The purpose and intent of this chapter is to protect and preserve the
health, safety, morals and welfare of the residents of the Village of Hudson
Falls and establish reasonable and suitable regulations for the location and
use of sexually oriented businesses in the Village. The further purpose of
this chapter is to prevent, to the extent possible, the secondary effects
that such businesses may cause, such as noise, crime and litter, in areas
or neighborhoods near sexually oriented businesses.
As used in this chapter, the following terms shall have the meanings
indicated:
SEXUALLY ORIENTED BUSINESS
Any business, including any club, nightclub, tavern, bar, restaurant,
cabaret, motel, hotel, theater, gathering hall, arcade, store or any similar
commercial establishment, that offers any live performances (including dance,
display or exhibition), films, motion pictures, video cassettes, slides or
other photographic reproduction in which a person of any age appears or performs
in a state of partial or and/or full nudity or conducts any activity which
is pornographic in nature and content, meaning the conduct depicts, describes
or represents, in a patently offensive manner, sexual conduct or otherwise
appeals to the prurient interest. Nothing in this definition or local law
shall require a license for the display or sale of magazines or written or
photographic materials which depict person(s) in a state of partial or full
nudity or are otherwise pornographic in nature in any convenient store, such
as a food store or gas station or other similar establishment, provided that
the materials are covered or are out of direct public view and the display
or sale of such materials is secondary to the primary business purpose.
[Amended 5-14-2001 by L.L. No. 5-2001]
It shall be unlawful for any person or entity to operate, establish
or maintain any sexually oriented business in any Residence District Class
A, Residence District Class B, Residence District Class C or within 500 feet
of a church, public or private elementary or secondary school, a public park
or playground, a day-care facility, nursery school or the district line of
any Residence District Class A, Residence District Class B, Residence District
Class C or any other sexually oriented business.
A sexually oriented business that sells or rents films, motion pictures,
video cassettes or slides must have at least 80% of its inventory dedicated
to nonsexually oriented or nonpornographic materials and must dedicate a separate
enclosed space out of direct public view for the display of any such films,
motion pictures, video cassettes or slides.
A license issued pursuant to this chapter may not be transferred to
any other individual or entity. The licensee shall not be allowed to operate
the licensed sexually oriented business at any other location other than the
address designated in the application.
A sexually oriented business license shall be revoked upon a finding
by the Zoning Board of Appeals that any of the following has occurred, which
conduct shall also constitute a violation of this chapter:
A. The licensee has knowingly allowed possession, use or
sale of controlled substances at the premises.
B. The licensee has knowingly allowed prostitution on the
premises.
C. The licensee provided false or misleading information
during the application process.
D. The licensee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or other sex acts to occur
in or on the premises.
E. The licensee has knowingly allowed any person under the
age of 18 years to enter, occupy or work at the sexually oriented business.
An applicant or licensee shall permit authorized representatives of
the Village, including the Village Police Department and Building Inspector/Code
Enforcement Officer, to inspect the premises for the purpose of ensuring compliance
with this chapter at any time during operating hours of the business.
[Amended 10-12-2004 by L.L. No. 6-2004]
Any person convicted of violating this chapter shall be subject to a
fine not exceeding $250 or imprisonment for a period not exceeding 15 days,
or both, for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of three years, punishable by
a fine of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 30 days, or both; and upon conviction for a third offense or
subsequent offense, all of which were committed within a period of five years,
punishable by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days, or both. Each day which the violation(s)
continues shall be a separate offense.
Any sexually oriented business lawfully existing and operating as of
the effective date of this chapter shall be exempt from this chapter.
Should any section or provision of this chapter be deemed to be unconstitutional
or invalid by a court of law, such decision shall not affect the validity
of this chapter as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
This chapter shall become effective upon filing with the Secretary of
State.