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Town of Guilderland, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Guilderland 11-16-1999 by L.L. No. 7-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 280.
The Town Board recognizes that there are secondary impacts associated with adult entertainment establishments that are not appropriate within certain areas of the Town of Guilderland. This conclusion was reached through the review of numerous comprehensive secondary impact studies that indicated an increase in crime, prostitution and violence and a decrease in residential property values when adult entertainment establishments were permitted within residential areas.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines, films, compact discs or videos for sale, lease or viewing on the premises, which are distinguished or characterized by their emphases on matter depicting, describing or relating to specified sexual activities; or an establishment with a segment or section devoted to the sale, lease or display of such material.
ADULT ENTERTAINMENT CABARET
A public or private establishment which may or may not be licensed to serve food and/or alcoholic beverages, which involves the viewing or touching of specified anatomical areas, the viewing of specified sexual activities or other similar entertainment.
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, except by those licensed to perform such activities by Title VIII of the New York State Education Law.
ADULT MOTION PICTURE THEATER
An enclosed building or drive-in theater which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities for observation by patrons therein.
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.
Adult entertainment establishments, including but not limited to adult bookstores, adult entertainment cabarets, adult massage parlors and adult motion-picture theaters, shall be permitted subject to the following restrictions:
A. 
No adult entertainment establishment shall be allowed within 1,000 feet of a residential district, as defined by Chapter 280 of the Guilderland Code.
B. 
No adult entertainment establishment shall be allowed within 1,000 feet of any school, library, church, synagogue or other place of religious worship, child day-center, park, playground or playing field.
C. 
No adult entertainment establishment shall be located within 500 feet of another existing adult entertainment establishment.
D. 
No adult entertainment establishment shall violate any federal, state, county or local law or regulation.
E. 
Adult entertainment establishments are permitted only in districts zoned Light Industrial (LI) or Industrial (I), as defined by Chapter 280 of the Guilderland Code.
A. 
The owner, manager or agent of a building or premises, any part of which contains an adult entertainment establishment, shall register with the Town Clerk of the Town of Guilderland the following information:
(1) 
The address of the premises.
(2) 
The name and address of the owner of the premises.
(3) 
The name of the business or the establishment subject to the provisions of this chapter.
(4) 
The names and addresses of the owners, beneficial owners or the major stockholders of the business or the establishment subject to the provisions of this chapter.
(5) 
The date of initiation of the adult entertainment establishment.
(6) 
The nature of the adult entertainment.
(7) 
If the premises or building is leased, a copy of said lease.
B. 
It is a violation of this chapter for the owner, manager or agent of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult entertainment establishment without having properly registered said adult use with the Town Clerk.
The owner, manager or agent of a registered adult entertainment establishment shall display, in a conspicuous place on the premises of the adult entertainment establishment, a copy of the registration filed with the Town Clerk.
No adult entertainment establishment shall permit the observation of any material depicting, describing or relating to specified anatomical areas or specified sexual activities 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.
A violation of this chapter shall be punishable by a fine not to exceed $500 per week of said violation or by imprisonment for a period not to exceed six months, or both.