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.
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.
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.