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.
SPECIFIED ANATOMICAL AREAS
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.
SPECIFIED SEXUAL ACTIVITIES
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.
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.