excepting §
235-56B(2) and
(4), have been met, and provided further that conditions imposed under §
235-56D shall be limited to conditions that are both content-neutral and the least-restrictive means available of regulating the proposed facility.
D. Location. Adult Entertainment Establishments may not be located less
than 750 feet from:
(3) Public or private nursery schools;
(4) Public or private day care centers;
(5) Public or private kindergartens;
(6) Public or private elementary schools;
(7) Public or private secondary schools;
(9) Churches, temples or other places of worship.
E. Conditions.
(1) In no instance shall the Board of Appeals issue a special permit
to any person convicted or violating MGL c. 119, § 63 or
MGL c. 272, § 28.
(2) No pictures, publications, electronic media, or other implements,
items, or advertising that fall within the definition of adult merchandise
shall be displayed in store windows or be visible from areas used
by the general public.