[HISTORY: Adopted by the Town Board of the Town of Warwick 2-14-1979
by L.L. No. 1-1979 (Ch. 18 of the 1973 Municipal Code). Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment, whether retail or wholesale, having as a substantial
portion of its stock-in-trade sexual devices, books, magazines, other periodicals,
films and other viewing materials, both audio and visual, which are distinguished
or characterized by their emphasis on matter depicting, describing or relating
to specified sexual activities, sexual conduct or specified anatomical areas,
or an establishment with an entire or specific segment or section devoted
to the sale or display of such material.
Any building or area used for presenting any plays, shadow plays,
skits, pantomimes or other actions which are characterized by an emphasis
on matter depicting or describing or simulating or related to specified sexual
activities, sexual conduct or specified anatomical areas for observation by
patrons therein.
A building used for presenting films which are distributed in forms
of less than thirty-five-millimeter distribution standards, which films are
characterized by an emphasis on matter depicting or describing or related
to specified sexual activities, sexual conduct or specified anatomical areas
for observation by patrons therein.
Human masturbation, sexual intercourse or any touching of the genitals,
pubic areas or buttocks of the human male or female or the breasts of the
female, whether alone or between members of the same or opposite sex or between
humans and animals, in an act of actual or apparent sexual activity, sexual
stimulation or sexual gratification.
[Amended 6-23-1988 by L.L.
No. 1-1988]
In addition to the requirements of the Zoning Ordinance[1] and the Code of the Town of Warwick, all adult bookstores, adult
motion-picture theaters and adult live theaters shall be bound by the following
regulations:
A.
Any such bookstore or theater may only be located in
a manufacturing zone, but shall not be located within 1,000 feet of any church
property, residential property, school property, park property or within that
distance from Town property.
B.
There shall be no exposure of the interior of such bookstore
or theater to the outside and no outside displays.
C.
The legal age for admittance to such a bookstore or theater
is 18 years of age.
D.
All such bookstores or theaters are required to furnish
five parking spaces for each 100 square feet of floor space in the store or
theater.
E.
Any such bookstore or theater shall be located in a one-floor
building with a minimum of 2,000 square feet and a maximum of 5,000 square
feet.
F.
Any such bookstores or theaters are hereby deemed to
be special uses subject to approval by the Planning Board.
[Amended 6-23-1988 by L.L.
No. 1-1988]
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such fine and
imprisonment. The continuation of an offense against the provisions of this
chapter shall constitute, for each day the offense is continued, a separate
and distinct offense.
