As used in this chapter, the following terms shall have the meanings
indicated:
ADULT ARCADE
A place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still or motion-picture machines, projectors or other image-producing devices
are maintained to show images to five or fewer persons per machine at any
one time and where the images so displayed are distinguished or characterized
by the depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE
A.
It is an evidentiary presumption that an establishment which advertises,
sells or rents adult material or offers for sale or rent adult material is
an adult bookstore.
B.
The provisions of Subsection
A are not intended to apply if the presumption is rebutted by evidence that establishes that at the establishment:
(1)
Admission is not restricted to adults only;
(2)
All adult material is accessible only by employees;
(3)
The gross income from the sale and/or rental of adult material comprises
less than 10% of the gross income from the sale and rental of the goods or
services at the establishment; and
(4)
The individual items of adult material offered for sale and/or rental
comprise less than 25% of the total individual new items publicly displayed
as stock-in-trade in any of the following categories: books, magazines, periodicals
or other printed matter or photographs, films, motion pictures, videotapes
(VHS format), videotapes (BETA format), slides or other visual representations
or recordings or other audio matter; or less than 25% of the individual used
items publicly displayed at the establishment as stock-in-trade in the same
categories set out above.
ADULT BOOTH
A separate enclosure inside an adult use establishment, accessible
to any person, regardless of whether a fee is charged for access. The term
"adult booth" includes, but is not limited to, a peep show booth, adult arcade
booth or other booth used to view adult material. The term "adult booth" does
not include a foyer through which any person can enter or exit the establishment
or a rest room.
ADULT MATERIAL
Any one or more of the following regardless of whether it is new
or used:
A.
Books, magazines, periodicals or other printed matter, paintings, drawings
or other publications or graphic media or photographs, films, motion pictures,
videocassettes or disks, slides or other visual representations or recordings
or other audio matter which have as their primary or dominant theme matter
depicting, illustrating, describing or relating to specified sexual activities
or specified anatomical areas; or
B.
Instruments, novelties, devices or paraphernalia which are designed
for use in connection with specified sexual activities.
ADULT MOTEL
Any motel, hotel, boardinghouse, rooming house or other place of
temporary lodging which includes the word "adult" in any name it uses or otherwise
advertises the presentation of films, motion pictures, videotapes, slides
or other photographic reproductions which have as their primary or dominant
theme matters depicting, illustrating or relating to specified sexual activities
or specified anatomical areas. The term "adult motel" is included within the
definition of "adult theater."
ADULT PHOTOGRAPHIC OR MODELING STUDIO
Includes any business establishment which offers or advertises as
its primary business stock-in-trade the use of its premises for the purpose
of photographing or exhibiting specified sexual activities or specified anatomical
areas or the modeling of apparel that exhibits specified anatomical areas.
ADULT THEATER
An enclosed building or an enclosed space within a building or an
open-air area used for presenting either filmed or live plays, dances or other
performances, either by individuals or groups, distinguished or characterized
by an emphasis on material depicting, describing or relating to specified
sexual activities or specified anatomical areas as defined in this chapter
for observation by patrons therein. An establishment which has adult booths
or an adult arcade or meets the definition of an adult motel is considered
to be an adult theater.
ADULT USE
Any business entity which knowingly, or with reason to know, permits,
suffers or allows private performances as defined under this chapter. Adult
use also shall be defined to include the terms adult arcade, adult bookstore,
adult booth, adult motel, adult theater, special cabarets, physical culture
establishments and adult photographic or modeling studios, as defined in this
chapter, including any business establishment whose primary business stock-in-trade
is dependent upon the activities relating to specified sexual activities or
specified anatomical areas, as defined in this chapter.
APPLICANT
Any business entity or person that has applied for an adult use permit
or license.
BOARD
The Town Board of the Town of Union Vale.
BUSINESS ENTITY
Any and all persons, natural or artificial, including any individual,
firm, corporation or association operating or proposed to operate for commercial
or pecuniary gain. ("Operated for commercial or pecuniary gain" shall not
depend upon actual profit or loss. Also, "operated for commercial or pecuniary
gain" shall be presumed where the establishment has an occupational license.)
"Business entity" includes any enterprise or venture in which a person sells,
buys, exchanges, barters, deals or represents the dealing in any thing or
article of value or renders services for compensation.
CERTIFICATION OF COMPLIANCE/NONCOMPLIANCE
A notice issued by the Code Enforcement Officer indicating to an
applicant that the location proposed for an adult use complies or does not
comply with the location requirements of this chapter.
CHILD-CARE FACILITY
Any children's center, day nursery, nursery school, kindergarten
or family day-care home.
CHURCH
A site or premises, such as a church, synagogue, temple, mosque,
cathedral, chapel, tabernacle or similar place, which is used primarily or
exclusively for religious worship and related activities.
CONVICTION
A determination of guilt resulting from a plea or trial, regardless
of whether adjudication was withheld or whether imposition of sentence was
suspended.
DEPARTMENT
The Code Enforcement Officer and the Director, employees, officers
and agents thereof.
EMPLOYEE
A person who works or performs or provides services in connection
with an adult use establishment, irrespective of whether said person is paid
a salary or wage or is an independent contractor, provided that such person
has a substantial or consistent relationship with the business of or entertainment/services
provided by the adult use. "Employee" includes but is not limited to performers,
managers and assistant managers, stock persons, tellers and operators.
ESTABLISHMENT
A site or premises or portion thereof upon which certain adult use
activities or operations are conducted.
ESTABLISHMENT OR COMMENCEMENT OF BUSINESS
A.
Means and includes any of the following:
(1)
The opening or commencement of any adult use business as a new business.
(2)
The conversion of an existing business, whether or not an adult use
business, to any adult use business.
(3)
The addition of any adult use business to any other existing adult use
business.
(4)
The relocation of any adult use business.
(5)
The continuation of an existing adult use business regardless of whether
it is in compliance with the requirements of this chapter.
B.
For purposes of determining the date of commencement of business under this chapter, evidence in the form of certified certificates of occupancy, affidavits, valid receipts or business records may be utilized. Any decision regarding a given date of commencement may be appealed pursuant to the provisions of §
84-51 of this chapter.
LAW ENFORCEMENT OFFICER
Any person who is elected, appointed or employed full-time by the
state or any political subdivision thereof; who is vested with authority to
bear arms and make arrests; and whose primary responsibility is the prevention
and detection of crime or the enforcement of the penal, criminal, traffic
or highway laws of the state.
LICENSEE
Any person whose application for an adult entertainment establishment
has been granted and who owns, possesses, operates and controls the establishment.
MIXED-USE ZONING DISTRICT
Any parcel located within or outside of the Town of Union Vale, including
the incorporated or unincorporated areas of Dutchess County, or an adjacent
municipality, the land use or zoning designation of which allows residential
use alone or in any combination with commercial or industrial uses.
NATES
The prominence formed by the muscles running from the back of the
hip to the back of the leg.
OPERATOR
Any person who engages in or performs any activity which is necessary
to or which facilitates the operation of any adult entertainment establishment,
including but not limited to the licensee, manager, owner, doorman, bartender,
disc jockey, sales clerk, ticket taker, movie projectionist, employee or supervisor.
This term is not meant to include repairmen, janitorial personnel or the like
who are only indirectly involved in facilitating the operation of the adult
use.
PATRON
Includes any natural person other than an employee, operator or licensee
or governmental officer while performing duties pursuant to this chapter or
other law.
PERSON
Any and all persons, natural or artificial, including any individual,
firm, corporation or association.
PHYSICAL CULTURE ESTABLISHMENT
Any business establishment which or advertises massage, body rubs,
body cleansing, body scrubs or physical contact with specified anatomical
areas, whether or not licensed. Business establishments which routinely provide
medical services by state-licensed medical practitioners, massage therapists
and electrolysis treatment by licensed operators of electrolysis equipment
shall be excluded from the definition of adult physical culture establishments.
PRIVATE PERFORMANCE
Engaging in specified sexual activities or the display of any specified
anatomical area by an employee to a person other than another employee while
the person is in an area not accessible during such display to all other persons
in the establishment or while the person is in an area in which the person
is totally or partially screened or partitioned during such display from the
view of all persons outside the area.
PUBLIC RECREATION AREA
A tract of land within a municipality or unincorporated area which
is kept for ornament and/or recreation and which is maintained as public property.
RESIDENTIAL PROPERTY
Any parcel located inside or outside the Town where the applicable
land use or zoning designation allows residential use.
SCHOOL
Includes a premises or site upon which there is a nursery school,
kindergarten, elementary school, junior high school, middle school, senior
high school or exceptional learning center. However, the term "school" does
not include a premises or site upon which there is an institution devoted
solely to vocational or professional education or training or an institution
of higher education, including, but not limited to, a community college, junior
college, four-year college or university.
SPECIAL CABARET
Any bar, dance hall, restaurant or other place of business which
features dancers, go-go dancers, exotic dancers, strippers, male or female
impersonators or similar entertainers or waiters or waitresses that engage
in specified sexual activities or display specified anatomical areas or any
such business establishment, the advertising for, or a sign or signs identifying,
which uses the words "adult," "topless," "nude," "bottomless" or other words
of similar import.
SPECIFIED ANATOMICAL AREA
A.
Less than completely or opaquely covered:
(1)
Human genitals or pubic region; or
(2)
Cleavage of the nates of the human buttocks; and
(3)
That portion of the human female breast directly or laterally below
a point immediately above the top of the areola; this definition shall include
the entire lower portion of the human female breast, but shall not include
any portion of the cleavage of the human female breast exhibited by a dress,
blouse, shirt, leotard, bathing suit or other wearing apparel, provided that
the areola is not so exposed.
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
C.
Any covering, tape, pastie, latex spray or paint or other device which simulates or otherwise gives the appearance of the display or exposure of any of the specified anatomical areas listed in Subsections
A and
B of this definition.
SPECIFIED CRIMINAL ACT
A.
A violation or violations of this chapter, as amended, sufficient to warrant suspension or revocation of an adult use license under §§
84-23 and
84-24.
B.
An offense under New York Penal Law regarding sexual battery.
C.
An offense under New York Penal Law regarding prostitution.
D.
An offense under New York Penal Law regarding lewdness; indecent exposure.
E.
An offense under New York Penal Law regarding bigamy; incest.
F.
An offense under New York Penal Law regarding obscene literature; profanity.
G.
An offense under a statute of a state other than New York analogous to the offenses listed in Subsections
B through F of this definition or under an analogous chapter of another county or town which would be sufficient to warrant suspension or revocation of an adult use license under §§
84-23 and
84-24.
SPECIFIED SEXUAL ACTIVITY
A.
Human genitals in a state of sexual stimulation, arousal or tumescence;
B.
Acts of anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia,
fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia,
sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or
zooerasty;
C.
Fondling or other erotic touching of human genitals, pubic region, buttock,
anus or female breast; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C of this definition.
TOWN
The Town of Union Vale, New York.
It is not the intent of the Town Board to legislate with respect to
matters of obscenity that are subject to state law.
It is not the intent of the Town Board to legislate with respect to
matters of massage establishments.
It is declared to be the legislative intent that, if any section, subsection,
sentence, clause or provision of this chapter is held invalid, the remainder
of the chapter shall not be affected and shall be interpreted, if necessary,
so as to give a meaning consistent with the purpose and intent of this chapter.