[HISTORY: Adopted by the Town Board of the
Town of Thompson 8-19-1997 by L.L.
No. 5-1997 (Ch. 86 of the 2003 Code). Amendments
noted where applicable.]
It is recognized that buildings and establishments
operated as adult uses have serious objectionable operational characteristics
in a community such as ours, which is predominantly residential and
dependent on family tourism. Studies and reports in similar cities
and towns have documented the negative secondary impacts of adult
entertainment establishments. These impacts include exposure of children
and teenagers to graphic sexual images, increased crime, diminishing
property values, adverse effects upon the climate for other types
of commercial activity and negative influences upon community character.
Sexually explicit business signs or displays visible from public streets
are particularly offensive. The Town Board hereby finds that the operational
characteristics of adult uses increase the detrimental impact on a
community when such uses are adjacent to residential districts, schools
or churches. Therefore, in order to promote the health, safety and
general welfare of the residents of the Town of Thompson, this chapter
is intended to restrict adult uses to certain commercial zones to
discourage their proliferation.
A.
General. Unless specifically defined below, words
or phrases used in this chapter shall be interpreted so as to give
them the meanings they have in common usage and to give this chapter
its most reasonable application.
B.
Specific terms. As used in this chapter, the following terms shall have the meanings set forth for each such term in Chapter 250, Zoning and Planned Unit Development, § 250-2, Definitions and word usage: adult bookstore, adult entertainment cabaret, adult theater, adult use, business, dissemination, person, specified anatomical areas, specified sexual activities, substantial connection, and substantial or significant portion.
[Amended 6-1-1999 by L.L. No. 6-1999[1]]
A.
No person shall lease, rent, maintain, operate, use
or allow to be operated or used any business or establishment or any
part thereof which contains an adult use without first complying with
the provisions of this section as set forth below.
[Amended 10-21-2003 by L.L. No. 7-2003]
B.
In addition to any and all other necessary licenses
and permits, no form of adult use shall be allowed to operate or continue
to operate until a certificate of registration shall have been issued
by the Code Enforcement Officer. A certificate of registration shall
be issued upon an application for such certificate which shall have
been filed with the Building Department after a determination shall
have been made that all of the required information has been furnished
to the Town and the location complies with the provisions of this
Code. The application for a certificate of registration shall contain
the following information:
[Amended 8-7-2001 by L.L. No. 10-2001]
(1)
The address of the premises.
(2)
The name and address of the owner(s) of the premises
and the name and address of the beneficial owner(s) if the property
is in a land trust.
(3)
The name of the business or the establishment subject
to the provisions of this chapter.
(4)
The name, business and home addresses and business
or home telephone numbers of all owners of the business or establishment
subject to the provisions of this chapter.
(5)
The names, business and home addresses and business
or home telephone numbers of all those persons having a substantial
connection with the business or establishment subject to the provisions
of this chapter.
(6)
The date of the initiation of the adult use.
(7)
The exact nature of the adult use.
(8)
If the premises or the building in which the business
containing the adult use is located is leased, a copy of the lease
with the amount of rent to be redacted.
(9)
If the owner or operator of the premises is an entity
other than an individual, the applicant shall file for both such owner
and operator a certified copy of the certificate of incorporation
or certificate of authority issued by the state of organization or
other document creating the authority for such person to act and a
certified copy of the certificate of authority to conduct business
in the State of New York if not organized in New York.
(10)
A copy of all other required permits or a list
of such required permits and a statement that such permits have been
applied for by the applicant and copies of such permits will be furnished
to the Town upon issuance of the same.
C.
If there occurs any change in the information required
for the certificate of registration, the Building Department shall
be notified of such change, in writing, and a new or amended certificate
shall be filed within 30 days of such change. If a required permit
(other than a certificate of registration) shall have been suspended
or revoked by an issuing agency, the holder of a certificate of registration
shall give notice of such suspension or revocation together with a
copy of any decision imposing such suspension or revocation to the
Town as soon as such holder shall have knowledge of such suspension
or revocation. Upon receipt of such notice of suspension or revocation,
the Building Department may review such suspension or revocation and
take such action as may be appropriate, including the suspension or
revocation of the certificate of registration. The Building Department
shall conduct a hearing if requested within 10 days following an order
of suspension or revocation of a certificate of registration.
[Amended 8-7-2001 by L.L. No. 10-2001]
D.
The processing fee for each certificate of registration or amendment thereto shall be set forth from time to time by resolution of the Town Board. Such certificate of registration shall be effective concurrently with the special use permit issued annually as provided in Chapter 250, Zoning and Planned Unit Development, § 250-54, and the processing fee provided in this section shall be an annual charge.
[Amended 8-7-2001 by L.L. No. 10-2001]
E.
No certificate of registration issued under the provisions
of this section shall be transferable to any person other than the
registrant, nor shall a certificate of registration be transferable
for use at any premises, building or location other than that stated
in the certificate of registration.
F.
The owner, manager or agent of any adult use shall
cause a copy of the certificate of registration issued under the provisions
of this section to be prominently displayed on the premises, building
or location for which it is issued.
G.
Any knowingly false statement or any statement which
the registrant or applicant should reasonably have known to be false
which is provided in the certificate of registration or any document
or information supplied therewith shall be grounds for rejection,
suspension or revocation of the certificate of registration.
H.
It is a violation of this chapter for the owner or
person in control of any property to establish or operate thereon
or to permit any person to establish or operate an adult use without
having in force a certificate of registration complying with this
section.
[Added 6-1-1999 by L.L. No. 6-1999; amended 10-21-2003 by L.L. No. 7-2003]
No person shall erect, maintain or display any sign advertising an adult use as herein defined without first having and maintaining a registration certificate and a special use permit as provided in Chapter 250, Zoning and Planned Unit Development, § 250-54A of this Code. Within 30 days following the termination, revocation or other cessation of any adult use business activity, the permit holder shall remove any such sign advertising such adult use. All signs shall be approved in accordance with the provisions of Chapter 250 of this Code.
