[HISTORY: Adopted by the Board of Trustees
of the Village of Shortsville 1-8-2002 by L.L. No. 1-2002. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 95.
This chapter shall be known as the "Adult Use
and Entertainment Establishments Regulation Law" of the Village of
Shortsville.
It is the purpose of this chapter to regulate
the creation, opening, commencement and/or operation of adult use
and entertainment establishments, as herein defined, in order to achieve
the following:
A.
To preserve the character and the quality of life
in the Village of Shortsville's neighborhoods and business areas.
B.
To control such documented harmful and adverse secondary
effects of adult uses on the surrounding areas, such as decreased
property values, attraction of transients, parking and traffic problems,
increased crime, loss of business for surrounding nonadult businesses
and deterioration of neighborhoods.
C.
To restrict minors' access to adult uses.
D.
To maintain the general welfare and safety of the
Village of Shortsville's residents.
As used in this chapter, the following terms
shall have the meanings indicated:
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 depicting or describing
specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of
its principal business purposes, offers for sale or rental for 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 which
are primarily intended, labeled, designed, advertised or promoted
for use in connection 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, so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas. For purposes of this definition, "principal
business purpose" shall mean 25% or more of any of the following:
The number of different titles or kinds of such
merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale
and/or display of such merchandise; or
The amount of advertising which is devoted to
such merchandise, either in print or broadcast media.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which 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 which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A hotel, motel or similar commercial establishment which
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
which 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 which advertises the availability of
this adult type of photographic reproductions.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which 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.
A public or private establishment, or any part thereof, which
presents any of the following entertainments, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings, or both;
adult arcades; adult bookstores or adult video stores; adult cabarets;
adult motels; adult motion-picture theaters; escort agencies; nude
model studios; and sexual encounter centers. Adult use and entertainment
establishments customarily exclude minors by reason of age.
A person who, for a fee, tip or other consideration, agrees
or offers to act as a date for another person; for consideration,
agrees or offers to privately model lingerie for another person; for
consideration, agrees or offers to privately perform a striptease
for another person; or, for consideration but without a license granted
by the State of New York, agrees or offers to provide a massage for
another person.
A person or business association who or which furnishes,
or offers to furnish, or advertises to furnish, escorts as one of
its primary business purposes for a fee, tip or other consideration.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly 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 specified anatomical areas.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
specified anatomical areas, 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, 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.
Unless completely and opaquely covered, human genitals, pubic
region, buttocks or breasts below a point immediately above the top
of the areola; and, even if completely and opaquely covered, male
genitals in a discernibly turgid state.
Includes any of the following:
All adult use and entertainment establishments,
as defined herein, may only be created, opened, commenced or operated
within the Industrial (M-1) Zoning District within the Village of
Shortsville created pursuant to § 95-6 of the Code of the
Village of Shortsville.
A.
An adult use and entertainment establishment shall be allowed only in the allowed zoning district set forth in § 31-4 hereof and, within such a district, shall not be allowed:
(1)
Within 500 feet of the boundary of any residential
zoning district in the Village;
(2)
Within 500 feet of the property line of a parcel used
for residential purposes in the Village;
(3)
Within 500 feet of the property line of a parcel containing
a church, school, day-care facility, park or playground within the
Village;
(4)
On the same parcel as another adult use and entertainment
establishment; or
(5)
Within 1,000 feet of the property line of another
adult use and entertainment establishment, whether or not such other
establishment is located in the Village.
B.
The above distances of separation shall be measured
from the nearest exterior wall of the portion of the structure containing
the adult use and entertainment establishment.
C.
Any or all of the above requirements may be waived, at the sole discretion of the Zoning Board of Appeals, upon the receipt of a petition, signed by at least 51% of the residents and 51% of the owners of properties within 500 feet of the property line of the proposed establishment requesting such waiver, and a finding by the Zoning Board of Appeals that the waiver will not result in the adverse secondary impacts identified in § 31-2 of this chapter.
All adult use and entertainment establishments
shall be conducted in an enclosed building. It shall be a violation
to display or exhibit (in the open air, through a window or by means
of a sign, depiction or decoration), or to allow to be displayed or
exhibited, any specified anatomical area or specified sexual activity.
A.
Any person, firm, corporation or entity found to be
violating any provisions of this chapter shall be served with a written
notice by the Code Enforcement Officer or his designee stating the
nature of the violation and providing for immediate correction thereof.
Such notice shall be served by one of the following methods:
(1)
By personal service;
(2)
By certified mail, return receipt requested, addressed
to his or its last known address as shown on the latest completed
assessment roll of the Town of Manchester; or
(3)
By posting of such notice in a conspicuous place upon
the premises affected and a copy thereof mailed, addressed to his
or its last known address as shown on the latest completed assessment
roll of the Town of Manchester.
B.
Any person, firm, corporation or entity who or which
shall violate any portion of this chapter shall be guilty of a violation
and, upon conviction thereof, shall be fined in an amount not to exceed
$500 for each violation. The continuation of a violation of the provisions
of this chapter shall constitute, for each day the violation is continued,
a separate and distinct offense hereunder.
C.
The owner and/or any occupant and/or any tenant and/or
general agent of a building, premises or part thereof where such a
violation has been committed or does exist shall be guilty of such
an offense.
D.
Any person, firm, corporation or entity violating
any of the provisions of this chapter shall be liable to the Village
for any expense or loss or damage occasioned by the Village by reason
of such violation.
E.
The imposition of penalties herein prescribed shall
not preclude the Village or any person from instituting appropriate
legal action or proceedings to prevent a violation of this chapter
or to restrain or enjoin the use or occupancy of a building, premises
or part thereof in violation of this chapter.
