[HISTORY: Adopted by the Town Board of the Town of New Lebanon 9-8-1997
by L.L. No. 2-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 205.
In the development and execution of this chapter, it is recognized that
adult bookstores and adult entertainment because of their very nature are
recognized as having serious objectionable operational characteristics, particularly
when several of them are concentrated under certain circumstances and in close
proximity to one another, thereby having a deleterious effect upon the adjacent
area. Special regulation of such uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the surrounding
neighborhood, thereby have a direct deleterious effect on the health, safety
and general welfare of the town and its inhabitants. The primary control or
regulation is for the purpose of preventing a concentration of this use in
any one (1) area.
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment having as 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 or relating to specified
sexual activity or specific anatomical areas (as defined below) for observation
by patrons therein.
Any business enterprise having as a substantial portion of its activity
the presentation, characterized by emphasis on the description or depiction
of specified anatomical areas or specified sexual activities, of live shows,
motion-picture films or sound recordings presented by coin- or slug-operated,
or electronically or mechanically controlled, still or motion-picture machines,
projectors or other image-producing devices; any business enterprise serving
food and beer, wine or liquor whose entertainers or waiters and waitresses
appear in a state that displays any specified anatomical areas; or any business
enterprise that offers services requiring the client or customer to display
any specified anatomical areas, except medical and health services establishments.
Less than completely and opaquely covered human genitals, pubic region,
buttock and female breast below a point immediately above the top of the areola
and human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
Human genitals in a state of sexual stimulation or arousal; acts
of human masturbation, sexual intercourse or sodomy; fondling or other erotic
touching of human genitals, pubic region, buttock or female breast.
A.
No adult bookstore and/or adult entertainment establishment
shall hereafter be located within two thousand five hundred (2,500) feet from
the nearest property line of any public, private or parochial school, library,
park or playground, church, convent, monastery, synagogue or other place of
worship. No adult bookstore shall hereafter be located within two thousand
five hundred (2,500) feet from the nearest property line of an adult entertainment
establishment.
B.
In addition to the following, it shall be unlawful to
hereafter open, establish, own or manage any adult bookstore and/or adult
entertainment establishment within two thousand five hundred (2,500) feet
from the nearest property line of any public, private or parochial school,
library, park or playground, church, convent, monastery, synagogue or other
place of worship.
Violation of this section is punishable by a fine not exceeding one
thousand dollars ($1,000) or by imprisonment not exceeding one (1) year, or
by both fine and imprisonment. Each day or any portion thereof in which any
violation of this section is committed, permitted or continued shall constitute
a separate offense. In addition to these penalties, the town may institute
any appropriate action or proceedings to enjoin the establishment or continuance
of such use in violation of the provisions hereof or take such other legal
or administrative action deemed necessary or desirable to correct or abate
such violation.
