[HISTORY: Adopted by the Town Board of the Town of Manchester 5-14-1996 by L.L. No. 6-1996 (Ch. 55 of the 1989 Code). Amendments noted where applicable.]
Zoning — See Ch. 325.
The Town Board of the Town of Manchester has determined that adult entertainment businesses exhibit serious objectionable operational characteristics which can lead to significant adverse impacts on the surrounding community and that the unrestrained proliferation of such businesses is not consistent with existing development and future plans for the Town of Manchester in that adult entertainment businesses often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. Therefore, the Town Board of the Town of Manchester recognizes that special regulation is necessary in order to prevent the proliferation of adult entertainment businesses and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT BOOKSTORE
- A business, whether retail or wholesale, having more than 5% of its net floor space set aside for, or more and 5% of the value of its stock in trade allocated to, recordings, books, magazines, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to sexual activities or specified anatomical areas.
- ADULT ENTERTAINMENT USES (GENERALLY)
- Any business, including but not limited to those specifically enumerated in this chapter, which has more than 5% of its net floor space set aside or more than 5% of the volume of its stock-in-trade devoted to the display, viewing or dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or related to sexual activity or specified anatomical areas, including but not limited to any establishment that allows or promotes dancers, performers or employees, whether male or female, to display specified anatomical areas.
- ADULT MOTION-PICTURE THEATER
- An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by an emphasis on matters depicting, describing or relating to sexual activities or specified anatomical areas for observation by patrons.
- Any person, firm, association, partnership, corporation or other entity for profit.
- The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or specified anatomical areas.
- A method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand or any instrument.
- MASSAGE ESTABLISHMENT
- Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of any health care practitioner duly licensed by the State of New York nor barbershops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulders. This definition shall not include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facility.
- NET FLOOR AREA
- That portion of the building devoted to display, whether for viewing or dissemination, of a business's stock-in-trade. This shall not include entry areas, stockrooms, closets, storage areas, cash register areas or any area from which the public is excluded or rest rooms, whether public or private.
- SEXUAL ACTIVITIES
- Any act of masturbation, fellatio, sadomasochism, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area or buttocks.
- SPECIFIED ANATOMICAL AREAS
- Human male or female breasts, genitals, pubic areas or buttocks with less than a full opaque covering.
Adult uses shall be permitted as a special use only in the Industrial Districts of the Town of Manchester.
All provisions of Chapter 325, Zoning, of the Code of the Town of Manchester shall be applicable to any use specified in the Industrial District.
Such uses and businesses shall be a minimum of 2,000 feet from schools, churches, public parks and recreational lands, municipal boundary lines, any private residence and other specified uses and businesses set forth in this chapter. Measurement of distances shall be from the property lines of the uses.
In addition to any other requirements imposed by the Town of Manchester or State of New York, the following specified regulations shall apply to any adult entertainment and business use:
No exterior sign shall contain any photographic or artistic representation of the human body.
All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.
Application for a license to operate an adult entertainment use shall be made to the Town Clerk in a form specified by the Town Board. If the application is complete, the Town Clerk shall forward a copy of this application to the Town Board for its approval or disapproval.
Application for license. An application for a license to operate an adult entertainment use shall be made to the Town Clerk in a form prescribed by the Town Clerk, which application shall be submitted under oath and shall supply the following information:
The name, address and phone number of the person, business or establishment applying for an adult entertainment use.
The exact nature of the adult entertainment use and hours of its operation.
A description of the location of the use and a description of all adjacent properties and uses.
A statement of the nature and character of the applicant's other business or businesses, if any, to be carried on in conjunction with the adult entertainment use.
The name or names of the person or persons who will manage or supervise the applicant's business.
The names, business and home addresses and business and home phone numbers of all those persons or businesses having a substantial connection with the business or establishment to be licensed.
If applicable, a disclosure of the criminal record, if any, of any person who will manage or supervise the applicant's business or of any person having a substantial connection with the business or establishment to be licensed. Disclosure of conviction of crimes punishable pursuant to §§ 230 through 345 of the New York State Penal Law shall only be disclosed if the same have occurred within a two-year period preceding the date of the application.
The status of all other required local and state approvals.
The application shall not be deemed complete until all of the information required pursuant to Subsection B is received by the Town Clerk. Once the application is complete, the same will be deemed accepted by the Town Clerk.
Fee. An application for an adult entertainment use license shall be accompanied by a nonrefundable fee in such amount as the Town Board of the Town of Manchester may from time to time establish by resolution.
Issuance. Upon the receipt of a properly filled out application and application fee, the Town Board shall review the application and, if granted, the Town Clerk shall issue the license to the applicant within 30 days from the date of the acceptance of the application.
Denials. The Town Board may deny the application, in which case the Clerk shall specify to the applicant the reason or reasons therefor. Such decision must relate to the protection of the public safety, health, morals or general welfare of the residents of the Town. The Town Board may also deny any application by any person who shall have been convicted of any crime or of any previous violation of this chapter.
Appeals. Any person aggrieved by the action of the Town Board in the denial of the permit shall have the right of appeal to the Town Board. Such appeal shall be taken by filing with the Board a written statement setting forth fully the grounds of such appeal. Such appeal must be filed within 14 days of the date that the notice of the action complained of has been mailed to such aggrieved person's last known address. The Town Board shall set a time and place for a hearing on such appeal within 60 days of the receipt of the appeal; notice of such hearing shall be given to the applicant by certified mail at the applicant's last known address at least 10 days prior to the date for the hearing.
The Town Board, upon appeal, shall deny a license or revoke an issued license on any of the following grounds:
That the use is prohibited by any local or state law, statute, ordinance, rule or regulation or prohibited in the particular location where the use is proposed.
That the applicant has falsified or failed to provide information required in the application for the issuance or amendment of an adult entertainment use license under this chapter.
That an inspection of the premises reveals that any applicable laws, ordinances, codes, rules and regulations pertaining to structural fire and safety requirements have not been complied with.
That any person managing or supervising the applicant's or licensee's business or that any person have a substantial connection with the business or establishment has been convicted of a felony or crime punishable pursuant to §§ 230 through 245 of the New York State Penal Code within a period of two years prior to the date of application.
That any person managing or supervising a licensed adult entertainment use or any person having a substantial connection with such a licensed use has been charged and found guilty of criminal activity.
That the applicant or any person, business or establishment having a substantial connection with the business or establishment for which an application is made has had any license issued under this chapter revoked for cause during the preceding one-year period.
If this license is revoked, the Town Clerk shall notify the licensee in writing by certified mail of the revocation.
Any license issued to operate an adult entertainment use shall expire on the 31st day of December succeeding its date of issue, unless revoked.
A licensee under this chapter shall cause the license for adult entertainment use to be conspicuously displayed in full view of patrons at the location stated in such license.
A valid adult entertainment use license may be renewed for a period of one year at a time by following the license application procedures in § 101-4 above. Such renewal application must be submitted at least 30 days prior to the expiration of the current license and the same shall be granted unless the applicant is found to be in violation of any of the paragraphs or instances set forth in § 101-5 hereof.
No license issued under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued nor shall such license be used or displayed at any location other than the location stated in such license.
All adult entertainment uses licensed under the provisions of this chapter must comply with the applicable laws, regulations and standards imposed by New York State local land use control laws and any conditions imposed by any local governing body, board or agency.
If no other penalty for violation of any part of this chapter or orders issued in compliance with this chapter is provided otherwise by law, a licensee violating such part of this chapter or such orders shall be punishable by a fine of $250 or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation, carrying with it a fine of $50 for each additional day the violation continues.
The continuation of an offense under this chapter, after notice of such, shall constitute, for each day the offense continues, a separate and distinct violation hereunder.
An action or proceeding in the name of the Town of Manchester may be commenced in any court of competent jurisdiction to compel compliance with or to restrain violation of this chapter or orders issued in compliance with this chapter.