[HISTORY: Adopted by the Common Council of the City of Hornell 5-26-1998
by L.L. No. 1-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and amusement devices — See Ch. 95.
It is recognized that buildings and establishments operated as adult
uses have serious objectionable operational characteristics. In order to promote
the health, safety and general welfare of the residents of the City of Hornell,
this chapter is intended to restrict adult uses to nonresidential and nonbusiness
areas of the city. The Common Council hereby finds that the operational characteristics
of adult uses are concentrated; therefore, this chapter is intended to promote
the health, safety and general welfare of the residents of the City of Hornell
by regulating the concentration of such uses.
A.
General. Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable application.
B.
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTION-PICTURE THEATER
ADULT USE
BUSINESS
DISSEMINATION
PERSON
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL CONNECTION
(1)
(2)
(3)
(4)
Specific terms. As used in this chapter, the following
terms shall have the meanings indicated:
An establishment or business, whether retail or wholesale, having,
as a substantial or significant portion of its stock-in-trade, books, magazines
and other periodicals, films and viewing materials for sale or viewing on
the premises, by use of motion-picture devices or any coin-operated means,
which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas, or an establishment or business containing a segment or section devoted
to the sale or display of such material.
A public or private establishment which is licensed to serve food
and/or alcoholic beverages, which features topless dancers, strippers, male
or female impersonators or similar entertainers.
An enclosed building with a capacity of less than 50 persons used
for presenting material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
An enclosed or unenclosed building or structure or portion of a building
or structure or drive theater used for presenting materials having as a dominant
theme material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical
areas for observation by patrons therein.
Any establishment or business involved in the dissemination of material
distinguished or characterized by an emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas,
including but not limited to adult bookstores, adult motion-picture theaters
and adult entertainment cabarets.
Any commercial enterprise, association or arrangement for profit.
The transfer of possession, custody, control or ownership of or the
exhibition or presentation of any performance to a customer, member of the
public or business invitee of any material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas.
Any person, firm, partnership, corporation, association or legal
representative, acting individually or jointly.
In a sole partnership, an individual who owns, operates, controls or
conducts, directly or indirectly, any premises, building or location upon
which any adult use takes place.
In a partnership, limited or general, an individual who shares in any
potential profits or losses of the business or who shares in the ownership
of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director or a holder,
either directly, indirectly or beneficially, of more than 20% of any class
of stock.
Any person who furnishes more than 20% of the capital financing or assets
of such business, whether in cash, goods or services.
In addition to the requirement of the Zoning Ordinance of the City of
Hornell,[1] adult uses shall be permitted subject to the following restrictions:
A.
No adult use shall be allowed within 500 feet of another
existing adult use.
B.
No adult use shall be located within 500 feet of the
boundaries of any zoning district which is zoned for residential use or commercial
district.
C.
No adult use shall be located within 2,000 feet of a
preexisting school or place of worship.
D.
No adult use shall be located in any zoning district,
except those districts zoned for special industrial district.
E.
This chapter shall not apply to any establishments existing
on the effective date of said ordinance.
No adult use shall be conducted in any manner that permits the observation
of any material depicting, describing or relating to specified sexual activities
or specified anatomical areas from any public way or from any property not
registered as an adult use. This provision shall apply to any display, decoration,
sign, show window, screen or other opening.
A.
No person, firm, corporation or other entity shall lease,
rent, maintain, operate, use or allow to be operated or used any business
or establishment or any part thereof which contains an adult use, without
first complying with the provisions of this section as set forth below.
B.
In addition to any and all other necessary licenses and
permits, no form of adult use shall be allowed to operate nor be allowed to
continue to operate, until a certificate of registration is filed with the
City Clerk containing:
(1)
The address of the premises.
(2)
The name and address of the owner(s) of the premises
and the name and address of the beneficial owner(s) if the property is in
a land trust.
(3)
The name of the business or the establishment subject
to the provisions of this chapter.
(4)
The name, the business and home address and the business
or home phone number of all owners of the business or establishment subject
to the provisions of this chapter.
(5)
The names, the business and home addresses and the business
or home phone number of all those persons having a substantial connection
with the business or establishment subject to the provisions of this chapter.
(6)
The date of the initiation of the adult use.
(7)
The exact nature of the adult use.
(8)
If the premises or the building in which the business
containing the adult use is located is leased, a copy of the lease.
C.
If there occurs any change in the information required
for the certificate of registration, the City Clerk shall be notified of such
change and a new or amended certificate filed within 30 days of such change.
D.
The processing fee for each certificate of registration or amendment thereto shall be $1,000. Such certificate of registration shall be effective concurrently with the special use permit issued annually as provided in § 87-6, and the processing fee provided in this section shall be an annual charge.
E.
No certificate of registration issued under the provisions
of this section shall be transferable to any person other than the registrant,
nor shall a certificate of registration be transferable for use at any premises,
building or location other than that stated in the certificate of registration.
F.
The owner, manager or agent of any adult use shall cause
a copy of the certificate of registration issued under the provisions of this
section to be prominently displayed on the premises, building or location
for which it is issued.
G.
Any knowingly false statement, or any statement which
the registrant or applicant should reasonably have known to be false, which
is provided in the certificate of registration or any document or information
supplied therewith shall be grounds for rejection, suspension or revocation
of the certificate of registration.
H.
It is a violation of this chapter for the owner or person
in control of any property to establish or operate thereon or to permit any
person to establish or operate an adult use without having in force a certificate
of registration complying with this section.
A.
No use as described in this chapter shall be established
until the issuance of an annual special use permit by the City Clerk. Application
for such a special use permit shall be in conformity with this chapter and
as provided for herein. The application shall be in writing, to the City Clerk,
and shall consist of a description of the premises for which the permit is
sought, a plain and concise statement of the use which is proposed and such
additional information as shall be required by the City Clerk. The City Clerk
shall call a public hearing for the purpose of considering the request for
each and every special use permit. At least 10 days' notice of the time
and place of the public hearing shall be given by the publication of a notice
in a newspaper of general circulation in the City of Hornell, indicating the
general nature of the public hearing and the fact that those persons interested
therein may be heard at the time and place of such hearing.
B.
A special use permit issued under the provisions of this
section shall not be transferable.
