It is the purpose of this chapter to regulate sexually explicit businesses,
to promote the health, safety, morals or general welfare of the citizens of
the City of Oneonta and to establish reasonable and uniform regulations to
prevent the undue concentration of sexually explicit businesses within the
City of Oneonta. The provisions of this chapter have neither the purpose nor
the effect of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is not the
intent of this article 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 intended market.
Neither is it the purpose of this article to condone or legitimize the distribution
of obscene materials.
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.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which offers for sale or rental for any
form of consideration any one or more of the following on 35% or more of its
sales floor:
A.
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, video cassettes or video reproductions, slides or other
visual representations which depict or describe specified sexual activities
or specified anatomical areas; or
B.
Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities. 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 anatomical areas and still be categorized as 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.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity;
B.
Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; 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 specified sexual activities or specified
anatomical areas; and has a sign visible from the public right-of-way which
advertises the availability of this 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, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment
which regularly 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.
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 person or business association who furnishes, offers to furnish
or advertises to furnish escorts as one of its primary business purposes for
a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business as a new
business.
B.
The conversion of an existing business, whether or not sexually oriented
business, to any sexually oriented business.
C.
The additions of any sexually oriented business to any other existing
sexually oriented business.
D.
The relocation of any sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays
specified anatomical areas is provided to be observed, sketched, drawn, painted,
sculptured, photographed or similarly depicted by other persons who pay money
or any form of consideration, excepting such studios provided by a state-chartered
educational institution or nonprofit entities.
PERMITTEE AND/OR LICENSEE
A person in whose name a permit and/or license to operate a sexually
oriented business has been issued, as well as the individual listed as an
applicant on the application for a permit and/or license.
PERSON
An 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 supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
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 seminude.
SEXUALLY EXPLICIT BUSINESS
An adult arcade, adult bookstore or adult cabaret, adult motel, adult
motion picture theater, adult theater, escort agency, nude model studio or
sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the vulva or
more intimate parts of the female genitals.
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 perverted, actual or simulated, including intercourse,
oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease or sublease of the business.
B.
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means.
C.
The establishment of a trust, gift or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing
the ownership or control.
The following uses as hereinbefore defined: adult arcades, adult bookstores
or adult video stores, adult cabarets, adult motels, adult motion picture
theaters, adult theaters, escort agencies, nude model studios and sexual encounter
centers shall be designated "adult uses." Adult uses shall be a permitted
use in any GBD or HID zone only, provided that:
A. All such uses shall be subject to a special use permit pursuant to §
300-45 of this Code.
B. An adult use may not be operated within 500 feet of:
(1) A church, synagogue or regular place of worship.
(2) A public or private elementary or secondary school.
(3) A boundary of any residential RD zone.
(4) A public park adjacent to any residential district.
C. An adult use may not be operated within 1,000 feet of
another adult use or on the same lot or parcel of land.
D. An adult use may not be operated in the same building,
structure or portion thereof containing another adult use.
E. For the purpose of this article, measurement 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 part of the
premises where an adult use 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.
F. For purposes of Subsection
C of this section, the distance between any two adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
G. All adult uses shall be conducted in an enclosed building
with a setback from any public street of at least 100 feet. Regardless of
location or distance, no one who is passing by any enclosed building having
a use governed by these provisions shall be able to visually see any specified
anatomical area or any specified sexual activity by virtue of any display
which depicts or shows said area or activity. This requirement shall apply
to any display, decoration, sign, window or other opening.