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.
BUSINESS
Any person, firm, association, partnership, corporation or other
entity for profit.
DISSEMINATION
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.
MASSAGE
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.
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.