[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport 2-9-2000
by L.L. No. 2-2000. Amendments noted where applicable.]
This chapter shall provide for the promotion and protection of the health,
safety and welfare of the people of the Village of Weedsport by restricting
adult entertainment within the Village of Weedsport.
As used in this chapter, the following terms shall have the meanings
indicated:
Adult arcades where, for any form of consideration, one or more motion
picture projectors, slide projectors or similar machines, for viewing by five
or fewer persons each, are used to show films, motion pictures, video cassettes,
slides or other photographic reproductions, which are characterized by emphasis
upon the depiction or description of specified sexual activities or specified
anatomical areas.
Adult bookstores which have as a substantial (50% or greater) portion
of their stock-in-trade and offer for sale, for any consideration, any one
or more of the following:
Books, magazines, periodicals, or other printed matter or photographs,
films, motion pictures, video cassettes, slides or other visual representations
which are characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for use in
connection with specified sexual activities.
Adult cabarets meaning any nightclub, bar, restaurant, or similar establishment
which regularly features live performances characterized by exposure of specified
anatomical areas or by specified sexual activities or films, motion pictures,
video cassettes, slides or other photographic reproductions characterized
by emphasis upon the depiction or description of specified sexual activities
or specified anatomical areas.
Adult motion picture theater where, for any form of consideration, films,
motion pictures, video cassettes, slides or other photographic reproductions
are shown and in which a substantial portion of the total presentation time
is devoted to the showing of material characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical
areas.
Adult theater, meaning a theater, concert hall, auditorium, or similar
establishment which, for any form of consideration, regularly features live
performances characterized by the exposure of specified sexual activities
or specified anatomical areas.
Massage parlor where, for any form of consideration, massage, alcohol
rub fomentation, electric or magnetic treatment or manipulation of the human
body is administered, unless by a medical practitioner, chiropractor, acupuncturist,
physical therapist, massage therapist or similar professional person licensed
by the State of New York. This definition shall not be deemed to include an
athletic club, health club, school gymnasium, reducing salon, spa or similar
establishment where massage or similar manipulation of the human body is offered
as an incidental accessory service.
A.
Adult entertainment businesses are prohibited within:
(1)
Five hundred feet of any residential zoning district
or any single-family, two-family or multiple-family dwelling, including structures
devoted to both residential and commercial or business purposes;
(2)
Five hundred feet of any public or private school;
(3)
Five hundred feet of any church or religious facility
and/or institution;
(4)
Five hundred feet of any public park.
B.
The distance provided hereinabove shall be measured by
following a straight line, without regard to intervening buildings, from the
nearest point of the property parcel upon which the adult entertainment business
is said to be located to the nearest point of the parcel of property or the
land use district boundary line from which the adult entertainment business
is to be separated.
The provisions of this chapter shall not apply to any theater, concert
hall or similar establishment which is primarily devoted to theatrical performances.
The Village of Weedsport may maintain an action or special proceeding
for an injunction or other equitable relief to compel compliance with or to
restrain the violation of this chapter. The use of any remedy shall not prevent
the use of any other remedy hereunder. The listing of remedies herein shall
not deprive the Village of Weedsport of the use of any other remedies provided
by other provisions of law.
