The establishment of certain adult entertainment
uses in the Town of Maine will tend to result in the blighting and
deterioration of the Town of Maine. Accordingly, it is necessary that
these uses be regulated in such a manner as to prevent the erosion
of the character of the Town of Maine. It is necessary to regulate
the establishment of such "adult entertainment uses" within close
proximity to dwellings, mobile homes, residentially zoned areas, recreation
districts, schools, churches, parks and playgrounds, so as to minimize
the potential for proliferation of criminal activity and a blighting
and degrading effect upon surrounding neighborhoods.
As used in this chapter, the following terms
or words shall be defined or interpreted as follows:
An establishment having as a substantial portion of its stock-in-trade
sexual devices, books, magazines, recordings, tapes, video storage
devices, films for sale or viewing on the premises (by use of motion-picture
devices or any other coin-operated means) or other publications or
periodicals 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 with a 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 dances and/or
bottomless dances, strippers, male or female impersonators or similar
entertainers, or employees appearing in a bottomless and/or topless
manner of dress.
A business or commercial establishment having as its predominant
business or commercial purpose the operation of an adult bookstore,
an adult motion-picture theater, an adult motion-picture arcade, an
adult entertainment cabaret, a massage establishment, or any combination
of the above.
Any place to which the public is permitted or invited wherein
coin- 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 an emphasis on depicting or
describing specified sexual activities or specified anatomical areas.
A structure (whether enclosed or outdoors) used for showing,
displaying or presenting to patrons therein or thereat material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
An establishment having a fixed place of business where any
person, firm, association, or corporation, engages in, carries on,
or permits to be engaged in or carried on, any of the activities referred
to in Subsection A below:
The activities referred to herein are any method
of pressure on or friction against or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulating of the external soft
parts of the body with the hands or with the aid of any mechanical
or electrical apparatus or appliance, with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams,
lotions, ointments, or other similar preparations commonly used in
the practice of massage.
The term "massage establishment" shall not apply
to licensed hospitals, licensed nursing homes, or clinics or persons
holding an unrevoked certificate to practice any of the healing arts
under the law of the State of New York, or persons working under the
direct supervision and in the presence of any such persons or in any
such establishments, nor shall said term apply to barbers or cosmetologists
lawfully carrying out their particular profession of business and
holding a valid unrevoked license or certificate of registration issued
by the State of New York.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
Human genitals in a state of sexual stimulation
or arousal;
Ultimate sex acts, normal or perverted, actual
or simulated, including acts of human masturbation, sexual intercourse,
oral copulation or sodomy; and
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
A.
Prohibition. No person shall create, operate, establish,
engage in, cause, or permit the establishment of any adult entertainment
use or adult entertainment uses within 250 feet of any Rural-Residential
(R-R) District, Residential (R-1) District, Residential (R-2) District,
Planned Multiple-Family District (PMFD), Planned Mobile Home District
(PMHD) or Planned Recreation District (PRD) in the Town of Maine,
or within 250 feet of any existing dwelling or existing mobile home
in the Town of Maine, or within 500 feet of any church, school, park,
or playground in the Town of Maine, or within 500 feet of any existing
adult entertainment use in the Town of Maine.
B.
The creation, operation, establishment, engaging in, causing the establishment or permitting the establishment of an adult entertainment use shall include the opening of such use as a new business, the relocation of such use, or the conversion of such an existing use location to any of the uses described in Article XII hereof.
C.
For the purposes of this section, measurements shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as a part of the premises for an adult entertainment use to the
nearest property line of a Rural-Residential (R-R) District, a Residential
(R-1) District, a Residential (R-2) District, a Planned Multiple-Family
District (PMFD), a Planned Mobile Home District (PMHD), or a Planned
Recreation District (PRD) in the Town of Maine, or an existing dwelling
or existing mobile home, or a church, a school, a park, or a playground.
Nothing herein shall be deemed to relieve any
adult entertainment use from compliance with any of the other applicable
regulations prescribed in other sections of this chapter.
