[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:
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.
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.
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.
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.
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.
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.
