A.
No person shall operate a sexually oriented business within the Town of Wallkill without obtaining a license therefor, whether or not said business is a preexisting nonconforming use under this Chapter 59.
B.
The Town Board shall have the following functions,
powers and duties:
(1)
After a public hearing, to issue or refuse to issue
an initial license provided for in this article and to issue or refuse
to issue a renewal license provided for in this article.
(2)
To revoke, cancel or suspend any license provided
for in this article and/or to impose a civil penalty hereinafter described
against a licensee, for cause and after hearing.
(3)
To inspect or provide for the inspection of any premises
upon which a sexually oriented business is operated by the Code Enforcement
Officer/Building Inspector of the Town of Wallkill and his or her
designees, agents and assigns.
(4)
To make such investigations as may be required to
determine factual and background information in connection with an
application for an initial or renewal license, or during the period
of a license. The Town Board may delegate, by resolution, this function/power/duty
to the Chief of Police, the Code Enforcement Officer/Building Inspector,
or any other officer or employee of the Town of Wallkill and their
respective designees, agents and assigns.
(5)
To prescribe forms of applications for initial and
renewal licenses under this article and of all reports which it deems
necessary to be made by any licensee.
A.
Any person may apply to the Town Board for a license
to operate a sexually oriented business for a specific premises located
within the Town of Wallkill or for a renewal thereof.
B.
Such license shall contain a description of the licensed
premises and in form and substance shall be a license to the person
therein specifically designated to operate a sexually oriented business
on the premises therein specifically licensed.
C.
Such license shall be valid for a period of one year
from the date it is issued.
D.
The annual license fee shall be per a schedule to
be enacted by resolution of the Town Board, as amended by resolution
from time to time.
E.
No person shall be granted a license under this article
for any premises which are located within a distance of 1,500 feet
of any sensitive land use area; or within 1,500 feet of another existing
adult entertainment use.
F.
No license shall be granted under this article to
the following persons:
(1)
A person who is under 18 years of age.
(2)
A person who has been convicted of a felony.
(3)
A person who is not a citizen of the United States
nor an alien not lawfully admitted for permanent residence in the
United States.
(4)
A partnership or corporation, unless each member of
the partnership, or each of the principal officers and directors of
the corporation, is a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States, is not under
18 years of age and has not been convicted of a felony.
(5)
A person who has been convicted of any violation of
this article or who shall have had any license issued under this article
revoked for cause, until the expiration of two years from the date
of such conviction or revocation.
(6)
A partnership or corporation, if any partner, officer
or director has been convicted of a violation of this article or shall
have had any license revoked for cause, until the expiration of two
years from the date of such conviction or revocation.
G.
No license shall be granted for any premises unless
the applicant shall be the owner thereof, or shall be in possession
of said premises under a lease, in writing, for a term not less than
the license period.
A.
Such application shall be in writing and verified
and shall contain such information as the Town Board shall require
and be submitted on forms provided for that purpose by the Town Board.
B.
Such application shall be accompanied by a certified
check, bank officer's check or draft or money order for the amount
required by this article for such license and the application filing
fee. In case of applications for renewals, the Town Board may dispense
with such information as it deems unnecessary in view of the information
contained in the application made for the initial license.
C.
The amount of the application filing fee for an initial
license or a renewal license shall be determined by the Town Board
by resolution.
D.
The application for an initial license or a renewal
license must be filed with the Town Clerk.
E.
Within 15 days after the Town Clerk's receipt of said
application, the Town Board shall cause a review of the application;
once a review and investigation of the application is completed, the
Town Board shall designate a date upon which it will hold a public
hearing for the purpose of hearing all interested persons and to determine
whether to grant or deny said license application.
F.
Said public hearing shall be held not more than 45
days after the meeting of the Town Board at which the date therefor
was designated.
(1)
Notice of said public hearing shall be published in
the official newspapers of the Town not less than 15 days prior to
the date upon which said public hearing is noticed to be held.
(2)
The notice shall also be sent, by the applicant, to the owners of all properties within 1,500 feet of the lot line perimeter of the premises on which the proposed sexually oriented business is to be conducted, as described in Article II of this Chapter 59.
(a)
Said notice is to be sent by the applicant by
certified mail, return receipt requested, not later than 21 days prior
to the date upon which said public hearing is noticed to be held.
(b)
The applicant shall deliver to the Town Clerk
a certificate of mailing with respect to the mailing of notice pursuant
to this section, not later than 15 days prior to the date upon which
said public hearing is noticed to be held.
G.
Not more than 60 days following the date of the closing
of said public hearing, the Town Board shall decide to grant or to
deny the application.
(1)
The decision of the Town Board shall be in writing
and shall set forth the reasons for its decision and shall be filed
with the Town Clerk.
(2)
The decision of the Town Board may be reviewed under
Article 78 of the Civil Practice Law and Rules, provided that the
Article 78 proceeding is commenced within 30 days of the date upon
which the decision of the Town Board is filed with the Town Clerk.
H.
If there be any change, after the granting of any
license, in any of the facts required to be set forth in the application
therefor, a supplemental statement giving notice of such change, duly
verified, shall be filed with the Town Clerk within 10 days after
such change. Failure to do so shall, if willful and deliberate, be
cause for revocation of the license and the imposition against the
licensee of a civil penalty hereinafter described.
I.
In giving any notice or taking any action in reference
to a licensee or licensed premises, the Town Board may rely upon the
information furnished in such application and in any supplemental
statement connected therewith, and such information may be presumed
to be correct, and shall be binding upon a licensee or licensed premises
as if correct. All information required to be furnished in such application
or supplemental statements shall be deemed material in any prosecution
for perjury.
A.
Licensed adult entertainment cabarets, adult theaters,
and all other sexually oriented businesses featuring entertainment
by live persons shall be closed from 4:30 a.m. to 12:00 noon on Sundays,
and from 4:30 a.m. to 8:00 a.m. on all other days of the week.
B.
No licensee shall permit or suffer any person under
the age of 18 years to enter or remain in the licensed premises, with
the exception that a person 17 years of age and older may enter or
remain in adult bookstores and video stores.
C.
No licensee shall employ or hire or suffer or permit
any person under the age of 18 years to work in the premises.
D.
No licensee shall suffer or permit any illegal activity
or activities to be conducted in or upon the licensed premises, or
suffer or permit such premises to become disorderly, or suffer or
permit such premises to become a public nuisance.
E.
A license issued to any person pursuant to this article
for any licensed premises shall not be transferable to any other person
or to any other premises or to any other part of the building containing
the licensed premises. It shall be available only to the person therein
specified, and only for the premises licensed and no other.
A.
It shall be unlawful for any female person to appear,
work, entertain, act or display herself in any sexually oriented business
or any other public place in the Town of Wallkill, New York, clothed
or costumed in such a manner that her genitals and pubic area are
not covered with a fully opaque covering. Human female buttocks shall
not be required to be completely and opaquely covered; however, the
gluteal, anal, or natal cleft between the buttocks shall be covered
with a g-string, thong, or similar apparel or costuming.
B.
It shall be unlawful for any male to appear, work,
entertain, act or display himself in any sexually oriented business
or any other public place in the Town of Wallkill, New York, clothed
or costumed in such a manner that his genitals and pubic area are
not covered with a fully opaque covering. Human male buttocks shall
not be required to be completely and opaquely covered; however, the
gluteal, anal, or natal cleft between the buttocks shall be covered
with a g-string, thong, or similar apparel or costuming.
C.
It shall be unlawful for any person to knowingly conduct, maintain, own, lease, manage, operate or furnish any sexually oriented facility or any other public place in the Town of Wallkill, New York, where a female or male person is not clothed, costumed or covered as required by Subsections A and B of this section set forth immediately above.
D.
It shall be unlawful to permit any employee to perform
a straddle dance/lap dance/face dance and it shall be unlawful for
any person to engage in a straddle dance/lap dance/face dance in any
sexually oriented business.
F.
It shall be unlawful to encourage or permit any person
in or on the premises to touch, caress or fondle the breasts, buttocks
or genitals of any other person.
G.
It shall be unlawful to employ or permit any person
to wear or use any device or covering exposed to view which simulates
the breasts, buttocks or genitals of any other person.
H.
It shall be unlawful to employ or permit any person
in or on the premises to perform an act or acts or to simulate the
act or acts of:
I.
It shall be unlawful to employ or permit any person in or on the licensed premises to show motion-picture films, television-type cassettes, still pictures or other photographic or digital reproduction depicting any of the acts or any simulation of any of the acts prohibited in Subsections A through H hereof.
J.
It shall be unlawful for any person to conduct, maintain, own, lease, manage, operate or furnish any massage establishment, as defined in this Chapter 59.
Any license issued pursuant to this article
may be revoked, cancelled or suspended by the Town Board, as licensing
authority, subject to a hearing, and or a civil penalty, hereinafter
described, may be imposed against the licensee for the following causes:
B.
If the licensee transfers, assigns or hypothecates
the license.
C.
If the licensee is convicted of a felony.
D.
If the licensee suffers or permits any illegal activity
or activities to be conducted in or upon the licensed premises, or
suffers or permits such premises to become disorderly, or suffers
or permits such premises to become a public nuisance.
E.
If the applicant makes any false statement in the
application.
