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:
ADULT ARCADE
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.
ADULT BOOKSTORE OR ADULT VIDEO STORE
A commercial establishment which, as one of its business
purposes, offers one or more of the following:
A.
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
B.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities,
as defined herein.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity, as
defined herein;
B.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities, as defined herein; or
C.
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.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
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;
B.
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
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.
ADULT THEATER
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.
ADULT USES
Any use set forth herein as defining a sexually oriented
business or businesses.
ESCORT
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.
ESCORT AGENCY
A commercial establishment which furnishes, offers to furnish
or advertises to furnish escorts as one of its business purposes.
ESTABLISHMENT
When used as a verb, includes any of the following:
A.
The opening or commencement of any sexually
oriented business as a new business, as defined herein.
B.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business,
as defined herein.
C.
The addition of any sexually oriented business,
as defined herein.
D.
The relocation of any sexually oriented business,
as defined herein.
PERMITTEE AND/OR LICENSEE
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.
PERSON
Any individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
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.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its business
purposes, provides or facilitates:
A.
Physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
B.
Activities between male and female persons and/or
persons of the same sex when one or more of the persons is in a state
of nudity or seminudity, as defined herein.
SEXUALLY ORIENTED BUSINESS
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.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts.
B.
Sex acts, normal or deviant, actual or simulated,
including intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Elimination functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business, as defined herein, means
any increase in floor areas as the floor areas exist on the date of
enactment.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business, as defined herein, means
and includes any of the following:
A.
The sale, lease or sublease of the sexually
oriented business, as defined herein.
B.
The transfer of securities which constitute
a controlling interest in the sexually oriented business, as defined
herein, whether by sale, exchange or similar means.
C.
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.
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.