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.
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.
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.
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.