Town of South Bristol, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of South Bristol 12-14-1999 by L.L. No. 2-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 170.
This chapter shall be known as the "Adult Use and Entertainment Establishments Regulation Law."
It is recognized that adult uses and entertainment establishments, because of their very nature, have serious objectionable, operational characteristics when concentrated under certain circumstances and can have a deleterious effect on adjacent areas. 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 primary objectives:
A. 
To preserve the character and the quality of life in the Town of South Bristol's neighborhoods and business areas.
B. 
To control such documented harmful and adverse secondary effects of adult uses on the surrounding areas 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 health, welfare and safety of the Town of South Bristol residents.
As used in this chapter, the following terms shall have the meanings indicated below:
ADULT USE AND ENTERTAINMENT ESTABLISHMENTS
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; adult theaters; escort agencies; nude model studios; and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age and include, but are not limited to, the following:
A. 
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 which are regularly used to show films, motion pictures, video cassettes, slides or other photographic reproductions, 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.
B. 
A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business advertising or where the principal business purpose of such establishment is devoted to the sale or rental, for any form of consideration, to any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, compact disks, computer software or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
(3) 
For purposes of this definition, "principal business purpose" shall mean that 25% or more of any category of business conducted at such establishment is devoted to specified sexual activities or specified anatomical areas.
C. 
A nightclub, bar, nonalcoholic or "juice" bar, restaurant or similar commercial establishment at which the following occurs:
(1) 
Persons who appear nude or in a state of seminudity; or
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
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.
D. 
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations 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 which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and which advertises the availability of sexually oriented types of material by means of a sign visible from a public right-of-way or by means of off-premise advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, posters, radio or television; or
(2) 
Offers sleeping rooms for rent on a regular basis for a period of time that is less than 10 hours; or
(3) 
Allows a tenant or occupant of a room to subrent the room for a period of time that is less than 10 hours.
E. 
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.
F. 
A theater, concert hall, auditorium or similar commercial establishment which for any form of consideration 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.
G. 
A person or business association who furnishes, or offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
A person who, for a fee, tip or other consideration, agrees or offers to agree to any of the following: act as a date for another person; privately model lingerie for another person; or privately perform a striptease for another person.
H. 
Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes his or her specified anatomical areas. The definition of adult use shall not include the practice of massage in any licensed hospital, nor by any licensed physician, surgeon, chiropractor, osteopath or licensed/certified health care practitioner, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
I. 
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 other form of consideration, other than as part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York.
J. 
A business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or exposure of specified anatomical areas, or 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. The definition of "adult uses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of New York engages in medically approved and recognized sexual therapy.
MINOR
A person less than 18 years of age.
A. 
The appearance of the human bare buttocks, anus, male genitals, female genitals, pubic region or areola or nipple of the female breast; or
B. 
A state of dress which fails to opaquely and fully cover human bare buttocks, anus, male genitals, female genitals, pubic region or areola or nipple of the female breast.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
PROMOTE
To manufacture, issue, still, give, provide, lend, mail, deliver, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise or to offer to agree to do the same.
SADOMASOCHISTIC ABUSE
The actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
SEXUAL CONDUCT
Actual or explicity simulated acts of masturbation, homosexuality, sexual intercourse or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such be female, breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
A. 
Unless completely and opaquely covered, human genitals, pubic region, buttocks or female breasts below a point immediately above the top of the areola.
B. 
Even if completely and opaquely covered, male genitals in a discernibly turgid state.
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.
D. 
Excretory functions.
Uses subject to the regulations herein are as follows, and shall be referred to as "regulated uses."
A. 
Adult use and entertainment establishments.
B. 
Adult arcades.
C. 
Adult bookstores or adult video stores.
D. 
Adult cabarets.
E. 
Adult motels.
F. 
Adult motion-picture theaters/adult theaters.
G. 
Escort agencies.
H. 
Massage parlors.
I. 
Nude model studios.
J. 
Sexual encounter centers.
All regulated uses as defined herein may only be created, commenced, operated or otherwise be permitted within the Adult Use (AU) Overlay District within the Town of South Bristol created pursuant to §§ 1-7, 170-5 and 170-11 of the South Bristol Town Code.
A regulated use shall be permitted only in the allowed zoning district as set forth in § 55-5 hereof, and where a special use permit has been granted for same.
All regulated uses shall be conducted in an enclosed building. It shall be a violation to display or exhibit outside of the establishment, through a window or by means of a depiction or decoration, or to allow to be displayed or exhibited, any specified anatomical area or specified sexual activity.
The operator, manager and/or agent of any regulated use shall require proof of age and shall not permit access or admittance to such regulated use establishment to any person less than 18 years of age.
A. 
A completed application for a special use permit on a form to be provided by the town and the application fee shall be submitted to the Code Enforcement Officer. Upon receipt of his report, a public hearing will be scheduled by the Zoning Board of Appeals.
B. 
No regulated use shall be established in the town until the Zoning Board of Appeals has approved a special use permit, subject to the following standards and conditions:
(1) 
Such use shall not be:
(a) 
Within 200 feet of the property line of any parcel used for residential purposes.
(b) 
Within 1,000 feet of the property line of any parcel containing a church, school, day-care facility, park or playground.
(c) 
On the same parcel as another adult use and entertainment establishment.
(d) 
Within 1,000 feet of the property line of another adult use and entertainment establishment, whether or not such other establishment is located within the Town of South Bristol.
(e) 
Within 200 feet of a school bus stop, whether marked or unmarked.
The required separation distances shall be measured from the nearest exterior wall of the building containing the regulated use.
(2) 
All buildings, openings, entries, windows, doors, etc., shall be located, covered or screened in such manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property. All such entries, windows and doors shall conform to the New York State Uniform Fire Prevention and Building Code in all other respects.
(3) 
Parking. All parking shall be off-street, and the number of required spaces shall equal 1/2 the total occupancy load permitted by the New York State Uniform Fire Prevention and Building Code.
(4) 
Signs. All signs shall conform to the provisions of § 170-46 of the South Bristol Zoning Code.
(5) 
The applicant shall specify the exact nature of the adult entertainment uses, the hours of operation and any additional uses that will be carried on in conjunction with the proposed adult entertainment.
(6) 
The applicant shall provide information regarding the status of all other local and state approvals, licenses and/or permits required for the operation of such businesses.
(7) 
The applicant shall provide a complete site plan, drawn to scale and prepared by a New York State licensed land surveyor, professional engineer or registered architect, indicating, the portion of the parcel to be developed in the regulated use, including all required appurtenances, and showing all neighboring properties, owners' names and current uses on both sides of the highway within 1,000 feet of the proposed adult use.
(8) 
If a new structure is to be constructed, the applicant shall provide complete plans that have been prepared, signed and sealed by a New York State registered architect or licensed professional engineer.
C. 
The provisions elsewhere in the Code of the Town of South Bristol regarding special use permits, including but not limited to Article V (§ 170-22 et seq.) shall apply to regulated uses.
D. 
Notwithstanding anything contained in the Code of the Town of South Bristol to the contrary, regulated uses, as herein defined, shall be permitted only within the limits established by the Zoning Board of Appeals, consistent with local law and the New York State Penal Law relating to exposure, obscenity or lewdness, for such use as a condition of any special use permit that such board may issue. Such special use permit shall not be transferable, and upon termination of such special use permit for any reason, said permit shall become null and void.
A. 
Any person, firm, corporation or entity found to be violating any provision of this chapter shall be notified in writing by the Town of South Bristol Code Enforcement Officer, stating the nature of the violation and providing the immediate correction thereof. Such notice shall be served by one of the following methods:
(1) 
Personal service.
(2) 
Certified mail, return receipt requested, addressed to his, her or their last known address of record, as shown in the permit records or as shown on the latest completed assessment roll of the Town of South Bristol.
(3) 
Posting of such notice in a conspicuous place upon the premises affected and a copy thereof mailed, addressed to his, her or their last known address as shown in the permit records or as shown on the latest completed assessment roll of the Town of South Bristol.
B. 
Any person, firm, corporation or entity who shall violate any provision 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 any general agent of a building, premises or part thereof where such violation has been committed or does exist shall be guilty of such an offense.
D. 
Any person, firm or entity violating the provisions of this chapter shall become liable to the town for any expense or loss or damage occasioned the town by reason of such violation.
E. 
The penalties and remedies set forth herein are in addition to all other penalties and remedies provided for by law.
F. 
The imposition of penalties herein prescribed shall not preclude the Town of South Bristol or any person from instituting appropriate legal action or proceedings in a court of competent jurisdiction to prevent a violation of this chapter, or to restrain or enjoin the use and occupancy of a building, premises or part thereof in violation of this chapter.