It is the purpose of this chapter to regulate
sexually oriented businesses, to promote the health, safety, morals,
and general welfare of the citizens of the Town of Rush, and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the Town
of Rush. The provisions of this chapter have neither the purpose nor
effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly,
it is not the intent nor effect of this chapter to restrict or deny
access by adults to sexually oriented materials protected by the First
Amendment to the Constitution of the United States, or to deny access
by distributors and exhibitors of sexually oriented entertainment
to their intended market. Neither is it the intent nor effect of this
chapter to condone or legitimize the distribution of obscene materials.
The following words or phrases used in this
chapter are defined as follows:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still- or motion-picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
A.
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes or
video reproduction, slides, or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or
B.
Instruments, devices, or paraphernalia which
are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified, sexual activities or specified anatomical
areas and still be defined as an adult bookstore so long as one of
its principal business purposes is the offering for sale or rental
for consideration of the specified materials which depict or describe
specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity; or
B.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
C.
Films, motion pictures, video cassettes, slides,
or other photographic reproductions which are characterized by the
depiction or description of specified anatomical areas or specified
sexual activities.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides, or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right of way which advertises
the availability of this adult-type of photographic reproductions;
or
B.
Offers sleeping rooms for rent for a period
of time that is less than 10 hours; or
C.
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
ADULT USES
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies, nude model studios and sexual encounter centers.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
ESTABLISHMENT
Any of the following:
A.
The opening or commencement of any sexually
oriented business as a new business;
B.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
C.
The additions of any sexually oriented business
to any other existing sexually oriented business; or
D.
The relocation of any sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration.
NUDITY
The appearance of a human bare buttocks, anus, genitals,
or full female breast.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
B.
Activities between male and female persons and/or
persons of the same sex when one or more of the persons is in a state
of nudity or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts;
B.
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A,
B and
C above.
SUBSTANTIAL ENLARGEMENT
The increase in floor areas occupied by a sexually oriented
business by more than 25% of the floor areas as it exists on the effective
date of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL
Means and includes any of the following:
A.
The sale, lease, or sublease of a sexually oriented
business;
B.
The transfer of securities which constitute
a controlling interest in a sexually oriented business, whether by
sale, exchange, or similar means; or
C.
The establishment of a trust, gift, or other
similar legal device which transfers the ownership or control of a
sexually oriented business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership
or control.
Adult uses shall be a conditional use in any Limited Industrial District, shall require issuance of a special permit by the Planning Board pursuant to §
120-69 of Chapter
120, Zoning, and shall also be subject to the following regulations:
A. An adult use may not be operated within 1,000 feet
of:
(1) A church, synagogue or regular place of worship;
(2) A public or private elementary, secondary school or
licensed child day-care center;
(3) A boundary of any residence or residential zoning
district; or
B. An adult use may not be operated within 1,000 feet
of another adult use, or the same lot or parcel of land.
C. An adult use may not be operated in the same building,
structure, or portion thereof containing another adult use.
D. For the purposes of this chapter, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as part of the premises where an adult use is conducted, to the
nearest property line of the premises of a church or public or private
elementary, secondary school or licensed child day-care center, or
to the nearest boundary of an affected public park, residential district,
or residential lot.
E. For the purposes of this chapter, the distance between
any two adult uses shall be measured in a straight line, without regard
to intervening structures or objects, from the closest exterior wall
of the structure in which each business is located.
F. All adult uses shall be conducted in an enclosed building.
Regardless of location or distance, no one who is passing by an enclosed
building having a use governed by this chapter shall be able to visually
see any specified anatomical area or any specified sexual activity
by virtue of any display which depicts or shows said area or activity.
This requirement shall apply to any display, decoration, sign, window
or other opening.
An adult use business lawfully operating as
a conforming use is not rendered a nonconforming use by the location,
subsequent to the operation of the adult use business, of a church,
public or private elementary or secondary school, public park, residential
zoning district, or a residential lot within 1,000 feet of the adult
use business.
It shall be deemed a violation of this chapter
if the owner and/or operator, an employee of the owner and/or operator
or an agent of the owner/operator has:
A. Violated or is not in compliance with any section
of this chapter;
B. Refused to allow an inspection of the adult use business
premises as authorized by this chapter;
C. Allowed gambling occur on the adult use business premises;
D. Allowed the possession, use of sale of a controlled
substance occur on the premises;
E. Allowed prostitution occur on the premises;
F. Allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation, or other sexual conduct to occur on the
premises.
Any violation of this chapter shall be deemed
an offense punishable by a maximum fine of $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
Each day a violation occurs shall constitute a separate violation.