[HISTORY: Adopted by the Town Board of the Town of Williamson 7-26-1994 by L.L. No. 2-1994. Amendments noted where applicable.]
Zoning — See Ch. 178.
This chapter shall be cited as the "Town of Williamson Adult Use Law."
It is the intent 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 Town of Williamson and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the town. The primary purposes of this chapter are as follows:
To preserve the character and quality of life in town neighborhoods and business areas.
To control such documented harmful and adverse secondary effects of adult uses on the surrounding areas as:
To maintain property values.
To prevent crime.
To protect retail trade.
To restrict minors' access to adult uses.
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 a specified sexual activity or specified anatomical areas.
- A. 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:
- (1) 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.
- (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
- B. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing special sexual activities or specified anatomical areas and still be categorized as an "adult bookstore" or "adult video store." Such other business purposes will not serve to exempt such commercial establishments from being 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 that depict or describe specified sexual activities or specified anatomical areas. A "principal business purpose" shall mean more than 1/4 of the business is devoted to the sale, rental or display of such materials as determined by any of the following:
- (1) The number of different titles of printed or visual or audio materials of any kind that are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
- (2) The number of copies of printed or visual or audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
- (3) The amount of floor space devoted to the sale and display of printed or visual or audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
- (4) The dollar amount of sales of printed or visual or audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
- (5) The amount of on-site advertising which can be viewed by passersby or the amount or cost of advertising in print or broadcast media devoted to printed, visual or audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
- A. Persons who appear in a state of nudity or seminudity;
- B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
- C. Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
- ADULT MOTEL
- A hotel, motel or similar commercial establishment which:
- A. 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;
- B. Offers sleeping rooms for rent for a period of time that is less than 10 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 10 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 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 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.
- ADULT USES
- Adult arcades, adult book stores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies, nude model studios and sexual encounter centers.
- ADULT VIDEO STORE
- 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.
- Any of the following:
- 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.
- 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.
- SEXUAL ENCOUNTER CENTER
- A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
- 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
- Any of the following:
- STATE OF NUDITY
- See "nudity."
- TRANSFER OF OWNERSHIP OR CONTROL
- Includes any of the following:
- A. The sale, lease or sublease of an adult use.
- B. The transfer of securities which constitute a controlling interest in an adult use, whether by sale, exchange or similar means.
- C. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of an adult use, except for transfer by bequest or other operation of law upon the death of the person possession the ownership or control.
Adult uses shall be a permitted use in any Industrial District, provided that:
An adult use may not be operated within 1,000 feet of another adult use or on the same lot or parcel of land as another adult use.
An adult use may not be operated in the same building, structure or portion thereof containing another adult use.
For the purposes 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 part of the premises where an adult use is conducted to the nearest property line of the premises of a church or public or private elementary, secondary school or licensed child day-care center or to the nearest boundary of an affected public park, residential district or residential lot.
For the purposes of this chapter, the distance between any two adult 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.
All adult uses 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 this chapter shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display that depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
Notwithstanding any other town ordinance, code or regulation to the contrary, it shall be unlawful for the owner or operator of any sexually oriented business or any other person to erect, construct or maintain any sign for the sexually oriented business other than the one primary sign and one secondary sign, as provided herein.
Primary signs shall have no more than two display surfaces. Each such display surface shall:
Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner and may contain only the names of the enterprise.
Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
A person may operate an adult use business in the Town of Williamson only in accordance with the provision of this chapter and Chapter 178, Zoning, of the Code of the Town of Williamson.
Prior to the commencement of any adult use or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for an adult use and compliance with this chapter.
All Code Enforcement Officials, including the Town Building Inspector and Town Zoning Enforcement Officer, shall complete their certification that the premises is in compliance or not in compliance, within 20 days of the inspection of the premises by such officials.
Any owner and/or operator, employee of the owner and/or operator or agent of the owner/operator shall permit representatives of the Wayne County Sheriff's Office, the New York State Police, the County or State Health Department, the Town Building Inspector, the Town Code Enforcement Officer or other town, county or state department or agencies that has permitting authority regarding the use and/or premises to inspect the premises of an adult use for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.
Any adult use lawfully operating on the effective date of this chapter that is in violation of the location or structural configuration requirements of this chapter shall be deemed a nonconforming use. The continuation of the same use of substantially the same character and intensity shall be allowed. The nonconforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two or more adult use businesses are within 1,000 feet of one another and otherwise in a permissible location, the adult use that was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
An adult use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult use business, of a church, public or private elementary or secondary school, public park, residential zoning district or a residential lot within 500 feet of the adult use business.
It shall be deemed a violation of this chapter if the owner and/or operator, an employee of the owner and/or operator or an agent of the owner/operator has:
Violated or is not in compliance with any section of this chapter.
Refused to allow an inspection of the adult use business premises as authorized by this chapter.
Had gambling occur on the adult use business premises.
Had the possession, use or sale of a controlled substance occur on the premises.
Had prostitution occur on the premises.
Had any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct occur on the premises.