[Added 10-18-2006 by L.L. No. 6-2006; amended 2-21-2007 by L.L. No. 1-2007; 6-20-2007 by L.L. No. 3-2007; 4-16-2008 by L.L. No.
2-2008]
The Jerusalem Town Board, after review of its
Adult Entertainment Use Study, dated March 23, 2005, finds that adult
entertainment uses, by virtue of their nature, often have negative
secondary effects. Secondary effects include crime rates, impact on
real estate, traffic, noise and general neighborhood appearance. It
is the intent of the Jerusalem Town Board that special regulation
of adult entertainment businesses is necessary to protect the health,
safety and welfare of its citizens.
The Jerusalem Town Board has determined that
special regulation is necessary to mitigate the secondary effects
of adult entertainment uses while protecting freedom of speech.
As used in this article, the following terms
shall have the meanings indicated:
This term shall include adult use, adult use business or
adult entertainment or those businesses distinguished or characterized
by an emphasis on the depiction of or description of specified sexual
activities or specified anatomical areas, including but not limited
to an adult arcade, adult cabaret, adult media, adult media outlet,
adult motel, adult motion-picture theater, adult mini-motion-picture
theater, escort agency, sexual encounter center and/or any other commercial
establishment where a portion of the principal business is of an adult
nature or use.
Adult arcade — Any place to
which the public is permitted or invited wherein electronically or
mechanically controlled still or motion-picture machines, projectors,
computers, 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
depiction or description of a specified sexual activity or specified
anatomical areas.
Adult cabaret — A building or
portion of a building regularly featuring dancing or other live entertainment
if such building or portion of a building as a prevailing practice
excludes minors by virtue of age, or if the dancing or entertainment
is distinguished or characterized by an emphasis on the depiction
or description of specified sexual activities or specified anatomical
areas for observation by patrons therein.
Adult media — Magazines, books,
videotapes, movies, slides or other media which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas where the prevailing practice excludes minors by virtue of age.
Adult motel — A hotel, motel
or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, DVDs, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas; which advertises the availability of sexually oriented
types of material by means of a sign visible from the public right-of-way,
or by means of off-premises advertising, including, but not limited
to, newspapers, magazines, pamphlets, leaflets, internet, radio or
television; or
Offers sleeping rooms for rent on a regular
basis for a period of time that is less than 10 hours; or
Allows a tenant or occupant of a room to sublease
the room for a period of fewer than 10 hours.
Adult motion picture theater — A
building or portion of a building with a capacity of 50 or more persons
used for presenting material if such building or portion of a building,
as a prevailing practice, excludes minors by virtue of age, or if
such material is distinguished or characterized by an emphasis on
the depiction or description of specified sexual activities or specified
anatomical areas for observation by patrons therein.
Adult media outlet — An establishment
that rents or sells books, magazines, videotapes, slides, movies or
other media, and meets either of the following tests: more than 25%
of the gross floor area is devoted to adult media or on-site advertising;
or more than 25% of the business's gross revenue results from the
sale or rental of adult materials.
Adult mini-motion picture theater — A
building or portion of a building with a capacity for less than 50
persons used for presenting material if such building or portion of
a building as a prevailing practice excludes minors by virtue of age,
or if such material is distinguished or characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas for observation by patrons therein.
Escort — A person who, for a
fee, tip or other compensation, agrees to or offers any of the following:
act as a date for another person, including specified sexual activity;
privately model lingerie for another person; or privately perform
a striptease for another person.
Escort Agency — A person or
business association who or which furnishes, offers to furnish, or
advertises to furnish escorts as one of its primary business purposes
for a fee, tip or other consideration.
Sexual encounter center — A
business or commercial enterprise that as one of its primary business
purposes offers for any form of consideration:
A principal or primary business purpose exists
if the services offered are intended to generate business income.
The term "adult entertainment business" shall
not include an establishment where a medical practitioner, psychologist,
psychiatrist, or similar professional person licensed by the state
engages in medically approved and recognized sexual therapy.
Any person, firm, association, partnership, corporation or
other entity for profit.
The appearance of the human bare buttock, anus, anal cleft
or cleavage, pubic area, male genitals, female genitals, or vulva,
with less than opaque covering; or of a female breast with less than
a fully opaque covering of any part of the areola; or of human male
genitals in a discernibly turgid state even if completely and opaquely
covered.
Any individual, proprietorship, firm, partnership, corporation,
club, association or legal representative acting individually or jointly,
limited-liability company, association or other legal entity.
A state of dress in which clothing covers no more that the
genitals, pubic region and areola of the female breasts, as well as
portions of the body covered by the supporting straps or devices.
Any act of masturbation, sadomasochism, sexual intercourse
or physical contact with a person's clothed or unclothed genitals,
pubic area or buttocks.
These include:
This term includes any of the following:
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.
In partnership, limited or general, an individual
who shares in the ownership or control of any of the assets of the
partnership.
In a corporation, an individual who is an officer,
director or holder, either directly or indirectly or beneficially,
of more than 20% of any class of stock.
An adult entertainment business shall be permitted
only in the Agricultural-Residential Use District.
A.
No adult entertainment business shall be permitted
within 1,000 feet of either side of the following:
(1)
State Route 54A.
(2)
Guyanoga Road from its intersection with State
Route 54A to the Jerusalem Town line.
(3)
Italy Hill Road from its intersection with State
Route 54A to the intersection of Darby’s Corners Road.
(4)
Darby’s Corners Road from its intersection
with Italy Hill Road to the Jerusalem Town line.
(5)
Skyline Drive.
B.
No adult entertainment business shall be established
within 1,000 feet of the property line of any of the following sensitive
use sites:
(1)
A public or private school exempt from real
property taxation pursuant to the New York Real Property Tax Law.
(2)
A church or other house of worship.
(3)
A licensed day-care center, nursery school or
preschool.
(4)
A public library.
(5)
A public or private park, playground, campground
or environmental land or animal preserve.
(6)
A public or private recreation or community
center.
(7)
A senior citizen center.
(8)
A fire station or ambulance/emergency response
facility.
(9)
An establishment serving alcoholic beverages.
C.
No adult entertainment business shall be established
within 1,000 feet of any residential dwelling.
D.
An adult use shall not be operated within 1,000 feet
of another adult use or on the same lot or parcel of land as any other
adult use.
E.
An adult use shall not be operated in the same building
or portion thereof containing another adult use.
A.
Viewing rooms and booths:
(1)
Any adult entertainment business or use which
provides or contains private booths or viewing rooms for the viewing
of film, video cassettes, CDs, DVDs or other video reproductions shall
comply with the following regulations:
(a)
Any and all such booths, cubicles, studios and
rooms for the private viewing of adult motion pictures shall be open
to public view from the common areas of the establishment and there
shall not be any doors, curtains, blinds or other structures or devices
that shall impede observation of the entire area of such private viewing
areas from the common area of the establishment.
(b)
All such private booths, viewing rooms or areas
shall be well lighted and readily accessible at all times and shall
continuously be open to view.
(c)
No such private booths, viewing rooms or areas
shall be occupied by more than one person at any time.
(2)
No openings of any kind shall be permitted to
exist between such private booths, viewing rooms or areas.
B.
All adult use businesses shall be conducted in an
enclosed building. It shall be a violation to display or exhibit in
the open air (outside of the establishment), through a window, or
by means of a depiction or decoration, or to allow to be displayed
or exhibited, any specified anatomical areas or specified sexual activities.
C.
The exterior appearance of any building containing
an adult use business shall be consistent with the character of the
surrounding structures and shall not detract from the appearance of
the neighborhood.
D.
Only one exterior sign at the site shall be allowed
and it will be limited to only the name of the establishment, it shall
not contain any photographic or artistic representation of the human
body and must conform to all the other Town of Jerusalem signage laws.
E.
Parking shall be in compliance with § 160-54 of this code unless conditions are stated differently in the site plan or special use permit.
F.
It shall be unlawful to operate an adult entertainment
use between the hours of 12:00 midnight and 8:00 a.m.
G.
Alcoholic beverage consumption is prohibited on any
adult use site.
H.
Live entertainment is prohibited at any adult use
site.
I.
Prohibitions involving children. No person shall knowingly
allow a person under the age of 18 years on the premises of an adult
entertainment business or use.
J.
No owner, manager, supervisor or employee of the adult
entertainment business shall touch any patron or customer or the clothing
of a patron or customer while on the premises.
K.
A separate license shall be required for each adult
entertainment business on the same premises. Premises having one or
more such licenses shall not be allowed to have any additional adult
entertainment business without the issuance of an additional license
for each such additional adult entertainment business.
No person, firm, partnership, corporation or
other entity shall operate or cause to be operated an adult entertainment
use unless a valid license has been issued for such use by the Town
of Jerusalem.
A.
An application for a license to operate an adult entertainment
use shall be made to the Town Clerk, in a form prescribed by the Town
Clerk, which application shall be submitted under oath and shall supply
the following information:
(1)
The name, address and phone number of the person,
business or establishment applying for an adult entertainment use.
(2)
The exact nature of the adult entertainment
use and hours of its operation.
(3)
A description of the location of the use and
a description of all adjacent properties and uses.
(4)
A copy of the site plan approval, as granted
by the Town of Jerusalem Planning Board.
(5)
A statement of the nature and character of the
applicant's other business or businesses, if any, to be carried on
in conjunction with the adult entertainment use.
(6)
The name or names of the person or persons who
will manage or supervise the applicant's business.
(7)
The names, business and home addresses and business
and home and cell phone numbers of all those persons or businesses
having substantial connection with the business or establishment to
be licensed.
(8)
If applicable, a disclosure of the criminal
record, if any, of any person who will manage or supervise the applicant's
business or of any person having a substantial connection with the
business or establishment to be licensed. Disclosure of convictions
of crimes punishable to §§ 230 through 245 of the New
York State Penal Law shall be disclosed if the same have occurred
within a two-year period preceding the date of the application.
(9)
The status of all other required local and state
approvals.
B.
Certificate of compliance. The application shall be
accompanied by a certificate of compliance from the Town Code Enforcement
Officer that certifies compliance with this article, all other applicable
zoning, development, and land use regulations of the Town, and the
NYS Fire Protection and Building Code.
C.
Fee. An application for adult entertainment use license
shall be accompanied by a nonrefundable fee in the amount as the Town
of Jerusalem may from time to time establish by resolution.
D.
Completeness. The application shall not be complete until all of the information required by Subsection A, the certificate required by Subsection B, and the fee required by Subsection C are received by the Town Clerk. The application shall not be deemed complete when the applicant shall have been convicted of a violation of this Code within the previous five years. When the application is complete, the Town Clerk shall accept it and forward it to the Town Board for its review and consideration.
E.
Notice to neighbors. When the application is complete,
the Town Clerk, by ordinary mail, shall notify the owners of all properties
within 2,000 feet of the premises to be licensed of the receipt of
the application, the name and address of the applicant, the premises
to be licensed, the nature of the use applied for, and the owner’s
privilege of submitting written comment to the Town Board within 10
business days of the mailing of the notice. For this purpose, the
term “owner” shall mean the owner listed on the current
tax roll of the Town of Jerusalem.
F.
Action by the Town Board. The Town Board shall act
on the application within 30 days of receipt from the Town Clerk.
G.
Issuance. The Town Clerk shall issue the license within
10 days of the resolution of the Town Board approving it.
H.
Inspection requirements. The owner or operator or
an employee or agent of an adult entertainment business shall permit
representatives of the Town of Jerusalem, the Yates County Sheriff’s
Department, the New York State Police, the State Department of Health,
local fire departments or any Town, county or state department or
agency that has permitting authority regarding the use of the premises
to inspect said premises for the purpose of ensuring compliance with
this article at any time said business is occupied or open for business,
without prior notice.
The Town Board may deny or revoke a license
on any of the following grounds:
A.
That the use is prohibited by any local or state law
or local law or ordinance.
B.
That the applicant has falsified or failed to provide
information required in the application for the issuance or amendment
of an adult entertainment use license under this chapter.
C.
That an inspection of the premises reveals that any
applicable laws, ordinances, codes, rules and regulations pertaining
to structure, fire, and safety have not been complied with.
D.
That any persons managing or supervising the applicant's
or licensee's business or any person having a substantial connection
with the business or establishment has been convicted of a felony
or a crime punishable pursuant to §§ 230 through 245
of the New York State Penal Code within a period of two years prior
to the date of application.
E.
That any person managing or supervising a licensed
adult entertainment use or any person having a substantial connection
with such a licensed use has been charged and found guilty of a misdemeanor
or felony.
F.
That the applicant or any person, business or establishment
having a substantial connection with the business or establishment
for which an application is made has had any license issued under
this chapter revoked for cause during the preceding one-year period.
If this license is revoked, the Town Clerk shall notify the licensee
in writing, by certified mail, of the revocation.
G.
That the owner, operator, or any person managing or
supervising an adult entertainment business, or an employee thereof,
has allowed any of the following to occur on the business premises:
H.
That the owner, operator, or any person managing or
supervising an adult entertainment business, or an employee thereof,
refuses to permit a lawful inspection of the premises at any time
said premises is occupied or open for business.
Any license issued to operate an adult entertainment
use shall expire on the 31st day of December succeeding its date of
issue, unless revoked.
A licensee under this chapter shall cause the
license for an adult entertainment use to be conspicuously displayed,
in full view of patrons, at the location stated in such license.
A valid adult entertainment use license may be renewed for a period of one year at a time by following the license application procedures in § 160-110 above. Such renewal application must be submitted at least 30 days prior to the expiration of the current license, and the same shall be granted unless the applicant is found to be in violation of any of the subsections or instances in § 160-111 hereof.
No license issued under the provisions of this
article shall be transferred or assigned to any person or used by
any person other than the licensee to whom it was issued, nor shall
such license be used or displayed at any location other than the location
stated in such license.
All adult entertainment uses licensed under
this chapter must comply with the applicable laws, regulations and
standards imposed by New York State, local land use control laws and
any conditions imposed by any local governing body, board or agency.
A.
Any licensee found guilty of violating any provisions
of this article shall be guilty of a violation and shall be subject
to a fine not to exceed $250 or to imprisonment for a period not to
exceed 15 days, or to both such fine and imprisonment.
B.
The continuation of an offense under this article,
after notice of such, shall constitute, for each day the offense continues,
a separate and distinct violation hereunder.
C.
The continuation of an offense under this article,
after notice of such, will constitute grounds for immediate revocation
of the license to operate.
Should any section or provision of this article
be declared by a court of competent jurisdiction to be invalid, such
declaration shall not affect the validity of this article as a whole
or any other part thereof.
