[Added 7-17-2003 by L.L. No. 3-2003]
A.
It is the purpose of this article to regulate sexually
oriented businesses to promote the health, safety, morals and general
welfare of the citizens of the Village of Clyde and to establish reasonable
and uniform regulations to prevent the concentration of sexually oriented
businesses within the Village of Clyde. The provisions of this article
have neither the purpose nor the intent of imposing a limitation or
restriction on the content of any communicative materials, including
sexually oriented materials.
B.
Similarly, it is not the purpose or the intent of
this article to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment to the Constitution of
the United States, the Constitution of the State of New York, or to
deny access by distributors and exhibitors of sexually oriented entertainment
to their intended market. It is not the purpose or the intent of this
article to condone or legitimize the distribution of obscene materials.
A.
In the interpretation of this article, the following
rules apply:
(1)
Words used in the present tense include the future
tense.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation as well as
an individual.
(4)
The word "lot" includes the words "plot" or "parcel."
(5)
The term "used" or "occupied" is applied to any land
or structure and shall be construed to include the words "intended,"
"arranged" or "designed" to be used or occupied.
B.
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
(e)
ADULT CABARETS
(1)
(2)
(3)
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ADULT USES
ADULT VIDEO STORE
ESCORT
ESTABLISHMENT
NUDE MODEL STUDIO
NUDITY
PERSON
SEMINUDITY
SEXUAL ENCOUNTER CENTER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
STATE OF NUDITY
TRANSFER OF OWNERSHIP OR CONTROL
(1)
(2)
(3)
The following definitions shall apply in this article:
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 the depicting or
describing of a specified sexual activity or specified anatomical
areas.
A commercial establishment which, as one of
its principal business purposes, offers for sale or rental or any
form of consideration any one or more of the following:
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes or
video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or
Instruments, devices or paraphernalia that are
designed for use in connections 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. Such other business purposes will not serve
to exempt such commercial establishment from being 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 that depict or describe specified sexual activities
or specified anatomical areas. A "principal business purpose" shall
mean more than 1/4 of the business is devoted to the sale, rental
or display of such materials as determined by any of the following:
The number of different titles of printed, visual
or audio materials of any kind that are characterized by their emphasis
on the description or depiction of specified anatomical areas or specified
sexual activities;
The number of copies of printed, visual or audio
materials of any kind which are characterized by their emphasis on
the description or depiction of specified anatomical areas or specified
sexual activities;
The amount of floor space devoted to the sale
and display of printed, visual or audio materials of any kind which
are characterized by their emphasis on the description or depiction
of specified anatomical areas or specified sexual activities;
The dollar amount of sales of printed, visual
or audio materials of any kind which are characterized by their emphasis
on the description or depiction of specified anatomical areas or specified
sexual activities; or
The amount of on-site advertising which can
be viewed by passersby, or the amount or cost of advertising in print
or broadcast media devoted to printed, visual or audio materials of
any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities.
Nightclubs, bars, restaurants or similar commercial establishments
that feature:
Persons who appear in a state of nudity or seminudity;
Live performances that are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, video cassettes, slides
or other photographic reproductions that are characterized by the
depiction or description of specified anatomical areas or specified
sexual activities.
A hotel, motel or similar commercial establishment that:
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 that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right-of-way that advertises
the availability of this adult type of photographic reproductions;
Offers sleeping rooms for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are shown that are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas.
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 by specified sexual activities.
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies, nude model studios and sexual encounter centers.
See "adult bookstore."
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
Any of the following:
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttocks, anus, genitals or
full female breast.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areolas of the female breast, 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 of consideration:
The male genitals and/or vulva or more intimate parts of
the female genitals.
Any of the following:
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection
with any of the activities set forth in this definition above.
See "nudity."
Means and includes any of the following:
The sale, lease or sublease of an adult use;
The transfer of securities which constitute
a controlling interest in an adult use, whether by sale, exchange
or similar means; or
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of an
adult use, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
A.
Uses permitted. Adult uses shall only be located in
an Industrial District subject to the annual issuance of a special
use permit, renewable once before the anniversary thereof, provided
that:
(1)
An adult use may not be operated within 1,000 feet
of a church or other place of worship; a nursery, elementary school
or vocational school; a hospital, nursing home or convalescent home;
a library or museum; a cemetery; the boundary of a residential district;
or a public park, playground or recreation area.
(2)
An adult use may not be operated within 500 feet of
a dwelling.
(3)
An adult use may not be operated within 1,000 feet
of another adult use or on the same lot or parcel of land.
(4)
An adult use may not be operated in the same building
structure or portion thereof containing another adult use.
(5)
An adult use may not be operated on any watercraft,
barge, vessel or floating platform which is in any way tied up to,
attached or anchored near a pier, wharf, dock or boathouse located
in any waters within the Village.
(6)
For the purposes of this section, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as part of the premises where an adult use is conducted, to the
nearest property line of the premises of a dwelling; a church or other
place of worship; a nursery, elementary, secondary or vocational school;
a hospital, nursing home or convalescent home; a library or museum,
a cemetery, the boundary of a rural residential or medium-density
residential district; or a public park, playground or recreation area.
(7)
For the purposes of this section, the distance between
any two adult uses shall be measured in a straight line, without regard
to intervening structures or objects, from the closest exterior wall
of the structure in which each business is located.
(8)
All adult uses shall be conducted in an enclosed building.
Regardless of location or distance, no one who is passing by an enclosed
building having a use governed by this article shall be able to see
any specified anatomical area or any specified sexual activity by
virtue of any display that depicts or shows that area or activity.
This requirement shall apply to any display, decoration, sign, window
or other opening.
B.
Inspection requirement.
(1)
As heretofore provided, a person may operate an adult
use in the Village of Clyde only with a special permit.
(2)
Prior to the commencement of any adult use or upon
any transfer of ownership or control of an adult use, the premises
must be inspected by the Code Enforcement Officer and found to be
in compliance with all laws, ordinances, rules and regulations applicable
to the use and occupancy for an adult use in compliance with the Village
of Clyde Code and NYS Uniform Fire Prevention and Building Code.
(3)
All code enforcement officials, including the Village
Code Enforcement Officer, shall complete their certification that
the premises are in compliance or not in compliance within 20 days
of the inspection of the premises by such officials.
(4)
Any owner and/or operator, employee of the owner and/or
operator or agent of the owner and/or operator shall permit representatives
of the Village Building Department, the Wayne County Sheriff's Department,
the New York State Police, the State Health Department, the Village
Code Enforcement Officer, the Village Police Department or any other
Village, county or state department or agency that has permitting
authority regarding the use of the premises to inspect the premises
of an adult use for the purpose of ensuring compliance with this article
at any time it is occupied or open for business.
C.
Nonconforming adult use. Subsequent to the operation
of the adult use, any adult use lawfully operating as a conforming
use is not rendered a nonconforming use by the location of a church,
public or private elementary school or secondary school, public park,
residential zoning district or a residential lot within 1,000 feet
of the adult use business.
A.
Enforcement. This article shall be enforced by the
Village of Clyde Code Enforcement Officer.
B.
Building permits. The issuance of building permits shall be governed by Article VII of this chapter.
C.
Certificates of occupancy. A certificate of occupancy
for use is required.
D.
Special use permit. A special use permit will be required and governed by Article VII of this chapter. The permit may be renewed on an annual basis subject to the approval of the Planning Board of the Village of Clyde after certification of compliance has been given by the Code Enforcement Officer. Such certification of compliance shall be issued only after inspection by the Code Enforcement Officer to confirm that the business is in full compliance with the terms of this article and other applicable laws.
E.
Application for permits and certificates. Applications
for building permits and certificates of occupancy shall be made upon
such forms and shall be accompanied by such layout or plot plans as
shall be prescribed by the Code Enforcement Officer to facilitate
enforcement of this article.
F.
Duration of special use permits. The duration of any
special use permit shall be for a maximum period of one year. Any
special use permit for uses under this article shall expire on December
31 of each year unless stated. The special use permit shall run for
the calendar year if so renewed by the Planning Board of the Village
of Clyde.
G.
Violations. It shall be deemed a violation of this
article if the owner and/or operator, an employee of the owner and/or
operator or an agent of the owner and/or operator:
(1)
Has violated or is not in compliance with any section
of this article.
(2)
Has refused to allow any inspection of the adult use
as authorized by this article.
(3)
Has had any illegal gambling take place on the adult
premises.
(4)
Has had the possession, use or sale of a controlled
substance occur on the premises.
(5)
Has had prostitution occur on the premises.
(6)
Has had any act of sexual intercourse, sodomy, oral
copulation, masturbation or other sexual conduct occur on the premises.
H.
Penalties for offenses. A violation of this article
shall be punishable by a fine not to exceed $2,000 or by imprisonment
for a period not to exceed 15 days, or both, for the first offense.
For the second and each subsequent offense punishment shall be a fine
not to exceed $3,000 or by imprisonment for a period not to exceed
45 days, or both. Each day in which the violation continues shall
constitute a separate additional violation. In addition, the Village
Board shall have such other remedies as are provided by law to enforce
the provisions of this article.[1]
