It is the purpose of this chapter to regulate sexually oriented
businesses and related activities to promote the health, safety, morals
and general welfare of the citizens of the Village and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the Village.
The provisions of this chapter have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
not the intent nor effect of this chapter to restrict or deny access
by adults to sexually oriented materials protected by the First Amendment,
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this chapter to condone or legitimize the distribution of
obscene materials.
As used in this chapter, the following terms shall have the
meanings indicated:
ADULT ARCADE
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 specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment, that has as its principal business
purpose, and offers for sale or rental for any form of consideration,
any one or more of the following:
A.
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
B.
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
that regularly features:
A.
Persons who appear in a state of seminudity; or
B.
Live performances that are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides or other photograghic
reproductions that are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; or
D.
Persons who engage in lewd, lascivious or erotic dancing or
performances that are intended for the sexual interests or titillation
of an audience or customers.
ADULT MOTEL
A hotel, motel or similar commercial establishment that:
A.
Offers accommodation to the public for any form of consideration
and 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; or
B.
Offers on a regular basis a sleeping room for rent for a period
of time that is less than eight hours; or
C.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than eight hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment that regularly features persons who appear in a state
of nudity or live performances that are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
CODES ENFORCER
The duly appointed Codes Enforcer and such employee(s) of
his department as he may designate to perform the duties of the Codes
Enforcer under this chapter.
ESCORT
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.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business;
B.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
C.
The additions of any sexually oriented business to any other
existing sexually oriented business; or
D.
The relocation of any sexually oriented business.
LICENSED DAY-CARE CENTER
A facility licensed by the State of New York, whether situated
within the Village or not, that provides care, training, education,
custody, treatment or supervision for more than 12 children under
14 years of age, where such children are not related by blood, marriage
or adoption to the owner or operator of the facility, for less than
24 hours a day, regardless of whether or not the facility is operated
for a profit or charges for the services it offers.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
NUDE MODEL STUDIO
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.
NUDITY or A STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast without a fully opaque complete covering
of the breast below a point immediately above the top of the areola,
or human male genitals in a discernibly turgid state even if completely
and opaquely covered.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the
human bare buttock, anus, male genitals, female genitals or female
breast without a fully opaque complete covering of the breast below
a point immediately above the top of the areola, or human male genitals
in a discernibly turgid state even if completely and opaquely covered.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
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.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
SUBSTANTIAL ENLARGEMENT
The increase in floor areas occupied by a sexually oriented
business by more than 10%, as the floor areas exist on January 1,
1995.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
A.
The sale, lease or sublease of a sexually oriented business;
B.
The transfer of securities that form a controlling interest
in a sexually oriented business, whether by sale, exchange or similar
means; or
C.
The establishment of a trust, gift or other similar legal device
that transfers the ownership or control of a sexually oriented business,
except for transfer by bequest or other operation of law upon the
death of the person possessing the ownership or control.
Sexually oriented businesses are classified as follows:
B. Adult bookstores or adult video stores.
E. Adult motion-picture theaters.
I. Sexual encounter centers.
The annual fee for a sexually oriented business permit and/or
license is $500. This fee is to be used to pay for the cost of the
administration and enforcement of this chapter.
An applicant or permittee and/or licensee shall permit representatives
of the Police Department, Health Department, Fire Department, Zoning
Department or other Village or state departments or agencies to inspect
the premises of a sexually oriented business for the purpose of ensuring
compliance with the law, at any time it is occupied or open for business.
The Codes Enforcer shall suspend a permit and/or license for
a period not to exceed 30 days if he determines that a permittee and/or
licensee or an employee of a permittee and/or licensee has:
A. Violated or is not in compliance with any section of this chapter;
B. Become impaired or intoxicated through the use of alcoholic beverages
while on the sexually oriented business premises;
C. Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter;
D. Knowingly permitted gambling by any person on the sexually oriented
business premises.
A permittee and/or licensee shall not transfer his permit and/or
license to another, nor shall a permittee and/or licensee operate
a sexually oriented business under the authority of a permit and/or
license at any place other than the address designated in the application.
Sexually oriented businesses shall be permitted in the Manufacturing
(M-1) District, provided that:
A. The sexually oriented business may not be operated within 1,000 feet
of:
(1) A church, synagogue or regular place of religious worship;
(2) A public or private elementary or secondary school;
(3) A boundary of any residential district;
(5) A licensed day-care center; or
(6) Another sexually oriented business.
B. A sexually oriented business may not be operated in the same building,
structure or portion thereof containing another sexually oriented
business.
C. For the purpose of this chapter, 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 a part of the
premises where a sexually oriented business is conducted, to the nearest
property line of the premises of a church, synagogue, regular place
of worship or public or private elementary or secondary school, or
to the nearest boundary of an affected public park, residential district
or residential lot, or licensed day-care center.
D. For the purposes of Subsection
C of this section, the distance between any two sexually oriented business 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.
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room of less than 150 square feet of floor space, a film,
video cassette or other video reproduction that depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
A. Upon application for a sexually oriented permit and/or license, the
application shall be accompanied by a diagram of the premises showing
a plan thereof specifying the location of one or more manager's stations
and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons will not be permitted.
A manager's station may not exceed 32 square feet of floor area. The
diagram shall also designate the place at which the permit will be
conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer's or architect's blueprint shall not
be required; however, each diagram should be oriented to the north
or to some designated street or object and should be drawn to a designated
scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy
of plus or minus six inches. The Codes Enforcer may waive the foregoing
diagram for renewal applications if the applicant adopts a diagram
that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared.
B. The application shall be sworn to be true and correct by the applicant.
C. No alteration in the configuration or location of a manager's station
may be made without the prior approval of the Codes Enforcer or his
designee.
D. It is the duty of the owners and operator of the premises to ensure
that at least one employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
E. The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose, excluding rest rooms. Rest rooms may not contain video reproduction
equipment. If the premises has two or more manager's stations designated,
then the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one of the manager's stations. The view required in this subsection
must be by direct line of sight from the manager's station.
F. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection
E remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant a Subsection
A of this section.
G. No viewing room may be occupied by more than one person at any time.
H. The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than 1.0 footcandle
as measured at the floor level.
I. It shall be the duty of the owners and operator, and it shall also
be the duty of any agents and employees present in the premises, to
ensure that the illumination described above is maintained at all
times that any patron is present in the premises.
It is a defense to prosecution under this chapter that a person
appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licensed by the State of New York; a college,
junior college or university supported entirely or partly by taxation.
B. By a private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation.