[HISTORY: Derived from Chapter 38 of the 1975 Compilation, as amended
through 1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
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:
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.
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:
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
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.
A nightclub, 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, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A 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,
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;
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, 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.
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.
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 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.
Includes any of the following:
The opening or commencement of any sexually oriented business as a new
business.
The conversion of an existing business, whether or not sexually oriented
business, to any sexually oriented business.
The additions of any sexually oriented business to any other existing
sexually oriented business.
The relocation of any sexually oriented business.
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.
The appearance of a human bare buttocks, anus, male genitals, female
genitals or full female breast.
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.
An 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 supporting straps or devices.
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
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.
The male genitals in a state of sexual arousal and/or the vulva or
more intimate parts of the female genitals.
Includes any of the following:
The increase in floor areas occupied by the business by more than
25%, as the floor areas exist on date of enactment.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means.
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:
C.Â
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.Â
An adult use may not be operated in the same building,
structure or portion thereof containing another adult use.
E.Â
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.Â
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.Â
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.
A.Â
A person may operate an adult use business only within
the GBD or HID zone of the City of Oneonta only in accordance with the provisions
of this statute.
B.Â
Prior to the commencement of any adult use business or
upon any transfer of ownership or control, the premises must be inspected
and found to be in compliance with all laws, rules and regulations of the
Health Department, Fire Department and City Building and Zoning Enforcement
Officer, Fire Marshal and other code enforcement officials.
C.Â
The Health Department, Fire Department and the City Code
Enforcement Officer 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. The certification
shall be promptly presented to the City Code Enforcement Officer.
D.Â
The City Code Enforcement Officer shall suspend the right
to conduct such adult use for a period not to exceed 30 days if he determines
that the owner and/or operator or an employee of the owner and/or operator
has:
(1)Â
Violated or is not in compliance with any section of
this chapter.
(2)Â
Engaged in illegal use of alcoholic beverages while on
the adult use business premises.
(3)Â
Refused to allow an inspection of the adult use business
premises as authorized by this chapter.
(4)Â
Knowingly permitted gambling by any person on the adult
use business premises.
(5)Â
Knowingly allowed possession, use or sale of controlled
substances on the premises.
(6)Â
Knowingly allowed prostitution on the premises.
(7)Â
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.
E.Â
An applicant, or permittee and/or licensee shall permit
representatives of the City Police Department, Health Department, Fire Department,
Code Enforcement Officer or other city departments or agencies to inspect
the premises of an adult use business for the purpose of ensuring compliance
with the law at any time it is occupied or open for business.
F.Â
Prior to any suspension, the Code Enforcement Officer
shall provide to the owner and/or operator a notice stating the grounds for
the suspension. The notice stating the grounds shall be provided to the owner
and/or operator in writing. The owner and/or operator has the right to appeal
this notice in writing to the Code Enforcement Officer within 10 days of receipt
of said notice. The Code Enforcement Officer may not suspend the right to
conduct such adult use 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.
A.Â
A person who knowingly owns, manages, operates, conducts
or maintains any of the uses governed by these provisions in any way which
is contrary to those regulations shall be subject to prosecution under this
Code or by civil injunction by the City Attorney in any court of competent
jurisdiction.
B.Â
The continuation of a violation of the provisions of
this article shall constitute, for each day the violation is continued, a
separate and distinct offense hereunder.
C.Â
Each violation of the provisions of this article shall
subject the owner and/or operator to a fine in the amount of $250 for each
such violation in addition to any other penalties otherwise imposed hereunder.
