[HISTORY: Adopted by the Board of Trustees of the Village of Cobleskill 4-21-2003
by L.L. No. 2-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
This chapter shall be known as the "Adult Use and Entertainment Establishments
Regulation Law" of the Village of Cobleskill and shall amend the Zoning Code
of the Village.
It is the purpose of this chapter to regulate the creation, opening,
commencement and/or operation of adult use and entertainment establishments,
as herein defined, in order to achieve the following:
A.Â
To preserve the character and the quality of life in
the Village of Cobleskill.
B.Â
To control harmful and adverse secondary effects of adult
uses, documented in the Village of Cobleskill Adult Entertainment Secondary
Effects Study, on the surrounding areas such as decreased property values,
parking and traffic problems, increased crime, excess noise, litter and loitering.
C.Â
To restrict minors' access to adult uses.
D.Â
To maintain the general welfare and safety for the Village
of Cobleskill residents.
As used in this chapter, the following terms shall have the meanings
indicated:
A public or private establishment, or any part thereof, which presents
any of the following entertainments, exhibitions or services: topless and/or
bottomless dancers; strippers; topless waitressing. busing or service; topless
hair care or massages: service or entertainment where the servers or entertainers
wear pasties or G-strings or both: adult arcade; adult bookstore or adult
video stores; adult cabarets; adult motels; adult motion picture theaters;
adult theaters; nude model studios and sexual encounter centers. Adult use
and entertainment establishments customarily exclude minors by reason of age,
and are those businesses defined as follows:
ADULT ARCADEAny 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 which are regularly used to show films, motion pictures, videocassettes, slides, or other photographic reproductions, 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 depicting or describing specified sexual activities or specified anatomical areas.
A commercial establishment that has a significant or substantial portion
of its stock-in-trade or derives a significant or substantial portion of its
interior business advertising from the sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, videocassettes or video reproductions, slides, or other
visual representations which depict or describe specified sexual activities
or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for use or
marketed primarily for stimulation of human genital organs or for sadomasochistic
use or abuse of themselves or others.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical areas and
still be categorized as an adult bookstore or adult video store so long as
one of its principal business purposes is the offering for sale or rental
for consideration the specified materials which depict or describe specified
sexual activities or specified anatomical areas. For purposes of this definition,
principal business purpose shall mean 25% or more of any of the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and/or display of such
merchandise; or
The amount of advertising that is devoted to such merchandise, either
in print or broadcast media.
ADULT CABARETA nightclub, bar, nonalcoholic or juice bar, restaurant, or similar commercial establishment which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT MOTELA hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, 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; and which advertises the availability of sexually oriented
type of material by means of a sign visible from the public right-of-way or
by means of off-premises advertising including but not limited to newspapers,
magazines, pamphlets or leaflets, radio or television;
Offers sleeping rooms for rent on a regular basis for a period of time
that is less than 10 hours; or
Allows a tenant or occupant of a room to subrent the room for a period
of time that is less than 10 hours.
ADULT MOTION PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which for any form of consideration, features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
MASSAGE PARLORAny place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any such person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of "adult use" shall not include the practice of massage in any licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, other than as a part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or exposure of specified anatomical areas, or activities between persons when one or more of the persons is in a state of nudity or seminude.
A person less than 18 years of age.
The appearance of specified anatomical areas.
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
More than once annually.
A state of dress in which clothing covers no more than the specified
anatomical area, as well as portions of the body covered by supporting straps
or devices.
Includes any of the following:
All adult use and entertainment establishments as defined herein may only be created, opened, commenced or operated within the Highway-Business (HB) Zoning District and Industrial (I-1) Zoning District within the Village of Cobleskill by special use permit issued by the Planning Board. All adult use and entertainment establishments shall obtain site plan approval from the Planning Board in accordance with Chapter 160, Article VII of the Zoning Law.
A.Â
An adult use and entertainment establishment shall be allowed after issuance of a special permit and approved site plan only in the allowed zoning districts set forth in § 45-4 hereof, and, within such district, shall have minimum area requirements as described in Chapter 160, Article IV, § 160-13B of the Zoning Law, and the structure the adult use is located in and any accessory use/structure shall not be allowed:
(1)Â
Within 100 feet of the property line of a parcel used
for residential purposes in the Village;
(2)Â
Within 750 feet of the property line of a parcel containing
a church, synagogue, other place of worship, active cemetery, library, school,
licensed day-care facility, park, playground, government facility commonly
visited by the public (i.e., post office, Village office, state/federal/county
office), nursing home, adult home, or hospital, whether or not such use is
located in the Village;
(3)Â
On the same parcel as another adult use and entertainment
establishment; or
(4)Â
Within 750 feet of the property line of another adult
use and entertainment establishment, whether or not such use is located in
the Village.
B.Â
The above distances of separation shall be measured from
the nearest exterior wall or corner of the structure containing the adult
use and entertainment establishment.
The Village of Cobleskill intends to protect the scenic beauty of the
Village and the value of property in the Village. Therefore, adult use and
entertainment establishments shall meet all applicable requirements in the
Village of Cobleskill Zoning Law and shall be designed to be as least intrusive
as possible by using the following additional standards:
A.Â
Such use and parking area shall be adequately fenced
and/or buffered (landscaping/berms) for screening from any adjacent property,
and lighting shall be directed away from adjacent property and public highways.
B.Â
Parking shall be located in the side or rear yard, and
no parking space may be located less than 50 feet from any property line.
C.Â
Any structure containing the adult use and entertainment establishment and any accessory structure shall have a residential appearance similar to existing dwelling units (excluding mobile homes) in the Village of Cobleskill. Building design shall avoid areas of blank wall sections and windows or one-way windows shall comply with § 45-7. Display prohibited.
All adult uses and entertainment establishments shall be conducted in
an enclosed building. It shall be a violation to display or exhibit (in the
open air, through a window, or by means of a sign. depiction or decoration),
or to allow to be displayed or exhibited, any specified anatomical area or
specified sexual activity.
Any adult use and entertainment establishment as defined herein operating
at the time of the effective date of this chapter shall cease all activity
that defines it as an adult use and entertainment establishment within 30
days of the effective date of this chapter. Any owner of an adult use and
entertainment establishment as defined herein operating at the time of the
effective date of this chapter in which the principal business purpose involves
activities which depict or describe specified sexual activities or specified
anatomical areas and discontinuance of such activity within 30 days would
constitute a significant financial burden, can apply to the Zoning Board of
Appeals for a one-time extension of the use for a period not to exceed eight
months. For purposes of this provision, "principal business purpose" shall
mean 25% or more of any of the following:
A.Â
The number of different titles or kinds of such merchandise;
B.Â
The number of copies or pieces of such merchandise;
C.Â
The amount of floor space devoted to the sale and/or
display of such merchandise; or
D.Â
The amount of advertising that is devoted to such merchandise,
either in print or broadcast media.
A.Â
Any person, firm, corporation or entity found to be violating
any provisions of this chapter shall be served with a written notice by the
Code Enforcement Officer or his/her designee, stating the nature of the violation
and providing for immediate correction thereof. Such notice shall be served
by one of the following methods:
(1)Â
By personal service;
(2)Â
By certified mail, return receipt requested, addressed
to his or their last known address as shown on the latest completed assessment
roll of the Village of Cobleskill; or
(3)Â
By posting of such notice in a conspicuous place upon
the premises affected, and a copy thereof mailed, addressed to his or their
last known address as shown on the latest completed assessment roll of the
Village of Cobleskill.
B.Â
Any person, firm, corporation or entity that shall violate
any portion of this chapter shall be guilty of a violation and, upon conviction
thereof, shall be fined in an amount not to exceed $500 for each violation.
The continuation of a violation of the provisions of this chapter shall constitute,
for each day the violation is continued, a separate and distinct offense hereunder.
C.Â
The owner and/or any occupant and/or any tenant and/or
general agent of a building, premises or part thereof where such a violation
has been committed or does exist shall be guilty of such an offense.
D.Â
Any person, firm, corporation or entity violating any
of the provisions of this chapter shall become liable to the Village for any
expense or loss or damage occasioned the Village by reason of such violation.
E.Â
The imposition of penalties herein prescribed
shall not preclude the Village or any person from instituting appropriate
legal action or proceedings to prevent a violation of this chapter, or to
restrain or enjoin the use or occupancy of a building, premises or part thereof
in violation of this chapter.