This article shall be known as the "Adult Use
and Entertainment Establishments Regulation Law" of the Village of
Caledonia.
It is the purpose of this article to regulate
the creation, opening, commencement and/or operation of adult use
and entertainment establishments, as herein defined, in order to achieve
the following:
A.
To preserve the character and the quality of life
in the Village of Caledonia's neighborhoods and business areas.
B.
To control such documented harmful and adverse secondary
effects of adult uses on the surrounding areas as: decreased property
values; attraction of transients; parking and traffic problems; increased
crime; loss of business for surrounding nonadult businesses; and deterioration
of neighborhoods.
C.
To restrict minors' access to adult uses.
D.
To maintain the general welfare and safety for the
Village of Caledonia's residents.
This article is intended to be supplementary to the Village of Caledonia Zoning Law, (Chapter 215 of the Code of the Village of Caledonia). It is intended that this article shall supersede only those provisions of the Village of Caledonia Zoning Law which are inconsistent herewith. All provisions of the Village of Caledonia Zoning Law consistent herewith are incorporated herein by reference, and the uses and activities regulated hereby are subject to the provisions of the Village of Caledonia Zoning Code unless specifically provided otherwise by this article.
As used in this article, the following terms
shall have the meanings indicated:
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, 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 depicting or describing
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, photographs, films, motion pictures, video cassettes, video
reproductions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which
are primarily intended, labeled, designed, advertised or promoted
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 categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas. For purposes of this definition, principal
business purpose shall mean 25% or more of any of the following:
The number of different titles or kinds of such
merchandise.
The number of copies or pieces of such merchandise.
The amount of floor space devoted to the sale
and/or display of such merchandise.
The amount of advertising which is devoted to
such merchandise, either in print or broadcast media.
A nightclub, bar restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities.
Films, motion pictures, video cassettes, 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 transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
anatomical areas or specified sexual activities; and has a sign visible
from the public right-of-way which advertises the availability of
this type of photographic reproductions.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified anatomical areas or specified sexual activities.
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 specified sexual activities.
A public or private establishment, or any part thereof, which
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 entertainers wear pasties or G-strings, or both;
adult arcade; adult bookstore or adult video stores; adult cabarets;
adult motels; adult motion-picture theaters; escort agencies; nude
model studios and sexual encounter centers. Adult use and entertainment
establishments customarily exclude minors by reason of age.
A person who, for a fee, tip or other consideration, agrees
or offers to act as a date for another person; for consideration,
agrees or offers to privately model lingerie for another person; for
consideration, agrees or offers to privately perform a striptease
for another person; or, for consideration, but without a license granted
by the State of New York, agrees or offers to provide a massage for
another person.
A person or business association who furnishes or offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed, sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration,
other than as a part of a course of instruction offered by an educational
institution established pursuant to the laws of the State of New York.
The appearance of specified anatomical areas.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
specified anatomical areas, 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 or consideration, 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.
Unless completely and opaquely covered, human genitals, pubic
region, buttocks or breasts below a point immediately above the top
of the areola; and, even if completely and opaquely covered, male
genitals in a discernibly turgid state.
Includes any of the following:
All adult use and entertainment establishments as defined herein may be created, opened, commenced or operated only within the Zoning Districts within the Village of Caledonia created pursuant to § 215-5 of the Code of the Village of Caledonia.
No adult use and entertainment establishment shall be allowed to operate unless located in the aforementioned zoning district unless a special permit has been issued for such operation by the Village Board of Trustees pursuant to the requirements and conditions of this section. Prior to the issuance of a special permit, the Village Board of Trustees must conduct a public hearing with public notice published pursuant to the requirements of § 215-109 of the Zoning Law of the Village of Caledonia. Said special permit shall be subject to the following conditions and restrictions:
A.
Location.
(1)
No adult use and entertainment establishment shall
be located:
(a)
Within 500 feet of the boundary of any residential
zoning district in the village.
(b)
Within 500 feet of the property line of a parcel
used for residential purposes in the village.
(c)
Within 1,000 feet of the property line of a
parcel containing a religious place of worship, library, school, day-care
facility, park, playground or municipal government office for public
meetings within the village.
(d)
On the same parcel as another adult use and
entertainment establishment.
(e)
Within 1,000 feet of the property line of another
adult use and entertainment establishment, whether or not such other
establishment is located in the village.
(2)
The above distance of separation shall be measured
from the nearest exterior wall of the portion of the structure containing
the adult use and entertainment establishment, measured in a straight
line, without regard to intervening structures or objects.
B.
Display prohibited. All adult uses and entertainment
establishments shall be conducted in an enclosed building. It shall
be a violation to display or exhibit (in the open air, through a window
or by means of a sign, depiction or decoration), or to allow to be
displayed or exhibited, any specified anatomical area or specified
sexual activity.
C.
Planning Board referral. No special permits shall be issued unless and until the proposed adult use and entertainment establishment shall have obtained full site development plan review approval by the Village of Caledonia Planning Board pursuant to Article XII of the Village of Caledonia Zoning Law.
D.
Application materials. Applications to be considered by the Village Board shall be made in writing to the Village Code Enforcement Officer in the same manner as required for zoning permits pursuant to § 215-103 of the Zoning Law of the Village of Caledonia. In addition to the requirements of the aforesaid section, the applicant shall also provide a full instrument survey map prepared by a licensed engineer or land surveyor that contains the following minimum information:
(1)
Boundary line survey of the property.
(2)
The portion of the parcel proposed to be developed
for the adult use and entertainment establishment.
(4)
The location of all existing or proposed buildings,
site access, off-street parking, signage, sign lighting, landscaping,
drainage and other features as may be required for the applicant to
obtain site development approval from the Planning Board.
(5)
A completed environmental assessment form.
E.
Compliance with other state, federal and local laws.
(1)
The issuance of the special permit and the applicant's
continued entitlement thereto shall be specifically conditioned upon
the applicant's continued compliance with all federal, state and local
laws, regulations and/or ordinances, including but not limited to
the following:
(a)
New York State Penal Law.
(b)
New York State Alcoholic Beverage Control Law.
(c)
Any federal, state and local laws, ordinances
or regulations pertaining to building safety and fire safety.
(d)
New York State Public Health Law.
(e)
Any other state, federal or local codes which
have not hereinbefore been specifically enumerated.
(2)
In the event that the applicant has been found to
be in violation of any of the aforesaid provisions of law or any other
law, ordinance or regulation of the Village of Caledonia or any of
the conditions set forth in this section, any special permit issued
hereunder shall be revoked and permanently terminated after a public
hearing.
F.
The Village Board of Trustees may but need not hold
any public hearing required hereunder jointly with the Village Planning
Board at the time that the Planning Board holds any public hearing
pursuant to the application for site development review.
G.
Time limit. Special permits issued hereunder shall be effective for a period of two years from the date of issuance. Prior to the expiration of the effective period of a special permit, the owner/operator may apply to the Board of Trustees for a renewal thereof. Upon an application for said renewal, the Board of Trustees may (but need not) waive any of the requirements of § 215-99D (Application materials) upon a showing that there has been no change in circumstances in any of the items represented in the original application materials. All renewal periods shall be for a period of two years.
A.
Any person, firm, corporation or entity found to be
violating any provisions of this article shall be served with a written
notice by the Village Code Enforcement Officer or his designee or
the Village of Caledonia Police Department or the Livingston County
Sheriff's Department or the New York State Police, 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 Village of Caledonia.
(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 Village of Caledonia.
B.
Any person, firm, corporation or entity who shall
violate any portion of this article 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 article 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 shall be jointly
and severally liable for any violations alleged herein as if they
had committed such violations personally and shall be fully subjected
to the sanctions set forth herein.
D.
Any person, firm, corporation or entity violating
any of the provisions of this article shall become liable to the village
for any expense or loss or damage occasioned the village by reason
of such violation and the following, including but not limited to
statutory costs, disbursements and reasonable attorney fees.
E.
The imposition of penalties herein prescribed shall
not preclude the village or any person from instituting appropriate
legal action or proceedings to prevent a violation of this article
or to restrain or enjoin the use or occupancy of a building, premises
or part thereof in violation of this article.
