Village of Phoenix, NY Chapter 65 Adult Entertainment Businesses

[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 11-19-1996 by L.L. No. 9-1996 (Ch. 4 of the 1993 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Alcoholic beverages — See Ch. 69.

Peace and good order — See Ch. 137.

Zoning — See Ch. 205.

§ 65-1 Definitions.

The words and terms used in this chapter shall have the following meanings:

ADULT ENTERTAINMENT BUSINESS

A. A public establishment which features topless dancers, nude dancers or strippers, male or female; or

B. An enclosed building or open stand used for presenting, lending or selling motion picture films, video cassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications or any other written materials, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as hereafter defined.

PERSON

A human being, a public or private corporation, an unincorporated association or a partnership.

SPECIFIED ANATOMICAL AREAS

A. Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or

B. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

A. Human genitals in a state of sexual stimulation or arousal;

B. Acts of human masturbation, sexual intercourse or sodomy; or

C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

§ 65-2 Location; minimum distances from certain places.

Adult entertainment businesses are prohibited within:

A. One thousand feet of any residential zoning district or any single-family, two-family or multiple-family dwelling, including structures devoted to both residential and commercial or business purposes.

B. One thousand feet of any public or private school.

C. One thousand feet of any church or other religious facility or institution.

D. One thousand feet of any public park.

§ 65-3 Measurement of distance.

The distance provided in this chapter shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult entertainment business is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult entertainment business is to be separated.

§ 65-4 Penalties for offenses.

A. Criminal penalty. A violation of this chapter shall be a Class A misdemeanor as defined in the New York State Penal Law and shall be punishable as provided for therein. Said violation shall be subject to prosecution pursuant to the New York State Criminal Procedure Law. Each day such violation continues shall constitute a separate violation of this chapter subject to said criminal prosecution for each separate violation.

B. Civil penalty. In addition to any criminal penalty, any person violating this chapter shall be liable for a civil penalty of $500 to the village to be recovered by the village in a civil action or special proceeding. Each day such violation continues shall constitute a separate violation of this chapter, and the person shall be liable each day for the civil penalty. The village may also maintain an action or special proceeding for an injunction or equitable relief to compel compliance with, or to restrain the violation of, this chapter. The use of any remedy shall not prevent the use of any other remedy hereunder. The listing of remedies in this chapter shall not deprive the village of the use of any other remedies provided by other provisions of law.

§ 65-5 Statutory authority.

This chapter is enacted pursuant to the power granted to the village by, including but not limited to, the New York State Constitution, the New York Municipal Home Rule Law, the New York State General Municipal Law and the New York State Village Law.