[HISTORY: Adopted by the Town Board of the Town of Fenton 6-1-1983 as L.L. No. 1-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 150.
The establishment of certain adult entertainment businesses in the Town of Fenton will tend to result in the blighting and deterioration of the town. Accordingly, it is necessary that these businesses be regulated in such a manner as to prevent the erosion of the character of the town. It is necessary to regulate the establishment of such adult entertainment businesses within close proximity to residentially zoned areas, schools, churches, parks and playgrounds so as to minimize the proliferation of criminal activity and a blighting and degrading effect upon surrounding neighborhoods.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT ENTERTAINMENT BUSINESS
As used in § 50-3, includes the following:
A. 
ADULT BOOKSTOREAn establishment having, as a significant portion of its stock in trade, books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
B. 
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a seating capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
C. 
ADULT MOTION-PICTURE ARCADEAny 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 sexual conduct or specified anatomical areas.
D. 
ADULT MOTION-PICTURE THEATERAn enclosed building with a seating capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
E. 
ADULT ENTERTAINMENT CABARETA public or private nightclub, bar, restaurant or similar commercial establishment, with or without a liquor license, which regularly features:
[Added 6-4-1997 by L.L. No. 3-1997]
(1) 
Persons who appear in a state of nudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or sexual conduct, including topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons; or
(3) 
Files. motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexual conduct or specified anatomical areas.
F. 
ADULT DANCING ESTABLISHMENTA commercial establishment that permits or allows dancers to display or expose specified anatomical areas. Any establishment on whose premises an employee, who need not be the same employee, displays or exposes specified anatomical areas on more than one day in a thirty-day period shall be deemed an adult dancing establishment under this chapter. For the purpose of this section, the term "employee" shall include but not be limited to employees, independent contractors and anyone else acting under the auspices of the establishment.
[Added 6-4-1997 by L.L. No. 3-1997]
G. 
ADULT MOTELA hotel, motel or similar commercial establishment which offers accommodation to the public for any form of consideration and:
[Added 6-4-1997 by L.L. No. 3-1997]
(1) 
Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexual conduct or specified anatomical areas, and has a sign visible for the public right-of-way which advertises the availability of photographic productions;
(2) 
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) 
Allows a tenant or occupant of the sleeping room to sublet the room for a period of time that is less than 10 hours.
H. 
ESCORT AGENCYA person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one of its business purposes for a fee, tip or other consideration.
[Added 6-4-1997 by L.L. No. 3-1997]
I. 
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its business purposes, offers for any form of consideration:
[Added 6-4-1997 by L.L. No. 3-1997]
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
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.
SEXUAL CONDUCT
[Amended 6-4-1997 by L.L. No. 3-1997]
Includes the following:
A. 
The fondling or other touching of human genitals, pubic regions, buttocks or female breasts.
B. 
Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy.
C. 
Masturbation.
SPECIFIED ANATOMICAL AREAS
[Amended 6-4-1997 by L.L. No. 3-1997]
Include less than completely and opaquely covered:
A. 
Human genitals or pubic region.
B. 
The cleavage of the human buttocks.
C. 
That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the breast but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided that the areola is not so exposed.
D. 
Human male genitals in a discernable turgid state, even if completely and opaquely covered.
[Amended 6-4-1997 by L.L. No. 2-1997; 6-4-1997 by L.L. No. 3-1997]
A. 
No person shall cause or permit the establishment of any adult entertainment business, as defined in § 50-2 hereof, within 500 feet of any town or county road, state highway, residential dwelling, church, school, park, playground or existing adult entertainment business.
B. 
The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses described in § 50-2 hereof.
For the purposes of this chapter, 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 business to the nearest:
A. 
Property line of a building containing a residential dwelling, church or school.
B. 
Boundary of a park or playground.
C. 
Right-of-way boundary of a town road, county road or state highway.
[Amended 6-4-1997 by L.L. No. 2-1997]
Violation of this chapter is punishable by a fine not exceeding $500 or by imprisonment not exceeding six months, or by both such fine or imprisonment. Each day during any portion of which any violation of this chapter is committed, permitted or continued shall constitute a separate offense.