[HISTORY: Adopted by the Board of Trustees of the Village of Pulaski at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
In the execution of this chapter, it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics which can lead to significant adverse impacts on the economic and social welfare of the surrounding community. Therefore, the Village Board of Trustees of the Village of Pulaski recognizes that special regulation is necessary in order to limit the proliferation of adult entertainment businesses and to ensure that the effect of such businesses will not adversely affect the health, safety and economic well-being of the community.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT BOOKSTORE
- Any establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films and other viewing materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual, or specific anatomical areas or an establishment with a segment or section devoted to the sale or display of such material and sexual apparatus and devices, and which establishment is customarily not open to the public generally, but excludes any minor by reason of age.
- ADULT ENTERTAINMENT CABARET
- A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments, and which establishment is customarily not open to the public generally, but excludes any minor by reason of age.
- ADULT ENTERTAINMENT CENTER
- Any establishment which, for the purpose of entertainment or gratification of the patron, markets or has available for use that stock-in-trade traditionally associated with adult bookstores, as defined above.
- ADULT MOTEL
- A motel which is not open to the public generally, but excludes minors by reason of age.
- ADULT NOVELTY STORE
- Any establishment having as a substantial or significant portion of its stock-in-trade, whether for sale or on display, those materials or apparatus and devices used or employed for sexual gratification.
- ADULT THEATER
- A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally, but excludes any minor by reason of age.
- A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
- MASSAGE ESTABLISHMENT
- Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. The definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
- MASSAGE TECHNICIAN
- Any individual who administers a massage to another individual at a massage establishment. This definition shall not include any health care practitioner duly licensed by the State of New York.
- PEEP SHOW
- A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally, but excludes any minor by reason of age.
- SADOMASOCHISTIC ABUSE
- Flagellation or torture by or upon a human being who is nude, clad in undergarments or in revealing or bizarre costumes, or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained.
- SEXUAL ACTIVITIES
- Any act of masturbation, cunnilingus, fellatio, sodomy, sadomasochism, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttock or between humans and animals, in an act of apparent sexual stimulation or gratification.
- SEXUAL CONDUCT
- SEXUAL GRATIFICATION
- Any act or observation which will satisfy, arouse, stimulate or benefit the sexual desires of the actor or any observer.
- SPECIFIED ANATOMICAL AREAS
- Human male or female genitals, pubic area or buttocks with less than a full, opaque covering, or female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or covered male genitals in a discernibly turgid state.
No person shall cause or permit the establishment of any of the following adult uses as defined in § 6-2 above and are restricted as to location in the following manner, in addition to any requirements of this Code.
Adult uses shall be allowable in districts zoned industrial and commercial only through the issuance of a special use permit by the Planning Board after a public hearing.
Such uses shall be a minimum of 1,000 feet from schools, churches, public parks and recreation lands, day-care centers, municipal boundary lines and other adult uses.
Any such establishment must be located at least 500 feet from any residence or residential building.
No more than one of the adult uses, as defined above, shall be located on any lot.
No adult use shall be established in any building of which any part is used for residential purposes.
No residential use shall be established in any building of which any part is used as an adult use establishment.
Stairways, sloping or rising paths, building entrances and exits shall be illuminated. Spotlight-type fixtures attached to buildings should be avoided.
Adequate lighting shall be provided on a site to ensure safe movement of persons and vehicles and for security purposes.
No exterior sign shall contain any photographic or artistic representation specifying anatomical areas.
All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.
All adult uses shall be provided with off-street parking for all vehicles during typical peak use periods. Off-street parking may be located off-site, but must be within 300 feet of the site. If the property on which such parking will be permitted is not owned by the business operating the adult use, then evidence, in writing, must be submitted to the Village Planning Board indicating the owner's agreement to allow patrons of the adult use access to such off-site parking facilities.
One parking space for every 200 square feet of gross floor area devoted to the adult use shall be provided.
It is further declared that:
The location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Pulaski.
The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed.
If 51% or more of the property owners within the specific Industrial or Commercial Service District proposed for said use petition the Planning Board at the public hearing stating objection to the proposed use, the special use permit shall not be granted.
For purposes of this section, measurements shall be made in a straight line, without regard to the 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 property line of a building containing a residential dwelling or rooming unit, a church, school or amusement arcade or to the nearest boundary of a park or playground.