As used in this chapter, the following terms shall have the meanings
indicated:
ADULT USE
A public or private establishment, or any part thereof, which presents
any of the following entertainment, services, or sales or rentals on one or
more occasions:
A.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated or electronically, or electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images thereon said devices to patrons thereof and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activates or specified anatomical areas.
B.
ADULT BOOKSTORE or ADULT VIDEO STOREA commercial establishment which, as one of its businesses purposes, offers for sale or rental any of the following: books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or instruments, devices or paraphernalia which are designed, advertised or sold for use in connection with any specified sexual activity. A commercial establishment may have other business purposes that do not involve the offering for sale or rental of the aforementioned specified materials or products and still be categorized as "adult bookstore" or "adult video store" if one of its business purposes is the offering for sale or rental of the above-specified materials or products which depict or describe any specified sexual activity(ies) or any specified anatomical area(s).
C.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which permits or provides for the entertainment of its patrons, any of the following:
(1)
Person(s) who appear(s) in a state of nudity.
(2)
Live performances which are characterized by the exposure of any specified
anatomical area(s) or by the performance or depicting of any specified sexual
activity(ies).
(3)
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of any
specified sexual activity(ies) or any specified anatomical area(s).
D.
ADULT MOTELA hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration and
which provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic or visual reproductions
which are characterized by the depiction or description of any specified sexual
activity(ies) or specified anatomical area(s) and has a sign or other means
of visual display of information which is visible from the public right-of-way
and which advertises the availability of this adult-type of photographic reproductions.
(2)
Offers a sleeping room for rent for a period of time that is less than
10 hours.
(3)
Allows a tenant or occupant of a sleeping room to subrent the room to
another person or persons for a period of time that is less than 10 hours.
E.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic or visual reproductions are shown and which are characterized by the depiction or description of any specified sexual activity(ies) or any specified anatomical area(s).
F.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which permits or provides acts, shows or entertainment by persons who appear in a state of nudity, or who display or exhibit any specified anatomical area(s).
G.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its business purposes, offers for any form of consideration, any of the following:
(1)
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex.
(2)
Activities between male and female persons and/or persons of the same
sex when one or more of the persons is displaying any specified anatomical
area.
H.
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately remove, in the presence of another, part or all of his/her clothing.
I.
ESCORT AGENCYA person or business entity who/which furnishes, offers to furnish or advertises to furnish escorts as one of its business purposes, for consideration in any form or amount.
J.
NUDE MODEL STUDIOAny place where a person who appears in state of nudity or displays any specified anatomical area(s) is provided for the purpose of being observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by another person or persons who pay money or any form of consideration therefor.
K.
NUDITYA state where a person is bare, naked or unclothed, or displays or exhibits a less than completely and opaquely specified anatomical area(s).
L.
BODY RUB PARLORAn establishment where, for any form or amount of consideration, body rub, alcohol rub fomentation, electric, magnetic or similar treatment or manipulation of part or all of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of New York. The definition shall not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service to such aforementioned principal use(s).
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus or female breast(s) below a point immediately above the top
of the areolae; or
B.
Human male genitals in a state of sexual stimulation or arousal, or
in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY
Any of the following:
A.
Masturbation, sexual intercourse, oral copulation or sodomy.
B.
Fondling or other erotic touching of human genitals, public regions,
buttocks, anus or female breasts.
C.
Masochism, erotic or sexually oriented torture or flagellation, beating
or the infliction of pain.
D.
Erotic touching, fondling or other such contact between an animal and
a human being.
It shall be unlawful to violate any of the provisions of this chapter,
including but not limited to the following:
A. To give, sell or use, or knowingly permit the gift, sale
or use, of alcoholic beverages by anyone on the adult-oriented business premises;
B. To refuse to allow an inspection of the adult-oriented
business premises as authorized by this chapter;
C. To gamble or knowingly or recklessly permit gambling
by any person on the adult-oriented business premises;
D. To possess, use, sell or knowingly or recklessly allow
possession, use or sale of controlled substances or marijuana by any person
on the adult-oriented business premises;
E. To knowingly or recklessly allow prostitution, acts of
sexual intercourse, sodomy, oral copulation, masturbation, or other illegal
activity on the premises of an adult-oriented business, including parking
lots;
F. To knowingly or recklessly allow disorderly conduct,
or to permit the adult-oriented business to become and be a place of resort
of thieves, prostitutes or disorderly persons;
G. To admit, or to knowingly or recklessly allow admittance,
of anyone under the age of 18;
H. To fail to be in compliance with any section of this
chapter.