[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward 5-1-2000 by L.L. No. 2-2000 (Ch. 45 of the 1985 Code). Amendments noted where applicable.]
Zoning — See Ch. 350.
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the citizens of Fort Edward and to establish reasonable and uniform regulations regarding the location and concentration of adult businesses and the promotion of pornography within the Village. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor the effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; neither is it the intent nor the effect of this chapter to condone or legitimize the distribution of obscene materials. Therefore, it is recognized that special regulation of these adult businesses is necessary to:
As used in this chapter, the following terms shall have the meanings indicated:
- Any person 18 years of age or older. (A minor is any person under the age of 18.)
- ADULT BOOKSTORE
- An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, videos, computer software, other periodicals, films or viewing on the premises, by use of motion-picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or male or female genitalia or anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material, and which establishment customarily excludes any minor by virtue of age.
- ADULT BUSINESS
- An adult bookstore, adult cabaret, massage establishment or any establishment that engages in the use, sale or display of sexually explicit materials or the use of sexually oriented entertainment.
- ADULT CABARET
- A public or private establishment, or any part thereof, which presents any of the following entertainments or services on one or more occasions for the observation by patrons therein and which is operated for profit: topless female dancers; strippers (male or female); male or female impersonators; exotic dancers; topless waitresses, bussing or service; or service or entertainment where the servers or entertainers wear pasties or G-strings, or both. Adult cabarets customarily exclude minors by reason of age.
- To manufacture, issue, publish, sell, lend, distribute, transmit, broadcast, exhibit or present materials or to offer or agree to do the same or to have in one's possession with intent to do the same.
- MASSAGE ESTABLISHMENT
- Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a 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 any establishments which do not receive their primary source of revenue through the administration of massages.
Adult businesses, including but not limited to adult bookstores, adult cabarets and massage establishments, shall be permitted, subject to the following restrictions:
No such adult business shall be allowed within 500 feet of another adult business.
No such adult business shall be located within 500 feet of the boundaries of any zoning district which is zoned for residential uses.
No such adult business shall be located within 500 feet of recreational facilities, a preexisting school, place of worship, cemetery, park or playground or other area where a large number of minors travel or congregate.
Adult businesses may be located only in a Commercial Zone (C1).
The owner of a building or premises, his agent for the purpose of managing or controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult business, shall register the following information with the Village Clerk of the Village of Fort Edward:
The address of the premises.
The name and address of the owner of the premises and the names and addresses of the beneficial owners if the property is in a land trust.
The name of the business or the establishment subject to the provisions of this chapter.
The date of initiation of the business use.
The nature of the business.
If the premises or building is leased, a copy of the lease.
The purpose of this section is to regulate nudity as a form of commercial exploitation, to avoid adverse consequences of having nudity presented in any establishment.
No establishment shall permit entertainment on the licensed premises, whether provided by a professional entertainer(s), employee(s) of the licensed premises or any other person(s), when the entertainment involves:
The performance of acts or simulated acts of any sexual activity or any other sexual acts, which are prohibited by law.
The actual or simulated touching, caressing or fondling of the breasts, buttocks, anus or genitals.
The actual or simulated displaying of the genitals, pubic hair, buttocks, anus or any portion of the female breasts at or below the areola area thereof.
The permitting by any licensee of any person to remain in or upon the licensed premises who exposes to any public view any portion of his or her genitals or anus or female breasts at or below the areola area thereof.
For the purposes of this section, the words "displaying" and "expose" shall mean being unclothed or uncostumed or not covered by fully opaque cloth or textile material or employing any device or covering which is intended to give the appearance of or to simulate the genitals, pubic hair, buttocks, anus or the portions of the female breast at or below the areola area thereof.
Until a license is obtained by the Village, it shall be unlawful for any person to promote pornography.
A person commits the offense of promoting pornography if, knowing its content and character, he:
Disseminates or causes to be disseminated any pornographic material in or from a public place or vehicle or for valuable consideration or has in his possession any pornographic material with intent to so disseminate or knowingly allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him for such dissemination of pornographic material.
Sells an admission ticket or pass to premises where there is being exhibited or is about to be exhibited material or a performance which is pornographic.
Admits, by accepting a ticket or pass, a person to premises where there is being exhibited or is about to be exhibited material or a performance which is pornographic.
Produces, presents, directs or knowingly allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him to be used for a pornographic performance before an audience.
Participates in that portion of a live performance before an audience which makes it pornographic.
Panders, displays publicly or disseminates door-to-door any pornographic material or performance or causes such pandering, public display or door-to-door dissemination.
Any person found guilty of violating this chapter shall be subject to imprisonment not to exceed 15 days or a fine to be fixed by the court not to exceed $1,000, or both.