[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 10-4-1994 by L.L. No. 9-1994. Amendments noted where applicable.]
The Board of Trustees hereby finds that adult entertainment uses of property, by their very nature, have serious objectionable characteristics that can have a significant impact on the neighborhood and community in which they are located. The Board of Trustees further finds that:
The uncontrolled proliferation of such uses would be inconsistent with the nature of the village as a primarily residential, family-oriented community.
Such uses can contribute to the blighting or downgrading of neighborhoods in which they are located as a result of their related potential for an increase in crime and the undermining of the economic, moral and social welfare of the community.
Such uses can adversely impact the general health, safety and economic well-being of the entire community and, in particular, the children of the community.
The location of such uses in areas where children reside or may regularly assemble is of great concern to the Village of Hastings-on-Hudson.
Therefore, it is the purpose of this chapter to prevent a concentration of these uses in any one area and to specifically reduce their potential accessibility to children.
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, periodicals, recordings, films, videotapes, cassettes or other viewing materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas and which establishment excludes minors by reason of age.
- ADULT ENTERTAINMENT CABARET
- An establishment that presents topless and/or bottomless dancers, strippers, male or female impersonators, exotic dancers or other similar entertainers, and excludes minors by reason of age.
- ADULT ENTERTAINMENT USE
- Any use constituting an adult bookstore, adult motion-picture theater, adult entertainment cabaret or massage establishment, as those terms are defined herein.
- ADULT MOTEL
- A motel that is open to the public generally and makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would exclude minors by reasons of age.
- ADULT MOTION-PICTURE THEATER
- An establishment presenting material distinguished or characterized by primary emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons, and which establishment excludes minors by reason of age.
- A method of treating the external part of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
- MASSAGE ESTABLISHMENT
- An establishment where massages are administered, excluding hospitals, nursing homes, medical clinics, offices of health care practitioners duly licensed by the State of New York and barbershops or beauty salons in which massages are administered to the scalp, the face, the neck or the shoulder. This definition shall also not include any volunteer fire department or volunteer rescue squad or any nonprofit organization operating a community center or other such educational, cultural, recreational or athletic facilities.
- 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.
- SEXUAL ACTIVITIES
- Any act of masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is female, breast.
No adult entertainment use shall be permitted except upon the issuance of a special use permit by the Board of Trustees including any conditions as the Trustees may determine are appropriate in connection therewith.
The following standards shall control the location and operation of adult entertainment uses:
No more than one adult entertainment use shall be permitted on any lot, and no such use shall be permitted within 750 feet of any other such use.
No adult entertainment use shall be permitted in any building used in whole or in part for residential purposes.
No adult entertainment use shall be permitted on any lot that is located within 750 feet of any lot used for residential purposes in a residential district.
No adult entertainment use shall be permitted on any lot that is located within 750 feet of any lot on which is located a school, place of worship, counseling or psychiatric treatment facility, community center, day-care center, public park, playing field or other area in which large numbers of minors regularly congregate.
No adult entertainment use shall be permitted within 750 feet of a train station or any school bus stop.
Adult entertainment uses shall comply with all other requirements of the Code of the Village of Hastings-on-Hudson, as well as all applicable town, county, state and federal laws and regulations.
All building openings, including doorways, windows, etc., shall be located, covered or screened in such manner as to prevent a view into the adult entertainment use from any public street, sidewalk or parking area.
As a condition to the issuance of a special use permit for any such adult entertainment use, there shall be a restriction that no person under the age of 18 years shall be permitted into or on the premises.
Any adult entertainment use lawfully in existence on the date on which the provisions of this chapter become effective shall be permitted to continue, provided that such use is registered with the Village Building Inspector within 30 days of said date, and further provided that it is established to the satisfaction of the Village Building Inspector that such use complies with all applicable requirements as set forth herein.
Any adult entertainment use which is lawfully in existence on the date on which the provisions of this chapter become effective and which registers with the Building Inspector within the required 30 days but cannot establish to the satisfaction of the Building Inspector that said use complies with the requirements of this chapter shall be discontinued on or before the date specified in accordance with the following amortization schedule:
The owner of each such use shall specify, with appropriate documentation, the amount of its capital investment prior to registering such use with the Building Inspector.
Any adult entertainment use which fails to register with the Building Inspector within 30 days of the effective date of this chapter shall be entirely discontinued on or before December 31, 1994.