A.
It is recognized that buildings and establishments operated as adult
uses have serious objectionable operational characteristics. In order
to promote the health, safety and general welfare of the residents
of the Town of Conesus, this article is added to the Town of Conesus
Zoning Law. It is intended to restrict adult uses to certain nonresidential
areas of the Town of Conesus and otherwise regulate their operation.
This article is intended to promote the health, safety and general
welfare of the residents of the Town of Conesus by regulating the
concentration of such uses and shall be included in the Town of Conesus
Zoning Law as the Adult Uses article.
B.
The Constitution and laws of the State of New York grant to the Town
of Conesus powers to enact reasonable legislation and measures to
regulate and supervise adult entertainment establishments in order
to protect the public health, safety and welfare.
C.
It is not the intent of the Town of Conesus in enacting this article
to deny to any person rights to speech protected by the United States
and/or State Constitutions, nor is it the intent of the Town of Conesus
to impose any additional limitations or restrictions on the contents
of any communicative materials, including sexually oriented films,
video tapes, books and/or other materials. Further, by enacting this
article, the Town of Conesus does not intend to deny or restrict the
rights of any adult to obtain and/or view any sexually oriented materials
protected by the United States and/or State Constitutions, nor does
it intend to restrict or deny any constitutionally protected rights
that distributors or exhibitors of such sexually oriented materials
may have.
As used in this article, the following terms shall have the
meanings indicated. NOTE: These definitions are to include any type
of business(es) or combination of business(es) where specified anatomical
areas are displayed or specified sexual activities are encountered.
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals, films and viewing materials
for sale or viewing on premises by use of motion-picture devices or
any coin-operated means, including video tapes and props and toys,
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, or an establishment or business containing
a segment or section devoted to the sale or display of such material.
A business enterprise which serves food or beverages for
consumption on the premises, with or without carry-out service, which
features entertainers or waiters and/or waitresses who display any
specified anatomical area or who depict, describe or simulate specified
sexual activities.
A public or private establishment that presents topless dancers,
strippers, male or female impersonators or exotic dancers, or other
similar entertainments.
An enclosed building or structure or portion of a building
or structure used for presenting materials having as a dominant theme
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
An adult bookstore, adult cabaret, adult entertainment cabaret,
adult motion-picture theater, massage establishment, body rub establishment,
peep show or any other business(es) where specified anatomical areas
are displayed or specified sexual activities are encountered.
Any establishment having a fixed place of business where
body rubs are administered for pay.
Any establishment having a fixed place of business where
massages are administrated for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic; or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist; or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue
through the administration of massages. Such establishments are not
prohibited, provided they have a duly licensed massage therapist on
the premises.
A theater that presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure and that
charges a fee and that is not open to the public generally.
In a sole proprietorship, an individual who owns, operates,
controls or conducts, directly or indirectly, any premises, building
or location upon which any adult use takes place.
In a partnership, limited or general, an individual who shares
in any potential profits or losses of the business or who shares in
the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director
or a holder, either directly, indirectly or beneficially, of more
than 20% of any class of stock.
Any person who furnishes more than 20% of the capital financing
or assets of such business, whether in cash, goods or services.
Adult uses are restricted to a floating zone as specified under § 155-42 and are conditionally permitted. The following additional regulations apply:
A.
The adult bookstores, adult cabarets, adult entertainment cabarets,
adult motion-picture theaters, adult motels, massage establishments,
body rub establishments and peep shows or any other adult use governed
by these provisions shall be allowable only for properties located
in the Adult Overlay District and subject to the requirements herein
established.[1]
B.
No more than one of the uses governed by these provisions shall be
permitted on any single qualifying building lot in the Town of Conesus.
C.
None of the uses governed by these provisions shall be allowed in
any zoned district of the Town of Conesus where conditions as herein
provided for exist:
(1)
Within 500 feet of the boundary of any residential or residential/agricultural
zoning district.
(2)
Within 500 feet of the property line of a public or private school,
hospital, synagogue, church or other religious institution, day-care
center, youth center, park or playground, public library or areas
where minors congregate.
(3)
Within 500 feet of the property line of any lot containing an adult
use.
D.
All adult uses, adult bookstores, adult cabarets, adult entertainment
cabarets, adult motion-picture theaters, adult motels, massage establishments,
body rub establishments and peepshows, with the exception of their
permitted signs, landscaping and off-street parking, 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 these
provisions shall be able to see any specified anatomical area or any
specified sexual activity by virtue of any act or display that depicts
or shows said area or activity. This requirement shall apply to any
display, decoration, sign, window or other opening.
E.
F.
No such establishment as defined in this article shall employ any
individual(s) below the age of 18 years.
No person, firm, corporation or other entity shall lease, rent,
maintain, operate, use or allow to be operated or used any business
or establishment, any part of which contains an adult use, without
first complying with the provisions of this section as set forth below:
A.
In addition to the completion of the short EAF (environmental assessment
form) and any and all other necessary licenses and permits, no form
of adult use shall be allowed to operate or continue to operate until
a certificate of registration in the form of a special use permit
issued according to the procedures set forth herein for such permit
by the Town of Conesus. Such permit shall be issued and filed with
the Conesus Town Clerk. Upon approval to issue, the special use permit
(aka: certificate of registration) shall contain:
(1)
The name and address of the business or the establishment subject
to the provisions of this article.
(2)
The names, business and home addresses and business or home phone
numbers of all owners of the business or establishment subject to
the provisions of this article.
(3)
The names, business and home addresses, and business or home phone
numbers of all those persons having a substantial connection with
the business or establishment subject to the provisions of this article.
(4)
The date of the initiation of the adult use.
(5)
The exact nature of the adult use.
(6)
If the premises or the building in which the business containing
the adult use is located is leased, a copy of the lease, name of the
tenant and name, address and telephone number of the property owner
shall be provided.
(7)
The applicant shall also submit a plan drawn to appropriate scale
of the premises proposed for registration indicating the areas to
be covered by the registration, all windows, doors, entrances and
exits and the fixed features of the proposed registered premises.
The term "fixed features" shall include walls, stages, immovable partitions,
projection booths, admission booths, concession booths and stands,
immovable counters and similar appurtenances that are intended to
be permanent.
(8)
The applicant shall state all criminal convictions, the nature of
such conviction(s), if any, and location(s) where activity occurred.
B.
If any change occurs in the information required for the process
or the certification of registration, the Conesus Town Clerk shall
be notified of such change and a new, or amended, certificate filed
within 30 days of such change.
C.
The processing fee for such certificate of registration as listed
in the Town's Schedule of Fees, which shall be issued as a special
use permit, and renewed annually, shall be payable to the Conesus
Town Clerk annually. Any amendment to an existing certificate of registration
shall constitute a fee of $50 payable to the Conesus Town Clerk at
time of filing.
D.
No certificate of registration issued under the provisions of this
article shall be transferable to any person other than the registrant,
nor shall a certificate of registration be transferable for use at
any premise(s), building(s) or location(s) other than stated in the
certificate of registration.
E.
In regards to change of name or address, a registrant may not move
the registered adult use to a new location or a new registrant without
first following the same procedure for the issuance of a new registration
and the payment of the application fee. The registrant shall submit
to the Conesus Town Clerk an application for a change of location,
or registrant, accompanied by the special use permit application fee.
F.
The owner, manager or agent of any adult use shall cause a copy of
the certificate of registration issued under the provisions of this
article to be prominently displayed at all times on the premises,
building or location for which it is issued.
G.
Any knowingly false statement or any statement which the registrant
or applicant should reasonably have known to be false which is provided
in the certificate of registration or any document or information
supplied therewith shall be grounds for denial, rejection, suspension
or revocation of the certificate of registration.
H.
It is a violation of this article for the owner or person in control
of any property to establish or operate thereon or to permit an adult
use without having in force and displayed a certificate of registration
complying with this section.
I.
No adult use shall be conducted in any manner that permits the observation
of any material depicting, describing or relating to specified sexual
activities or specified anatomical areas from any public way or from
any property not registered as an adult use. This provision shall
apply to any display, decoration, sign, show window, screen or other
opening on any structure or portion of the property.
A.
Upon the completion of the investigation of an application by the
Code Enforcement Officer (CEO), and any additional police agency required
by the CEO, the CEO shall submit a written recommendation for approval
or disapproval along with the application to the Town of Conesus Planning
Board to initiate the special use permit process.
B.
If approved, the Town Clerk shall notify the applicant and issue
the certificate of registration upon the payment of the registration
fee.
C.
If disapproved, the CEO shall indicate the reason(s) for the disapproval
either on the application, or in a separate attached written document.
The CEO shall inform the applicant of the disapproval. Notification
of disapproval shall be by certified mail and shall be sent to the
address on the registration application, which shall be considered
to be the correct address and meet requirements for complete and sufficient
notice.
A.
All registration(s) issued under this article shall be classified
as annual registration(s) that shall be paid for on or before October
1 and shall expire on September 30 of the following year. A registrant
beginning business after October 1 and before April 1 may obtain a
new registration upon application thereof and the payment of the appropriate
annual registration fee, and such registration shall expire on the
following September 30. A registrant beginning business after March
31 and before October 1 may obtain a new registration upon application
thereof and the payment of 1/2 of the appropriate annual registration
fee herein required, and such registration shall expire on September
30 of the same year. The provisions of this section shall not affect
any other provisions of the regulation.
B.
A registrant under this section shall be entitled to a renewal of
his or her annual registration from year to year, as a matter of course,
on or before October 1, by presenting the registration for the previous
year or satisfactory evidence of its loss or destruction to the Town
Clerk and by paying the appropriate registration fee. It shall also
be required at this time that the registrant provide a copy of a current
New York State Fire Inspection form issued by the Code Enforcement
Officer showing that the establishment is in total compliance with
all the codes.
A new or renewal application for registration shall be denied:
A.
When the applicant or any of the other individuals listed as having
an interest in the establishment have had their registration previously
suspended or revoked or have been a partner in a partnership or an
officer, director or principal stockholder of a corporation whose
registration has previously been suspended or revoked.
B.
When any false statement is made on the application for registration.
C.
When the applicant or partner in a partnership or an officer, director
or principal stockholder of a former or existing corporation or the
corporation itself has been convicted of a criminal act in this state
or any other state within five years immediately preceding the date
of the application.
D.
Any new corporation formed by an officer, directors or principal
shareholders of a corporation that has been convicted of a criminal
act in this state or any other state within five years immediately
preceding the date of the application.
The certificate of registration issued under this article shall
be revoked immediately if the applicant or partner, officer or principal
stockholder of a former or existing corporation or the corporation
itself is convicted of a criminal act in this state or any other state
during the certificate's span of issuance.
In the interpretation, application and enforcement of the provisions
of this article, the provisions thereof shall be held to be minimum
requirements necessary for the protection of the health, safety and
general welfare of the residents and citizens of the Town of Conesus.
