Specific terms. As used in this chapter, the following
terms shall have the meanings indicated.
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE
(1)
An establishment or business, whether retail or wholesale, having as
a substantial or significant portion of its stock-in-trade and/or as one of
its principal business purposes offers for sale or rental for any form of
consideration one or more of the following:
(a)
Instruments, devices or paraphernalia which are primarily intended,
labeled, designed, advertised or promoted for use in connection with specified
sexual activities, or for stimulation of human genital organs or for sadomasochistic
use or abuse of a person or others; or
(b)
Books, magazines, periodicals and other printed matter, photographs,
films, motion pictures, video cassettes or video reproductions, slides, compact
discs, computer software or other visual representations and viewing materials
for sale or rental or viewing on premises or rental for viewing on or off
premises, by use of motion-picture devices or any coin- or slug-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.
(2)
A business may have other principal business purposes that do not involve
the offering for sale or rental of instruments, devices or paraphernalia or
the offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be categorized as
an adult bookstore. Such other business purposes will not serve to exempt
such business from being categorized as an adult bookstore, adult novelty
store or adult video store, so long as one of its principal business purposes
is offering for sale or rental, for some form of consideration, the specified
materials which depict or describe specified anatomical areas or specified
sexual activities.
ADULT ENTERTAINMENT CABARET
A public or private establishment which may or may not be licensed
to serve food and/or alcoholic beverages which regularly features persons
who appear in a state of nudity, topless and/or bottomless dancers, strippers
and/or films, motion pictures, videos, slides, compact discs or other photographic
reproductions or other visual representations, including computer generated,
which are distinguished or characterized by their emphasis on matter depicting,
describing or related to specific sexual activities or specific anatomical
areas.
ADULT ENTERTAINMENT ESTABLISHMENT
A public or private establishment which regularly presents any of
the following entertainments, exhibitions or services: topless and/or bottomless
dancers, strippers, topless waitressing, busing or service, topless hair care
or massages, service or entertainment where the servers or entertainment are
wearing only pasties or G-strings or both, or other adult uses as defined
herein.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons regularly
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 MOTEL
A hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration and
provides patrons with closed circuit television transmissions, films, motion
pictures, video cassettes, slides, compact discs, computer software or other
photographic reproductions or other visual representations which depict, describe
or relate to specific sexual activities or specific anatomical areas and which
has a sign visible from a public right-of-way which advertises the availability
of this adult type of photographic reproductions; or
(2)
Offers a sleeping room for rent for a period of time of 10 hours or
less; or
(3)
Allows a tenant or occupant of a sleeping room to sublet the room for
a period of time that is 10 hours or less.
ADULT MOTION-PICTURE THEATER
A commercial establishment regularly used for presenting materials
including films, motion pictures, videos, slides, compact discs, computer
software or other photographic or visual reproductions or representations
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 THEATER
A theater, concert hall, auditorium or similar establishment which
regularly features persons who appear in a state of nudity or live performances
which are characterized by the exposure of specific anatomical areas or by
specific sexual activities.
ADULT USE
Any establishment or business regularly involved in the dissemination
of material, performance of entertainments or exhibitions or provision of
services distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities and/or specified anatomical
areas, including but not limited to adult bookstores, adult entertainment
cabarets, adult entertainment establishments, adult mini motion-picture theaters,
adult motion-picture theaters, adult motels, adult theaters, escort agencies,
nude model studios and sexual encounter centers.
AUDIENCE
One or more persons who are permitted to view a performance, for
any valuable consideration, in or from a public place.
BUSINESS
Any commercial enterprise, association or arrangement for profit.
DISSEMINATION
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.
ESCORT
A person who, for consideration, agrees or offers to act as a companion,
guide or date for any 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 who or which furnishes, offers to furnish or
advertises to furnish escorts as one of its primary businesses for a fee,
tip or other consideration.
ESTABLISHMENT
Means and includes any of the following:
(1)
The opening or commencement of any business as a new business;
(2)
The conversion of an existing business whether or not an adult use to
any of the adult use businesses defined in this chapter;
(3)
The addition of any of the adult use businesses defined in this chapter
to any other existing adult use business; or
(4)
The relocation of any adult use business.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or who
displays specified anatomical areas is provided to be observed, sketched,
drawn, painted, sculpted, photographed or similarly depicted by other persons
who pay money or any form of consideration.
NUDE, NUDITY or STATE OF NUDITY
The appearance or less than complete and opaque covering of the anus,
genitals, pubic region, buttocks, areola or nipple of the female breast, or
any artificial depiction of same.
PERFORMANCE
Any live or reproduced exhibition including but not limited to any
play, motion-picture film, dance or appearance or other visual representation
presented to or performed before an audience.
PERSON
Any person, firm, partnership, corporation, association or legal
representative, acting individually or jointly.
PUBLIC PARK OR RECREATION AREA
Public land which has been designated for park or recreational activities
including but not limited to a park, playground, nature trail, swimming pool,
reservoir, athletic field, basketball or tennis courts, athletic courts, pedestrian/bicycle
paths, open space, wilderness area or similar public land within the village
which is under the control, operation or management of the village, a religious
institution, a school or other governmental entity.
RELIGIOUS INSTITUTION
Any church, synagogue, mosque, temple or building which is used primarily
for religious worship and related religious activities including education
and instruction.
RESIDENTIAL DISTRICT OR USE
A single-family dwelling, two-family dwelling, row dwelling, multifamily
dwelling or mobile home park use or district as defined or designated in the
Village of Horseheads Code.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or clad in
undergarments or in a sexually revealing or bizarre costume, or the condition
of such person being fettered, bound or otherwise physically restrained in
an apparent act of sexual stimulation or gratification.
SCHOOL
Any public or private educational facility including but not limited
to child day-care facilities, nursery school, preschool, kindergarten, elementary
school, primary school, intermediate school, junior high school, middle school,
high school, vocational school, secondary school, continuation school, special
education school, junior college and university. School includes the school
grounds but does not include the facilities used primarily for another purpose
or incidentally as a school.
SEMINUDE
A state of dress in which clothing covers no more than the genitals,
pubic region and the female breast below a point immediately above the top
of the areola, as well as portions of the body covered by supporting straps
or devices.
SEXUAL CONDUCT
(2)
Sexual intercourse, whether genital-genital, genital-oral, oral-anal
or anal-genital.
(3)
Any erotic fondling or touching of any parts of the covered or uncovered
genitals, buttocks, pubic area or breasts of the female.
(4)
Actual or simulated display or exhibition of the human pubic area or
genitals, or any part thereof.
(5)
Sexual excitement as herein defined.
(6)
Sadomasochistic abuse as herein defined.
(7)
The conduct described in Subsections
(1) through
(6) above, inclusive, is sexual conduct, whether or not it is engaged in alone or between members of the same sex or between members of the opposite sex or between humans and animals or between humans and inanimate objects.
SEXUAL ENCOUNTER CENTER
A business or other commercial enterprise that as one of its primary
business purposes offers for any form or consideration physical contact in
the form of wrestling or tumbling or other similar activity between persons
of the opposite sex; or 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 seminude.
SPECIFIED ANATOMICAL AREAS
(1)
Less than the completely and opaquely covered human anus, genitals,
pubic region, buttocks or female breast below a point immediately above the
top of the areola, or any artificial depiction of the same.
(2)
Human male genitals in a discernibly turgid state even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation or arousal.
(2)
Acts of human masturbation, oral copulation, sexual intercourse or sodomy,
normal or perverted, actual or simulated.
(3)
Fondling or other erotic or intentional touching of human genitals,
pubic region, buttock, anus or female breast, or artificial depiction of the
same.
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1),
(2) and
(3) above.
SUBSTANTIAL CONNECTION
(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 case, goods or services.