[HISTORY: Adopted by the Board of Trustees
of the Village of Holley 11-12-2002 by L.L. No. 2-2002. Amendments noted where
applicable.]
This chapter shall be known as "Local Law No.
2 of the Year 2002 - Regulating Adult Businesses in the Village of
Holley.”
The purpose of this chapter is to promote the
health, safety and general welfare of the residents of the Village
of Holley; to provide standards for the safe provision of adult businesses;
and to minimize any potential adverse effects which may result from
adult businesses by requiring the careful siting of such businesses.
For the purpose of this chapter, certain terms
or words used herein shall be interpreted as follows:
A public or private establishment having as a substantial
or significant portion of its stock-in-trade books, magazines, marital
aids or novelties, films for sale/rent or viewing on premises by use
of motion-picture devices or any other coin-operated means, and other
periodicals or materials which are distinguished or characterized
by their emphasis on matter depicting, describing, or relating to
specific sexual activities or specific anatomical areas; or an establishment
with a segment or section devoted to the sale, rental of display of
such material.
For the purpose of this chapter, this definition shall include,
but shall not be limited to, adult bookstores, adult video stores,
adult novelty stores, adult entertainment cabarets, adult mini-motion-picture
theaters, adult motion-picture theaters, and other similar sexually
oriented public or private establishments.
A public or private establishment which is licensed to serve
food and/or alcoholic and/or nonalcoholic beverages, and which features
topless dancers, go-go dancers, exotic dancers, strippers, male or
female impersonators, or similar entertainers.
A public or private establishment in an enclosed building
with a capacity of fewer than 50 persons used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specific sexual activities or specific anatomical
areas for observation by patrons therein.
A public or private establishment in an enclosed building
with a capacity of 50 or more persons 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 specific sexual activities or specific anatomical areas
for observation by patrons therein.
In the case of an individual, the person applying for a permit;
in the case of an association or partnership, each of the associates
or partners; in the case of a corporation, each of the officers, and
the directors and each stockholder owning more than 10% of the outstanding
shares of the corporation; in the case of a limited-liability company,
each of the members and managers of the limited-liability company.
Any person, firm, partnership, corporation, association,
limited-liability company or other legal entity, acting individually
or jointly.
All adult businesses shall be subject to the
following restrictions:
A.
Adult businesses shall be permitted only in the Industrial and Light Industrial Zoning Districts as defined in Chapter 265, Zoning.
B.
Adult businesses shall comply with all setback, frontage and lot size dimensional requirements of the underlying Industrial and Light Industrial Districts, as defined in Chapter 265, Zoning, unless a greater or lesser dimensional requirement is required under this chapter.
C.
No adult business shall be allowed to occur within
500 feet of the property boundary of another existing adult business.
D.
No building or structure associated with an adult business shall be located within 100 feet of any boundary of the Residential, R2 and C1 Zoning Districts, or within 50 feet of any boundary of the Industrial Zoning District as defined in Chapter 265, Zoning. No building or structure, etc., shall be located within a five-hundred-foot distance from schools, churches and libraries.
[Amended 10-12-2004 by L.L. No. 3-2004]
E.
No adult business shall be conducted in any manner
that permits the observation of any material that depicts, describes,
or relates to specific sexual activities or specific anatomical areas
from any public right-of-way or from any property not registered as
an adult business. This provision shall also apply to any display,
decoration, sign, show window, or other opening.
F.
One on-site sign shall be permitted, not to exceed
32 square feet per side. Said sign shall only include the business
name and/or hours of operation. No sign shall consist of lights which
flash, move or appear to move. Placement of a sign on premises other
than the site of the adult business shall be prohibited.
G.
Adult businesses shall provide a minimum of one parking
space for each 100 square feet of gross floor area, and one parking
space for each employee. A parking space shall not be less than 10
feet by 20 feet. Parking for more than 50 vehicles shall delineate
fire lanes.
H.
No driveway shall be located less than 50 feet from
an intersection, less than less than 20 feet from a property line,
and be less than 20 feet in width.
I.
Adult businesses shall provide a commercial refuse
container placed on a concrete slab which is screened from view and
is located so as to permit safe and easy removal of refuse by hand
or truck.
J.
No exterior light source shall be erected in excess
of 50 feet above the ground, and light sources shall be placed so
that direct light or glare is not cast upon adjacent properties.
K.
Landscaping and/or fencing shall be provided along
all side and rear lot lines to minimize visual conflicts with adjacent
land uses.
L.
Water supply and sewage disposal systems shall be
reviewed and approved by the Orleans County Health Department.
M.
No person under the age of 21 years shall be permitted
on or within the premises of an adult business.
A.
No person shall engage in, conduct, or carry on an
adult business in the Village of Holley unless a complete application
therefor has been submitted, approved, and a permit issued by the
Village of Holley Zoning Enforcement Officer (ZEO).
B.
Each application for an adult business shall be submitted
to the ZEO, contain all the information described below, and be accompanied
by a nonrefundable application fee of $100:
(1)
The name, residential street address, and residential
mailing address (if different) of the applicant.
(2)
The street address and mailing address (if different)
of the proposed adult business.
(3)
All other residences of the applicant for the three-year
period immediately preceding the date of the application.
(4)
The business, occupation, or employment of the applicant
for the three-year period immediately preceding the date of the application.
(5)
Written proof that the applicant is 21 years of age
or older.
(6)
A complete set of the applicant's fingerprints.
(7)
A description of the facilities and services to be
available on the premises of the proposed adult business.
(8)
The history of the applicant in the operation of similar
establishments or businesses, including, but not limited to, whether
or not the person, previously operating in this state or another city
or state under license, has had such permit revoked or suspended and
the reason therefor, and the business activity or occupation subsequent
to such action of suspension or revocation.
(9)
The criminal record, if any, other than misdemeanor
traffic violations, of the applicant; if the applicant is an association
or partnership, the criminal record of each associate or partner;
if the applicant is a corporation, the criminal record of each officer
or director of the corporation and each of the stockholders owning
more than 10% of the stock of the corporation; if the applicant is
a limited-liability company, the criminal record of each of the members
and managers of the limited-liability company.
(10)
A scale site plan showing: North arrow, drawing scale,
Tax Map number, property boundaries and dimensions, existing and proposed
buildings and dimensions, proposed grading and drainage, vegetation,
parking, driveways, lighting, signs, refuse containers, fences, water
source, sewage system, and any other pertinent information that may
be deemed necessary by the Village of Holley Planning Board.
C.
Upon receipt of a complete application and fee as
provided for above, the ZEO shall make or cause to be made a thorough
investigation of the applicant's criminal record, and shall review
the site plan for compliance with the provisions of this chapter.
A.
Permit approval. A permit application may be approved
by the ZEO where it appears that the applicant has not been convicted
of any offense which would be cause for denial of a permit upon an
original application, has not made false statements on an application
for a permit, has not previously owned or operated an adult business
which resulted in suspension or revocation of permits or licenses,
and has not committed an act in violation of this chapter. The ZEO
shall issue a permit within five days of completing his investigation
and concluding that issuance of the permit is warranted. A copy of
the permit shall be filed in the office of the Village Clerk.
B.
Permit denial. A permit application may be denied
by the ZEO where it appears that the applicant has been convicted
of any offense which would be cause for denial of a permit upon an
original application, or has made a false statement on an application
for a permit, or has previously owned or operated an adult business
which resulted in suspension or revocation of permits or licenses,
or has committed an act in violation of this chapter. The ZEO shall
give the applicant a written notice specifying the grounds for permit
denial. The applicant may, within 10 days from the date of such denial,
file written request with the Village Board for a public hearing.
The hearing shall be conducted by the Village Board and held within
30 days after filing the request for the hearing, and at which time
the permit holder may present evidence bearing upon the question.
The Village Board shall then issue a written finding within five days
after the date of the public hearing as to whether the permit application
was properly denied. If the Village Board determines the permit was
unduly denied, the ZEO shall be directed to issue a permit within
five days of the date of the written finding. A copy of the permit
shall be filed in the office of the Village Clerk.
C.
Permit suspension. A permit may be suspended and a
fine levied against the permit holder by the ZEO where it appears
that the permit holder has committed an act in violation of this chapter.
The ZEO shall give the permit holder a written notice which shall:
direct the permit holder to immediately cease operation of the business,
specify the grounds for suspension, specify the action that the permit
holder must undertake to correct the violation, designate a ten-day
time period from the date of said notice for all violations to be
corrected to the satisfaction of the ZEO, specify that if the violations
are not adequately corrected within the ten-day time period, the permit
shall be immediately revoked, and specify the fine to be levied against
the permit holder. The permit holder may, upon payment of all fines
and within 10 days from the date of such suspension, file a written
request with the Village Board for a public hearing. The hearing shall
be conducted by the Village Board and held within thirty days after
filing the request for the hearing, and at which time the permit holder
may present evidence bearing upon the question. The Village Board
shall then issue a written finding within five days after the date
of the public hearing as to whether the permit was properly suspended.
If the Village Board determines the permit was unduly suspended, the
permit shall be immediately reinstated, monies collected for fines
shall be returned, and the adult business shall be allowed to resume
operation. If the Village Board determines the permit was properly
suspended, the adult business shall continue not to operate, and the
permit holder shall have 10 days from the date of receipt of the written
finding to correct the violation(s) to the satisfaction of the ZEO.
If the violation(s) are adequately corrected, the ZEO shall immediately
reinstate the permit and the adult business shall be allowed resume
operation. If the violation(s) are not adequately corrected, the ZEO
shall immediately revoke the permit following the procedures described
below.
D.
Permit revocation. A permit may be revoked by the
ZEO where it appears that the permit holder has not corrected violations
pertaining to a previously issued suspension notice, or has committed
an act in violation of this chapter. A permit shall be automatically
revoked if the permit holder receives more than two separate suspensions.
The ZEO shall give the permit holder a written notice directing the
permit holder to immediately terminate operation of the business and
shall specify the grounds for revocation. The permit holder may, within
10 days from the date of such revocation, file a written request with
the Village Board for a public hearing. The hearing shall be conducted
by the Village Board and held within 30 days after the filing of the
request for the hearing, and at which time the permit holder may present
evidence bearing upon the question. The Village Board shall then issue
a written finding within five days after the public hearing as to
whether the permit was properly revoked. If the Village Board determines
the permit was unduly revoked, the permit shall be reinstated and
the adult business use shall be allowed to resume operation. If the
Village Board determines the permit was properly revoked, the adult
business shall immediately and permanently cease to operate.
[Amended 10-12-2004 by L.L. No. 3-2004]
A.
A violation of any provision of this chapter shall
constitute an offense, and shall be subject to suspension of the permit
and be punishable by a fine of $500 for the first suspension, and
$1,000 for a second and final suspension. A permit shall be automatically
revoked if the permit holder receives more than two separate suspensions.
B.
If an adult business operates without a permit, or
unlawfully operates after a permit was properly suspended or revoked,
such violation shall be punishable by a fine of $1,000 and/or by imprisonment
for up to 15 days. Each day such a violation continues shall constitute
a separate offense.
