The purpose of this article is to preserve the character and quality of life in the Town of Sodus, and to control documented harmful and adverse secondary effects of adult uses on surrounding areas, such as decreased property values, attraction of transients, parking and traffic congestion, increased crime (including prostitution, rape and assaults in the vicinity of such uses), loss of nonadult business and deterioration of neighborhoods, and to restrict access to adult uses by minors.
A.
In the interpretation of this chapter, the following rules apply:
(1)
Words used in the present tense include the future tense.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation as well as an individual.
(4)
The word "lot" includes the words "plot" or "parcel."
(5)
The terms "used" and "occupied," as applied to any land or structure, shall be construed to include the words "intended, arranged or designed to be used or occupied."
B. ADULT ARCADE ADULT BOOKSTORE(1) (2) ADULT CABARET(1) (2) ADULT MOTEL(1) (2) (3) ADULT MOTION-PICTURE THEATER ADULT THEATER ADULT USES ADULT VIDEO STORE ESCORT ESCORT AGENCY ESTABLISHMENT(1) (2) (3) (4) NUDITY PERSON SEMINUDE SEXUAL ENCOUNTER CENTER SEXUALLY ORIENTED BUSINESS SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES STATE OF NUDITY SUBSTANTIAL ENLARGEMENT TRANSFER OF OWNERSHIP OR CONTROL(1) (2) (3)
The following definitions shall apply in this chapter:
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.
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, film, motion pictures, videocassettes 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 designed 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 defined 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 of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant 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; or photographic reproductions which are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
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, videocassettes, slides or other photographic reproductions which are characterized by the depiction 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;
Offers sleeping room for rent for a period of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room of a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction 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 area or by specified sexual activities.
Adult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies and sexual encounter centers.
See "adult bookstore".
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.
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.
Any of the following:
The opening or commencement of any sexually oriented business as a new business.
The conversion of an existing business, whether or not a sexually oriented business.
The addition of any sexually oriented business to any other existing sexually oriented business.
The relocation of any sexually oriented business.
The appearance of human bare buttocks, anus, genitals or full female breast.
An individual, proprietorship, partnership, corporation, association or other legal entity.
A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, 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:
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency or sexual encounter center.
The male genitals and/or the vulva or more intimate parts of the female genitals.
Any of the following:
See "nudity".
The increase in floor areas occupied by sexually oriented business by more than 25% of the floor areas as it exists on the effective date of this chapter.
Includes any of the following:
The sale, lease or sublease of a sexually oriented business.
The transfer of securities which constitute a controlling interest in a sexually oriented business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device which 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.