[HISTORY: Adopted by Common Council of City of North Tonawanda 3-16-1982. Amendments noted where applicable.]
Zoning — See Ch. 103.
It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the City of North Tonawanda, this ordinance is intended to restrict adult uses to nonresidential and nonbusiness areas of the city. The Common Council hereby finds that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated; therefore, this ordinance is intended to promote the health, safety and general welfare of the residents of the City of North Tonawanda by regulating the concentration of such uses.
General. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
Specific terms. As used in this ordinance, the following terms shall have the meanings indicated:
- ADULT BOOKSTORE
- An establishment or business, whether retail or wholesale, having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films and viewing materials for sale or viewing on premises, by use of motion-picture devices or any coin-operated means, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment or business containing a segment or section devoted to the sale or display of such material.
- ADULT ENTERTAINMENT CABARET
- A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.
- ADULT MASSAGE PARLOR
- A public or private establishment or business which is used
for the provision of the service of stroking, kneading, tapping or
vibrating the human body with the hands or other devices, with or
without the aid of oils or other lubricants, including but not limited
to an establishment or business where massages, body rubs, sports
rubs, hot oil body rubs or similar services are administered, except
by those licensed to perform said activity under Education Law § 7802.[Added 8-20-1996]
- ADULT MINI-MOTION-PICTURE THEATER
- An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
- ADULT MOTION-PICTURE THEATER
- An enclosed or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
- ADULT USE
- Any establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including but not limited to adult bookstores,
adult motion-picture theaters, adult entertainment cabarets and adult
mini-motion-picture theaters. Furthermore, for purposes of this ordinance
an adult massage parlor, private modeling establishment and steam
bath establishment shall be considered to be an "adult use" covered
by this ordinance.[Amended 8-20-1996]
- Any commercial enterprise, association or arrangement for profit.
- The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
- Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
- PRIVATE MODELING ESTABLISHMENT
- Any establishment having a fixed place of business which
has as its principal use or as an accessory use a service of modeling
lingerie or similar clothing to an individual in a private room.[Added 8-20-1996]
- STEAM BATH ESTABLISHMENT
- Any establishment which provides steam baths, hot tubs (whirlpools),
saunas and similar facilities. This definition shall not be construed
to include health clubs which have facilities for physical exercise,
such as tennis courts, racquetball courts or exercise rooms, and which
have hot tubs (whirlpools), steambaths and/or saunas that are accessory
to the health clubs or those bona fide medical or health service establishments
which have as an accessory use steam baths, hot tubs (whirlpools)
or saunas for use in medical therapy.[Added 8-20-1996]
- (1) In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
- (2) In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.
- (3) In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.
- (4) Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.
In addition to the requirements of the Zoning Ordinance of the City of North Tonawanda, adult uses shall be permitted subject to the following restrictions:
No adult use shall be allowed within 500 feet of another existing adult use.
No adult use shall be located within 500 feet of the boundaries of any zoning district which is zoned for residential use or commercial district.
No adult use shall be located within 2,000 feet of a preexisting school, place of worship, day-care center, park or playground.
No adult use shall be located in any zoning district, except those districts zoned for WD-1 Waterfront District. No more than one of the uses governed by these provisions shall be permitted on any single lot in the City of North Tonawanda.
This ordinance shall not apply to any establishments existing on the effective date of said ordinance.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.
No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part thereof which contains an adult use, without first complying with the provisions of this section as set forth below.
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate nor allowed to continue to operate, until a certificate of registration is filed with the the City Clerk containing:
The address of the premises.
The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.
The name of the business or the establishment subject to the provisions of this ordinance.
The name, business and home address, business or home phone numbers of all owners of the business or establishment subject to the provisions of this ordinance.
The names, business and home addresses, business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this ordinance.
The date of the initiation of the adult use.
The exact nature of the adult use.
If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.
If there occurs any change in the information required for the certificate of registration, the City Clerk shall be notified of such change, and a new or amended certificate filed within 30 days of such change.
The processing fee for each certificate of registration or amendment thereto shall be $1,000. Such certificate of registration shall be effective concurrently with the special use permit issued annually as provided in § 9A-6, and the processing fee provided in this section shall be an annual charge.
No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than that stated in the certificate of registration.
The owner, manager or agent of any adult use shall cause a copy of the certificate or registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.
Any knowingly false statement, or any statement which the registrant or applicant should reasonably have known to be false, which is provided in the certificate of registration or any document or information supplied therewith shall be grounds for rejection, suspension or revocation of the certificate of registration.
It is a violation of this ordinance for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration complying with this section.
No use as described in this ordinance shall be established until the issuance of an annual special use permit by the City Clerk. Application for such a special use permit shall be in conformity with this ordinance and as provided for herein. The application shall be, in writing, to the City Clerk and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed and such additional information as shall be required by the City Clerk. The City Clerk shall call a public hearing for the purpose of considering the request for each and every special use permit. At least 10 days' notice of the time and place of the public hearing shall be given by the publication of a notice in a newspaper of general circulation in the City of North Tonawanda, indicating the general nature of the public hearing and the fact that those persons interested therein may be heard at the time and place of such hearing.
A special use permit issued under the provisions of this section shall not be transferable.
If any clause, sentence, paragraph or part of this ordinance or application thereof to any person or circumstance shall be adjudged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.
These ordinance amendments shall take effect upon approval by the Common Council and publication in the official newspaper of the city.