[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.]
GENERAL REFERENCES
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:
A.Â
Preserve the character and quality of life in the Village neighborhoods
and business areas.
B.Â
Maintain property values.
C.Â
Prevent crime.
D.Â
Protect retail trade.
E.Â
Restrict minors' access to adult businesses.
F.Â
Maintain the general welfare and safety for Village of Fort Edward
residents.
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.)
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.
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.
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.
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:
A.Â
No such adult business shall be allowed within 500 feet of another
adult business.
B.Â
No such adult business shall be located within 500 feet of the boundaries
of any zoning district which is zoned for residential uses.
C.Â
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.
D.Â
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:
A.Â
The address of the premises.
B.Â
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.
C.Â
The name of the business or the establishment subject to the provisions
of this chapter.
D.Â
The date of initiation of the business use.
E.Â
The nature of the business.
F.Â
If the premises or building is leased, a copy of the lease.
A.Â
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.
B.Â
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:
(1)Â
The performance of acts or simulated acts of any sexual activity
or any other sexual acts, which are prohibited by law.
(2)Â
The actual or simulated touching, caressing or fondling of the breasts,
buttocks, anus or genitals.
(3)Â
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.
(4)Â
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.
C.Â
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.
A.Â
Until a license is obtained by the Village, it shall be unlawful
for any person to promote pornography.
B.Â
A person commits the offense of promoting pornography if, knowing
its content and character, he:
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
Participates in that portion of a live performance before an audience
which makes it pornographic.
(6)Â
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.
