Town of Walworth, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Walworth 3-20-2003 by L.L. No. 2-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 180.
[1]
Editor's Note: This local law was originally adopted as Ch. 4, but was redesignated to maintain the organizational structure of the Code. This chapter was subsequently redesignated as Ch. 52 on 7-17-2003 by L.L. No. 3-2003.
The Town of Walworth, New York has determined that certain regulations in the field of public entertainment are needed and are necessary in order to promote the general good, health and welfare of its citizens, including the children of the community. The Town of Walworth therefore invokes the privilege and authority given to it under the provisions of the Penal Law of the State of New York and the general powers granted to said Town.
A. 
It shall be unlawful for any female person to appear, work, entertain, act or display herself in any cabaret, dance hall, bar, tavern, lounge, discotheque, restaurant or any other public place in the Town of Walworth, New York, clothed or costumed in such a manner that a portion of her breast below the top of the areola is not covered with a full opaque covering or in such a manner that her genitals, pubic area or buttocks are not covered with a fully opaque covering.
B. 
It shall be unlawful for any male to appear, work, entertain, act or display himself in any cabaret, dance hall, bar, tavern, lounge, discotheque, restaurant or any other public place in the Town of Walworth, New York, clothed or costumed in such a manner that his genitals, pubic area or buttocks are not covered with a fully opaque covering.
C. 
It shall be unlawful for any person to knowingly conduct, maintain, own, lease, manage, operate or furnish any cabaret, dance hall, bar, tavern, lounge, discotheque, restaurant or any other public place in the Town of Walworth, New York, where a female or male person is not clothed, costumed or covered as required by Subsections A and B of this section.
This chapter shall be known as the "Adult Use Business Regulations Law of the Town of Walworth."
Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as documented in accordance with the ruling of the United States Supreme Court in the matter of the City of Renton v. Playtime Theaters, Inc. [475 U.S. 41(1986)] and commissioned by the Town Board of the Town of Walworth, the Town of Walworth finds that:
A. 
There are adverse secondary impacts associated with the establishment and operation of adult-oriented businesses within a community;
B. 
Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, an adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illegal sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community;
C. 
These adverse secondary impacts of the establishment and operation of adult-oriented businesses are a threat to the general health, safety and economic viability of the community;
D. 
The unregulated establishment and operation of adult-oriented businesses would lead to the widespread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values and quality of life of the Town and would therefore be detrimental to the general health, safety and economic viability of the community;
E. 
The United States Constitution and the Constitution and laws of the State of New York grant to the Town of Walworth the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.
A. 
It is the express intent of the Town of Walworth in adopting this chapter to:
(1) 
Ameliorate, mitigate, reduce or prevent the widespread and unregulated imposition of the adverse secondary impacts of adult-oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community;
(2) 
Protect the right of the free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
B. 
It is not the intent of the Town of Walworth in adopting this chapter to:
(1) 
Deny any person the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses; or
(2) 
Impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Town under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult-oriented businesses; or
(3) 
Impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses, beyond those granted to the Town under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or
(4) 
Estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult-oriented businesses.
C. 
Aware that, according to numerous decisions by both federal courts and state courts of the State of New York, the regulation of the location of adult businesses must be based upon a finding of the adverse secondary impacts of these businesses upon the community and must be directed solely toward the mitigation of these impacts, not be directed toward any form of speech or expression, be no broader than necessary and must provide alternative locations within the Town for adult use businesses, the Town of Walworth hereby adopts the following amendment to its Code.
[Amended 7-17-2003 by L.L. No. 3-2003]
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below.
ADULT CABARET
An establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
ADULT DRIVE-IN THEATER
A drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below for the observation of patrons therein.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished, characterized or relating to "specific sexual activities" or "specific anatomical areas" as defined below for the observation of patrons therein.
ADULT MOTION-PICTURE THEATER
A building with a capacity of 50 persons or more used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below for the observation of patrons therein.
ADULT PHYSICAL CONTACT ESTABLISHMENT
Any establishment, which offers or purports to offer, massages or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this chapter.
ADULT USE BUSINESS
Any business which:
A. 
Is the use of land, structures or location for an "adult entertainment business" or as an "adult physical contact establishment" as herein defined; and
B. 
Is any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors; and
C. 
Is an establishment, location, building or structure, which features topless dancers, nude dancers or strippers, male or female; and
D. 
Is a location, building or structure used for presenting, lending or selling motion-picture films, video cassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis of matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock-in-trade video films, video cassettes or other films for sale or rental which arc distinguished or characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below.
SPECIFIC SEXUAL ACTIVITIES and SPECIFIC ANATOMICAL AREAS
Activities which show, demonstrate or where one performs:
A. 
Human genitals in a state of sexual stimulation or arousal; or
B. 
Acts of human masturbation, sexual intercourse or sodomy; or
C. 
Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast; or
D. 
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or
E. 
Human male genitals in a discernible turgid state, even if completely or opaquely covered.
A. 
An overlay district is hereby established for adult use businesses within that portion of the I Industrial District as shown on the Walworth Zoning Map and shall be known as the "Adult Use Business Overlay District."[1] All zoning requirements of the I Industrial District, which are not superseded herein, shall apply to the Adult Use Business Overlay District.
[1]
Editor's Note: See also § 180-6, Zoning Map.
B. 
The boundaries of the overlay district known as the "Adult Use Business Overlay District" are superimposed over those portions of the I Industrial District described as an area containing the following parcels of land within the following tax account numbers: the south part of a parcel of land now owned by Dolomite Products Company, Inc., tax account No. 62115-00-454823, on the north, by a line running in a westerly direction at a 90° angle where the south line of a parcel of land owned or formerly owned by Sidney K. and Evelyn P. Schoenwald, tax account No. 62115-00-274918 intersects with the east line of a parcel of land owned or formerly owned by Dolomite Products Company, Inc., tax account No. 62115-00-454823 to the east line of said parcel of land owned or formerly owned by Dolomite Products Company, Inc. and on the south, by the south line of the said parcel of land owned or formerly owned by Dolomite Products Company, Inc. and also a parcel of land owned or formerly owned by Dolomite Products Company, Inc., tax account No. 62115-00-500574.
A. 
No adult entertainment business shall be established within 500 feet of any of the following:
(1) 
Public or private school.
(2) 
Church or other house of worship.
(3) 
Nursery school or preschool.
(4) 
Public library.
(5) 
Public park, playground or forest preserve.
(6) 
Public recreation or community center.
(7) 
Senior center.
(8) 
A fire station or ambulance/emergency response facility.
B. 
No adult entertainment business shall be established within 300 feet of any residential dwelling.
C. 
No sale of alcoholic beverages of any kind or nature shall be permitted within this overlay district and notwithstanding any other provision in Chapter 180, no sale of alcoholic beverages of any kind or nature shall be permitted within 1,225 feet of any adult business established within this overlay district.
D. 
Any private booths or areas within such adult use business, either for the viewing of motion pictures or live performances, shall be subject to the following requirements:
(1) 
Any and all such booths, cubicles, studios, studies and rooms for the private viewing of adult motion-pictures and/or live performances or areas shall be open to public view from the common areas of the establishment and that there not be any doors, curtains, blinds or other structures or devices that shall obstruct observation of the viewing areas from the common area of the establishment.
(2) 
That such private viewing areas shall be well-lighted and readily accessible at all times and shall continuously be open to view.
(3) 
Lighting throughout the adult establishment shall be sufficient to illuminate every area which patrons are permitted access.
E. 
Adult use businesses shall be conducted in an enclosed building. It shall be a violation to display or exhibit in the open air (outside of the establishment), through a window or by means of a depiction or decoration, or to allow to be displayed or exhibited any specific anatomical areas or specific sexual activities.
F. 
The exterior appearance of any building containing an adult use business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
G. 
Adult use businesses shall conform to all existing applicable sign regulations in addition to the following specific requirements:
(1) 
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
(2) 
Exterior signs, displays or other advertisements which contain nude, seminude or provocative pictures or silhouettes shall be prohibited.
(3) 
Interior signs, displays, posters or other advertisements which contain nude, seminude or provocative pictures shall be located a minimum of six feet from any window or door and shall not be visible from the exterior of the establishment.
(4) 
Permanent and/or temporary window and door signs shall not occupy more than 20% of each window or door.
H. 
Adult use businesses shall be required to meet all design standards, construction specifications and site plan requirements as required by the laws, rules and regulations of the Town of Walworth and shall operate the business in compliance with such laws and the laws, rules and regulations of the State of New York.
I. 
Adult use businesses located within the overlay district shall be:
(1) 
Subject to the hours of operation set forth in § 180-13F of this Code;
(2) 
Subject to the minimal dimensional requirements as set forth in § 180-14 of this Code pertaining to building height limit; required lot size; percentage of lot coverage; yards required (front, side and rear); landscaping; parking and signs and in regard to signs, the use thereof shall be further restricted by the provisions of § 180-40; and
(3) 
Shall be buffered from neighboring property by berms, screen plantings and ground cover to provide a visual and sound buffer between the adult use business and properties contiguous to the sides and rear.
A. 
Violations and penalties for offenses. A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. However, for the purposes of conferring jurisdictions on court and judicial officers, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of the law relating to misdemeanors shall apply to such violation. Each day's continued violation shall constitute a separate violation.
B. 
Injunctive relief. In case of any violation of this chapter, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceeding to prevent further violations of this chapter or to prevent any illegal act or conduct.