[HISTORY: Adopted by the Town Board of the
Town of Wales 10-1-1996 by L.L. No. 4-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
[1]
Editor's Note: This local law also provided
for the repeal of L.L. No. 2-1996, which imposed a moratorium on the
establishment of adult entertainment establishments within the Town.
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 Wales and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the Town
of Wales. 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 phases used in this chapter
are defined as follows:
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, or 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.
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:
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, videocassettes or video
reproduction, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas.
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.
A nightclub, bar, restaurant 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; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified anatomical areas or specified
sexual activities.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmission, films, motion pictures, videocassettes, 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
Offers sleeping rooms for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
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 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.
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.
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.
Any of the following:
The opening or commencement of any sexually
oriented business as a new business.
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business.
The additions of any sexually oriented business
to any other existing sexually oriented business.
The relocation of any sexually oriented business.
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.
The appearance of a human bare buttocks, anus, genitals,
or full female breast.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areolae of the female breast, as well
as portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
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.
The male genitals and/or the female genitals.
Any of the following:
See "nudity."
The increase in floor area occupied by a sexually oriented
business by more than 25% of the floor area as it exists on the effective
date of this chapter.
Means and includes any of the following:
The sale, lease or sublease of a sexually oriented
business.
The transfer of securities which constitute
a controlling interest in a sexually oriented business, whether by
sale, exchange, or similar means.
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 may be permitted in any M-Manufacturing District, as defined in § 200-30, upon issuance of a special permit by the Wales Town Board, pursuant to § 200-31, and shall also be subject to the following regulations:
B.
An adult use may not be operated within 1,500 feet
of another adult use or on the same lot or parcel of land as another
adult use.
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 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 purpose 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.
A.
A person may operate an adult use business only within the M-Manufacturing District in the Town of Wales in accordance with the provisions of this chapter and Chapter 200, Zoning, of the Code of the Town of Wales.
B.
Prior to the commencement of any adult use business
or upon any transfer of ownership or control, the premises must be
inspected and found to be in compliance with all laws, ordinances,
rules and regulations applicable to the use and occupancy for an adult
use business and compliance with this chapter.
C.
All code enforcement officials, including the Town
Code Enforcement Officer and Town Fire Marshal, shall complete their
certification that the premises is in compliance, or not in compliance,
within 20 days of the inspection of the premises by such officials.
D.
Any owner and/or operator, employee of the owner and/or
operator or agent of the owner/operator shall permit representatives
of the Erie County Sheriff's Department, New York State Police, County
or State Health Department, Town Fire Marshal or Town Building Inspector,
or other Town, county or state departments or agencies that have permitting
authority regarding the use and/or premises, to inspect the premises
of an adult use business for the purpose of ensuring compliance with
this chapter, at any time it is occupied or open for 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 in this chapter;
C.
Allowed gambling to occur on the adult use business
premises;
D.
Allowed the possession, use or sale of a controlled
substance to occur on the premises;
E.
Allowed prostitution to occur on the premises; and/or
F.
Allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation or other sexual conduct to occur on the premises.
A.
Any person, firm, corporation or entity found to be
violating any provisions of this chapter shall be served with a written
notice by the Building Inspector or his designee, stating the nature
of the violation and providing for immediate correction thereof. Such
notice shall be served by one of the following methods:
(1)
By personal service.
(2)
By certified mail, return receipt requested, addressed
to his or their last known address as shown on the latest completed
assessment roll of the Town of Wales.
(3)
By posting of such notice in a conspicuous place upon
the premises affected and a copy thereof mailed, addressed to his
or their last known address as shown on the latest completed assessment
roll of the Town of Wales.
B.
Any person, firm, corporation or entity who shall
violate any portion of this chapter shall be guilty of a violation
and, upon conviction thereof, shall be fined in an amount not to exceed
$500 for each violation. The continuation of a violation of the provisions
of this chapter shall constitute, for each day the violation is continued,
a separate and distinct offense hereunder.
C.
The owner and/or any occupant and/or any tenant and/or
general agent of a building, premises or part thereof where such a
violation has been committed or does exist shall be guilty of such
an offense.
D.
Any person, firm, corporation or entity violating
any of the provisions of this chapter shall become liable to the Town
for any expense or loss or damage occasioned the Town by reason of
such violation.
