Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents

§ 215-96 Purpose.

[Amended 6-2-2008 by L.L. No. 3-2008]
Buildings and establishments operated as adult uses are detrimental and harmful to the health, safety, morals and general welfare of a community in that they engender adverse effects which contribute to the blighting or downgrading of a surrounding neighborhood. The Town has conducted a study that has confirmed that the conduct of adult entertainment uses in the Town of Tonawanda could cause or contribute to adverse impacts on the surrounding and adjacent properties, and determined locations within the Town where such businesses could be located to minimize the secondary impacts. In order to promote the health, safety, morals and general welfare of the residents of the Town of Tonawanda, this article is intended to restrict adult uses to those areas of the Town, excluding the Village of Kenmore, where they do not adversely affect adjoining uses and otherwise regulate their operation. It is not intended to limit freedom of speech. Moreover, because the operational characteristics of adult uses which are concentrated in a particular area are such that the deleterious impact on the surrounding neighborhood is increased, this article is intended to promote the health, safety, morals, general welfare and good order of the residents of the Town of Tonawanda by regulating the concentration of such uses.

§ 215-97 Definitions.

[Amended 6-17-1996 by L.L. No. 5-1996; 6-2-2008 by L.L. No. 3-2008]
As used in this article, the following terms shall have the meanings indicated:
ADULT BOOKSTORE and/or ADULT VIDEO STORE
An establishment in which a substantial or significant portion of its stock-in-trade consists of books, magazines, films, videocassettes, digital video discs or similar media for sale or viewing on the premises by use of motion-picture devices or any other coin-operated means, and other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or an establishment with a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET
A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.
ADULT MASSAGE PARLOR
A public or private establishment which is used for the provision of the service of stroking, kneading, tapping or vibrating the human body with the hands or other devices, with or without the aid of oils or other lubricants, except by those licensed to perform said activity under Education Law § 7802.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons which is used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
PERSON
Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
A. 
Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

§ 215-98 Locations.

[Amended 1-11-1988 by L.L. No. 1-1988; 6-17-1996 by L.L. No. 5-1996; 6-2-2008 by L.L. No. 3-2008]
Adult uses, including but not limited to adult bookstores, and/or adult video stores, adult motion-picture theaters, adult mini-motion-picture theaters, adult massage parlors and adult entertainment cabarets, shall be permitted subject to the following restrictions:
A. 
No such adult uses shall be allowed within 1,000 feet of another existing adult use.
B. 
No such adult use shall be located within 500 feet of the boundaries of property used for residential purposes.
C. 
No such adult use shall be located within 500 feet of a preexisting school, park, recreational facility, civic building or place of worship.
D. 
No such adult use shall be located within 500 feet of River Road or within the coastal area as defined by the Town's Local Waterfront Revitalization Program.
E. 
No such adult use shall be located in any zoning district except those zoned G-1 General Industrial District.
F. 
No more than one adult entertainment use shall be located on any single lot.
G. 
The distance set forth in Subsection A herein shall be measured from building to building. The distances set forth in Subsections B and C shall be measured from the nearest property boundary line of the property upon which the adult use is proposed to be located to the nearest point of the parcel containing the use from which the adult use is to be separated

§ 215-99 Registration with Clerk required.

[Amended 6-2-2008 by L.L. No. 3-2008]
A. 
The owner of a building or premises, his agent for the purpose of managing, controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register with the Town Clerk of the Town of Tonawanda the following information:
(1) 
The address of the premises.
(2) 
The name and address of the owner of the premises and the names and addresses of the beneficial owners if the property is in a land trust.
(3) 
The name of the business or the establishment subject to the provisions of this article.
(4) 
The name(s) and address(es) of the owner, beneficial owner or the major stockholder(s) of the business or the establishment subject to the provisions of this article.
(5) 
The date of initiation of the adult use.
(6) 
The nature of the adult use.
(7) 
If the premises or building is leased, a copy of said lease.
B. 
It is a violation of Article XV for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult use without having properly registered said adult use with the Town Clerk.
C. 
Registration under the provisions of this section shall not be transferable.

§ 215-100 Display of registration.

The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises of the adult use a copy of the registration filed with the Town Clerk.

§ 215-101 Observation from unregistered property.

No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.

§ 215-102 Additional restrictions.

[Added 6-2-2008 by L.L. No. 3-2008[1]]
A. 
There shall be no outdoor sign, display or advertising of any kind other than one identification sign.
B. 
Adult entertainment uses shall be required to obtain site plan approval in accordance with procedures outlined in § 215-152 of this chapter.
[1]
Editor's Note: This local law also repealed former § 215-102, Special performance standards use permits.