[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 12-11-1995 by L.L. No. 6-1995 (Ch. 3 of the 1983 Code). Amendments noted where applicable.]
It is the purpose of this chapter to regulate
sexually oriented businesses, to promote the health, safety, morals
and general welfare of the citizens of the Town/Village and to establish
reasonable and uniform regulations to monitor the location and concentration
of sexually oriented businesses within the Town/Village. The provisions
of this chapter have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative material,
including sexually oriented materials. Similarly, it is not the intent
or effect of this chapter to restrict or deny access by adults to
sexually oriented materials protected by the First Amendment or to
deny access by the distributors and exhibitors of sexually oriented
entertainment to their market.
As used in this chapter, the following terms
shall have the meanings indicated:
Any 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, as defined herein.
A commercial establishment which, as one of its business
purposes, offers one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, film motion pictures, videocassettes or video
reproductions, slides or other visual representations which depict
or describe, as defined herein, specified sexual activities or specified
anatomical areas, as defined herein; or
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities,
as defined herein.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity, as
defined herein;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities, as defined herein; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas, as defined herein.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public and provides
patrons with closed-circuit television transmissions, films, motion
pictures, videocassettes or other photographic reproductions which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas, as defined herein, or has
a sign visible from the public right-of-way which advertises the availability
of such adult type of photographic reproductions;
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
A commercial establishment where films, motion pictures,
videos, cassettes, slides or similar photographic reproductions are
regularly shown which are characterized by the depiction of specified
sexual activities or specified anatomical areas, as defined herein.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity, as defined herein, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities, as defined herein.
Any use set forth herein as defining a sexually oriented
business or businesses.
A 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 perform a striptease
for another person.
A commercial establishment which furnishes, offers to furnish
or advertises to furnish escorts as one of its business purposes.
When used as a verb, includes any of the following:
The opening or commencement of any sexually
oriented business as a new business, as defined herein.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business,
as defined herein.
The addition of any sexually oriented business,
as defined herein.
The relocation of any sexually oriented business,
as defined herein.
The appearance of bare human buttocks, anus, male genitals,
female genitals or full female breasts.
Any person in whose name a permit and/or license to operate
a sexually oriented business, as defined herein, has been issued,
as well as any individual listed as an applicant on any application
for such a permit and/or license.
Any individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by straps or other devices used to cover
said areas.
A business or commercial enterprise that, as one of its business
purposes, provides or facilitates:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, escort agency
or sexual encounter center, as defined herein.
The male genitals and/or the vulva or any parts of the female
genitals, or full female breasts.
Includes any of the following:
Of a sexually oriented business, as defined herein, means
any increase in floor areas as the floor areas exist on the date of
enactment.
Of a sexually oriented business, as defined herein, means
and includes any of the following:
The sale, lease or sublease of the sexually
oriented business, as defined herein.
The transfer of securities which constitute
a controlling interest in the sexually oriented business, as defined
herein, whether by sale, exchange or similar means.
The establishment of a trust, gift or similar
legal device which transfers the ownership or control of the sexually
oriented business, as defined herein.
Adult uses, as defined herein, shall be permitted in any General Commercial District only, provided that a special use permit is obtained in accordance with Article XI of Chapter 193, Zoning, and the following:
A.
An adult use, as defined herein, may not be operated
within 1,000 feet of:
(1)
A church, synagogue or regular place of worship.
(2)
A public or private elementary or secondary school.
(3)
A boundary line of any property zoned as a residential
district or any property used for residential purposes as a permitted
use.
(4)
A public use park adjacent to any residential district
or any property used for residential purposes as a permitted use.
(5)
Day-care facilities.
B.
An adult use, as defined herein, may not be operated
within 1,000 feet of another adult use, as defined herein, on the
same lot or parcel of land.
C.
An adult use, as defined herein, may not be operated
in the same building, structure or portion thereof containing another
adult use.
D.
For the purpose of this chapter, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the property line where an
adult use, as defined herein, is conducted to the nearest property
line of the premises of a church or public or private elementary or
secondary school or to the nearest boundary of an affected public
park, residential district or residential lot.
E.
For purposes of Subsection D of this section, the distance between any two adult uses, as defined herein, shall be measured in a straight line, without regard to intervening structures or objects, from the property line in which each business is located.
F.
All adult uses, as defined herein, shall be conducted
in an enclosed building. No specified anatomical area or any specified
sexual activity, as defined herein, or any display, decoration, sign
or similar depiction of specific anatomical areas or specified sexual
activities, as defined herein, shall be visible from the exterior
of any building containing an adult use, as defined herein, regardless
of location or distance.
A.
A sexually oriented business, as defined herein, may
be operated only within a General Commercial District and only in
accordance with the provisions of this chapter.
B.
Prior to the commencement of any sexually oriented
business, as defined herein, or upon any transfer of ownership or
control of any sexually oriented business or upon commencing any adult
use, as defined herein, the premises housing such business or use
must be inspected and found to be in compliance with all laws, rules
and regulations of the Health Department, Fire Department, Building
Inspector/Code Enforcement Officer, Fire Marshal and other code enforcement
officials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The Health Department, Fire Department, Building Inspector/Code
Enforcement Officer, Fire Marshal and other code enforcement officials
shall complete their certification that the premises is in compliance
or not in compliance within 20 days of the inspection of the premises
by such officials. Such certification shall be promptly presented
to the Building Inspector/Code Enforcement Officer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
An applicant, permittee and/or licensee shall permit
representatives of the Town/Village administration or other Town/Village
departments or agencies to inspect the premises of a sexually oriented
business, as defined herein, for the purpose of ensuring compliance
with the law at any time it is occupied or open for business or at
such other times as may be reasonable or appropriate.
E.
The Building Inspector/Code Enforcement Officer shall
suspend the right to conduct any adult use, as defined herein, for
a period not to exceed 30 days if it is determined that the owner
and/or operator or an employee of the owner and/or operator of the
sexually oriented business, as defined herein, has:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Violated or is not in compliance with any section
of this chapter.
(2)
Engaged in use of alcoholic beverages while on the
sexually oriented business, as defined herein, premises.
(3)
Refused to allow an inspection of the sexually oriented
business, as defined herein, premises as authorized by this chapter.
(4)
Knowingly permitted gambling by any person on the
sexually oriented business, as defined herein, premises.
(5)
Knowingly allowed possession, use or sale of controlled
substances on the sexually oriented business, as defined herein, premises.
(6)
Knowingly allowed prostitution on the sexually oriented
business, as defined herein, premises.
(7)
Knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation or other sexual conduct to occur in
or on the permitted and/or licensed premises.
(8)
Knowingly allowed any other act prohibited by law.
F.
Prior to any suspension, the Building Inspector/Code
Enforcement Officer shall provide the owner and/or operator of a sexually
oriented business, as defined herein, with a written notice stating
the grounds for suspension. The owner and/or operator has the right
to submit a response to this notice to the Building Inspector/Code
Enforcement Officer within 10 days of receipt of said notice. Such
response shall be made in writing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
The Building Inspector/Code Enforcement Officer may
not suspend the right to conduct such an adult use, as defined herein,
until 15 days after the notice is given to the owner and/or operator
or until after receiving the owner's and/or operator's response, whichever
is sooner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any adult use, as defined herein, by a sexually oriented
business, as defined herein, that is lawfully operating on the effective
date of this chapter, yet is in violation of the location or structural
configuration requirements of this chapter, shall be deemed a nonconforming
use. Such nonconforming use will be permitted to continue for a period
not to exceed two years, unless sooner terminated or voluntarily discontinued
for any reason for a period of 30 days or more. Such nonconforming
uses shall not be increased, enlarged, extended or altered except
that the use may be changed to a conforming use.
B.
Any adult use, as defined herein, of a sexually oriented
business, as defined herein, lawfully operating as a conforming use
is not rendered a nonconforming use by the subsequent location of
a church, public or private elementary or secondary school, public
park, day care, residential district or a residential lot within 1,000
feet of the adult use, as defined herein, or sexually oriented business,
as defined herein.
A.
A person who knowingly owns, manages, operates, conducts
or maintains any adult use, as defined herein, in any way which is
contrary to this chapter shall be subject to prosecution under this
chapter and shall also be subject to injunction.
B.
The continuation of a violation of the provisions
of this chapter shall constitute a separate and distinct offense hereunder
for each day the violation is continued.
C.
Any person found in violation of this chapter shall
be guilty of a violation, punishable by a fine not to exceed $250
or imprisonment for not more than 15 days, or both. Each day on which
the violation continues shall constitute a separate offense.
[Amended 3-8-1999 by L.L. No. 1-1999]
