Village of Rockville Centre, NY Article XXI Adult Uses

[Added 3-11-2002 by Ord. No. 2-2002]

§ 340-116 Regulation of adult use establishments.

A. Purpose and findings. The purpose of this local law is to regulate adult use establishments and sexually oriented businesses and to protect and promote the health, safety, morals and general welfare of the residents of the Village of Rockville Centre. The provisions of this local law do not limit or restrict the content of any speech, including sexually oriented speech. Further, the Board of Trustees of the Village of Rockville Centre has recognized that adult use establishments can have a deleterious effect on the existing businesses around them, particularly in the central business district, as well as upon the surrounding residential areas adjacent to them, adult use establishments present threats to the safety of children, and adult use establishments present objectionable operational characteristics, particularly when located in close proximity to each other. Further, the Board of Trustees recognizes and finds that the adoption of this local law protects the Village without infringing upon constitutionally protected rights. The Board of Trustees further finds that licensing and inspection procedures are appropriate mechanisms to regulate the operation of adult use establishments and sexually oriented businesses. The Board of Trustees further finds that the general welfare, health, morals and safety of the citizens of the Village will be promoted by the enactment of this local law.

B. Definitions. As used in this local law, the following terms shall have the meanings indicated:

ADULT USE ESTABLISHMENTS

Each of the following shall constitute an adult use establishment:

(1) ADULT ARCADE A business enterprise that offers or maintains one or more adult video viewing booths.

(2) ADULT BOOKSTORE or ADULT VIDEO STORE An establishment that sells, as a substantial or significant portion of its stock-in-trade, adult material such as books, magazines, other periodicals, films, slides, and videotapes which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.

(3) ADULT CABARET A business enterprise that regularly features or offers to the public, customers or members topless or bottomless dancers, strippers, male or female impersonators, exotic dancers, or other similar entertainment and which establishment is not customarily open to the public but excludes any minor by reason of age.

(4) ADULT RETAIL STORE A business enterprise that sells sexually oriented materials, including lingerie and leather goods that are marketed in a context that suggests their connection with sexual activities.

(5) ADULT THEATER A theater that customarily presents motion pictures, film or videotapes or slide shows and is not open to the public generally but excludes any minor by reason of age.

(6) BODY RUB ESTABLISHMENT Any establishment where sexually oriented body rubs are administered for pay, including, but not limited to body rub parlors, sauna baths and steam baths. This definition shall exclude a hospital, nursing home, or medical clinic, or the office of a duly licensed physician, surgeon, chiropractor, osteopath, or physical therapist or occupational therapist, or barbershop, beauty salon or spa. This definition shall also exclude health clubs that have facilities for physical exercise such as tennis courts, racquetball courts, or exercise rooms, and that do not receive their primary source of revenue through the administering of body rubs, as well as those individuals holding New York State Department of Education licenses as a masseuse or masseur. In addition, this definition will also exclude barbershops, beauty parlors, salons and spas that offer massage of feet, necks, heads, shoulders and faces in conjunction with haircutting and beauty treatment services.

C. Location, distance, separation and size restrictions.

(1) No adult use establishments shall be allowed in any residential district or in the Business A, C or C2 Districts.

[Amended 9-10-2007 by L.L. No. 4-2007]

(2) No adult use establishment shall be allowed within a one-thousand-foot radius of another existing adult use establishment, whether within the Village of Rockville Centre or in a neighboring community. The one-thousand-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the boundary line of the property of the area in question. An applicant for an adult use establishment license shall provide a survey prepared by a New York State licensed land surveyor. The survey must establish the distance from the perimeter of the property to the nearest existing adult use establishment.

(3) No adult use establishment shall be located within a two-hundred-foot radius of any zoning district which is zoned to allow residential use, or within a two-hundred-foot radius of any residential property. For measurement purposes, the distances between an adult use and residential zoning district shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the boundary line of such residential district. An applicant for an adult use establishment license must provide a survey prepared by a New York State licensed land surveyor. The survey must establish the distances from the perimeter of the property to the nearest adjacent residence zone or residential area.

(4) No adult use establishment shall be located within a two-hundred-foot radius of a preexisting public, private or parochial school, child-care center, senior center or senior-care housing facility, library, civic or youth-oriented center, cultural entertainment center, designated historic preservation site or district, park, public playground, indoor or outdoor stadium or place of worship, as well as any areas designated as "scenic" under New York State law. The two-hundred-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the property of the area in question. An applicant for an adult use establishment license must provide a survey prepared by a New York State licensed land surveyor. The survey must establish the distances from the perimeter of the property to the nearest exclusionary sites.

(5) Neither the footprint nor the aggregate square footage of any adult use establishment shall be in excess of 2,000 square feet.

D. Licensing, registration and inspection. It is unlawful to operate an adult use establishment without a valid license, which will be issued in accordance with this chapter and Chapter 222 of the Code of Rockville Centre.

(1) Application. Prior to commencing any operations, any person, partnership, corporation, owner or operator that seeks to operate an adult use establishment must apply for an adult use establishment license by filing an application with the Village Clerk on a form provided by the Village of Rockville Centre. In addition, any person, partnership, corporation, owner or operator must obtain a business license from the Village Clerk, in accordance with Chapter 222. A license fee, as determined by the Board of Trustees, must accompany all applications.

(2) Denial. Any appeal from a denial of a license will be in accordance with the provisions of Chapter 222.

(3) Renewal. Any person, owner or operator who seeks to continue to operate an adult use establishment shall file an application for the renewal of the license no less than sixty days prior to the anniversary date of the issuance of the first license. In addition, any person, partnership, corporation, owner or operator must renew its business license with the Village Clerk, in accordance with Chapter 222. Any suspension, revocation or nonrenewal of a license will be in accordance with the provisions of Chapter 222.

(4) Referral. Upon receipt of a completed application, the Village Clerk will refer it to the Police Department, the Fire Department and the Building Department. Each Department will conduct an investigation to establish compliance with this chapter, with Chapter 222, and with applicable fire, building, zoning, and health and safety codes. The investigation process will be completed within 60 days of the filing of the application. No license will be issued until the referrals are complete, which must include a written report from each Department that confirms the compliance with this chapter, Chapter 222 and all relevant codes.

(5) Information to be provided. Any application for a license under this chapter must include the following information, in addition to the information required in Chapter 222, and must be accompanied by the following documents:

(a) If the applicant is a person:

[1] Name, address, phone number, age and place of birth.

[2] Any alias.

[3] Proof that the applicant is at least 18 years of age.

[4] Driver's license (copy).

[5] Social security number.

[6] Federally issued tax identification number.

[7] Location of establishment.

[8] Four colored photographs of the applicant that clearly show the applicant's face and have been taken no less than 30 days prior to the filing of the application.

(b) If the applicant is a partnership:

[1] Name and address of the partnership.

[2] Name, address, age, social security number, driver's license and signature of all partners.

[3] Form of partnership (general or limited), including any federally issued tax identification number.

[4] Current partnership agreement.

[5] Registration documents for any fictitious name.

(c) If the applicant is a corporation:

[1] Name(s), address(es), social security numbers, driver's licenses and capacity of all officers and/or shareholders and/or principal stockholders of the corporation.

[2] List of any prior ownership or operation of such an establishment by any officer or shareholder.

[3] Proof of date of incorporation.

[4] Federally issued tax identification number(s).

[5] Registration documents for any fictitious name.

(6) Criminal convictions. Any applicant must provide the date, place and jurisdiction of any criminal conviction of any partner, owner or operator of the adult use establishment.

(7) Alcohol. Any applicant must specify the location where such license is to be used and whether the sale, dispensing or use of alcohol will be permitted at that location. The sale, dispensing or use of alcohol is subject to the adult use establishment obtaining all licenses and approvals as required by the State Liquor Authority.

(8) Nontransferability. The license is not transferable and will expire automatically upon any change in ownership or operation of an adult use establishment.

(9) Inspections. The licensee must permit representatives of the Police Department, Fire Department and Building Department to inspect the premises of an adult use establishment to insure compliance with this chapter and with applicable fire, building, zoning and health and safety codes. The inspection will be permitted prior to the initial opening for business and at any subsequent time that the premises is occupied or open for business. Failure to permit an inspection will result in the revocation of the license, in accordance with the procedures set forth in Chapter 222.

E. Sign regulations.

(1) Advertisements, displays or other promotional material for an adult use establishment shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or other areas, public or semipublic, and such displays shall be considered signs.

(2) No signs or other structures for an adult use establishment shall be placed, erected or used on the premises except as provided in Chapter 335 of the Rockville Centre Code.

(3) The message on the sign of an adult use establishment shall be generic in nature (e.g., bar, cabaret, restaurant).

F. Severability. If any part or provision of this local law, or the application thereof to any person or circumstance, is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered. Such judgment shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances. The Board of Trustees of the Village of Rockville Centre hereby declares that it would have passed this local law or the remainder thereof had such invalid application or invalid provision been apparent.

G. When effective. This local law will be effective immediately upon adoption and filing pursuant to the Municipal Home Rule Law.