[HISTORY: Adopted by the Board of Trustees of the Village
of Coxsackie 8-11-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
A.
It is recommended that there are some uses which, because of their
very nature, have serious objectionable operational characteristics
under certain circumstances, which produce a deleterious effect upon
adjacent areas. Special regulation of these uses is necessary to ensure
that adverse effects will not contribute to the blighting or downgrading
of the surrounding neighborhood. The Village Board of the Village
of Coxsackie finds it in the public interest to enact these regulations.
The purpose of these regulations is to prevent or lessen the secondary
effects of adult entertainment uses and not to inhibit freedom of
speech.
B.
The unrestrained proliferation and inappropriate location of such
businesses is inconsistent with existing development and future plans
for the Village of Coxsackie in that they often result in influences
on the community which increase the crime rate and undermine the economic
and social welfare of the community. The deleterious effects of these
businesses change the economic and social character of the existing
community and adversely affect existing businesses and community and
family life.
As used in this article the following terms shall have the meanings
indicated:
ADULT BOOK AND/OR VIDEO STOREAn establishment having a substantial or significant portion (more than 25% of merchandise in number, value or bulk and/or more than 10% of floor area) of its stock in trade books, magazines, periodicals or other printed or digital matter or photographs, films, videos, digitalized compact discs, slides or other visual representations, which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, which are for sale, rental or viewing on or off the premises.
ADULT ENTERTAINMENT CABARETA public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators, lingerie models or exotic dancers, or other similar entertainment or films, motion pictures, digitalized compact discs or videos, slides or other photographic or digital material, or which utilizes employees who, as part of their employment, regularly expose patrons to specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, digitalized compact discs or videocassettes, slides or other photographic or digital reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist, or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
ADULT MODEL STUDIOAny place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration, other than models who are paid to model at established art studios.
PEEP SHOWSA theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to specified sexual activities or specified sexual anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
Adult entertainment uses shall be permitted only in the Industrial
Zoning District, subject to the following restrictions:
A.
Adult entertainment uses are prohibited within: 500 feet of any zoning district which is zoned to allow residential use; 500 feet of any single-family, two-family, or multiple-family dwelling, including structures devoted to both residential and commercial or business purposes; 750 feet of any public or private school; 500 feet of any church or other religious facility or institution; or 500 feet of any public park, public bike path, playground or playing field, cemetery, civic or recreational facility (all measured from the lot or district line as set forth in Subsection D).
B.
No adult entertainment use shall be allowed within 500 feet of another
existing adult entertainment use.
C.
No more than one adult entertainment use shall be located on any
lot.
D.
The distances provided hereinabove shall be measured by following
a straight line, without regard to intervening buildings, from the
nearest point of the property parcel upon which the adult entertainment
use is to be located to the nearest point of the parcel of property
or the land use district boundary line from which the adult entertainment
use is to be separated. All distances provided hereinabove shall be
measured from the lot or property line of the particular parcel or
district and not from the structures located thereon.
A.
No adult entertainment use shall be conducted in any manner that
allows the observation of any material depicting, describing or relating
to specified sexual activities or specified anatomical areas from
any public way or from any property not containing an adult entertainment
use. This provision shall apply to any display, decoration, sign,
show, window or other opening.
B.
There shall be no outdoor sign, display or advertising of any kind other than one identification sign limited to only the name of the establishment which would violate Subsection A.
C.
D.
Adult entertainment uses shall meet all other regulations of the
Village of Coxsackie, including but not limited to district lot and
bulk regulations, parking regulations and signage.
E.
It shall be unlawful to operate an adult entertainment use between
the hours of 12:00 midnight and 8:00 a.m. or on Sundays.
F.
In the event that any establishment has as part of its business the
sale or rental of any adult books and/or videos, within 90 days of
the effective date of this article, it shall permit the Code Enforcement
Officer access to its premises to determine whether or not its establishment
falls under the definitions provided for herein. If it falls within
the definition of an adult entertainment use, it will need to comply
with this article. In the event that any portion or its business is
for the rental or sale of adult books or videos, it shall be required
to separate that portion of its establishment where the videos or
books are displayed from the general public in the following manner:
These videos and/or books shall be located in a separate room in the
establishment.
A.
Enforcement. This article shall be enforced by the Code Enforcement
Officer of the Village of Coxsackie as the Code of the Village of
Coxsackie. All enforcement powers of the Code Enforcement Officer
are deemed wholly incorporated herein by reference and shall apply
to all matters in this article. Enforcement shall be in accordance
with Article XIII of the Village of Coxsackie Zoning Ordinance.[1]
B.
Penalties. If there are any specific penalties for a violation of this article or any other law relating to the regulation of sexually oriented businesses, they shall apply to this article. If none shall apply, then the penalties set forth in Chapter 155, Zoning, are incorporated herein and shall apply.
This article shall be known and may be cited as the "Sexually
Oriented Business or Adult Entertainment Businesses or Uses Licensing
Law of the Village of Coxsackie."
The purpose of this article is to regulate the location and
operation of sexually oriented businesses, aka adult use businesses,
within the Village of Coxsackie. The restrictions, regulations and
provisions contained in this article are enacted by the Village Board
for the protection, health, welfare and safety of the people of the
Village of Coxsackie.
As used in this article, the following terms shall have the
meanings indicated:
An establishment having a substantial or significant portion
(more than 25% of merchandise in number, value or bulk and/or more
than 10% of floor area) of its stock in trade books, magazines, periodicals
or other printed or digital matter or photographs, films, videos,
slides or other visual representations, which are characterized by
the exposure or emphasis of specified sexual activities or specified
anatomical areas or instruments, devices or paraphernalia which are
designed for use in connection with specified sexual activities, which
are for sale, rental or viewing on or off the premises.
A public or private establishment which regularly presents
topless and/or bottomless dancers, strippers, waiters or waitresses,
male or female impersonators, lingerie models or exotic dancers, or
other similar entertainment or films, motion pictures, digitalized
compact discs or videos, slides or other photographic material, or
which utilizes employees who, as part of their employment, regularly
expose patrons to specified sexual activities or specified anatomical
areas.
Any place where a person who appears in a state of nudity
or who displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculpted, photographed or similarly depicted
by other persons who pay money or any form of consideration, other
than an accredited art studio which shall be exempt from this provision.
Any motion-picture theater where, for any form of consideration,
films, motion pictures, digital compact discs or videocassettes, slides
or other photographic or digital reproductions are shown, and in which
a substantial portion of the total presentation time is devoted to
the showing of material characterized by an emphasis upon the depiction
or description of specified anatomical areas.
A theater, concert hall, auditorium or similar establishment
which, for any form of consideration, regularly features live performances
characterized by the exposure of specified sexual activities or specified
anatomical areas.
Ethyl alcohol or hydrated oxide of ethyl from whatever source
or whatever process produced.
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid containing alcohol, spirits, wine or beer and
capable of being consumed by a human being.
The person applying for a license to conduct a sexually oriented
business.
The application for a license to operate a sexually oriented
business.
The licensed premises and also any part of a building in
which such premises is contained and any part of any other building
connected with such building by direct access or by a common entrance.
A license issued pursuant to this article.
Any person to whom a license is issued pursuant to this article.
Establishment having a fixed place of business where massages
are administered for pay, including but not limited to massage parlors,
sauna baths or steam baths. This definition shall not be construed
to include a hospital, nursing home or medical clinic or the office
of a physician, surgeon, chiropractor, osteopath, duly licensed physical
therapist or duly licensed massage therapist, or barbershop or beauty
salon, athletic club, health club, school, spa or similar establishment
where massage or similar manipulation of the human body is offered
as an incidental accessory service.
The person responsible for the overall operation and supervision
of a sexually oriented business.
The person who owns a sexually oriented business.
A theater which presents materials distinguished or characterized
by primary emphasis on matters depicting, describing or relating to
specified sexual activities or specified sexual anatomical areas,
in the form of live shows, films or videotapes, viewed from an individual
enclosure, for which a fee is charged.
An individual, partnership, corporation or any other legal
entity.
The premises licensed pursuant to this article and on which
a sexually oriented business may be operated.
Any commercial activity which sells, rents, shows or exhibits,
or makes available for sale, rent, showing or exhibition, any material
or entertainment distinguished or characterized by an emphasis on
depicting or description of specified anatomical areas or of specified
sexual activity and shall include, but not be limited to, adult arcades,
adult markets, adult motion-picture theaters, adult theaters and adult
video rental/sale stores. Accredited art galleries or studios which
may have nude paintings or photos as part of their collection shall
be exempted.
Less than completely opaquely covered human genitals, pubic
region, buttocks and female breast below a point immediately above
the top of the areola, and human genitals in a discernibly turgid
state even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse, oral copulation or
sodomy; or fondling or other erotic touching of human genitals, pubic
region, buttocks or breasts.
A.
No person shall operate a sexually oriented business or adult entertainment
business or use within the Village of Coxsackie without obtaining
a license therefor. This obligation to obtain a license is separate
and apart from any application which may be required for a special
use permit from the Village of Coxsackie Planning Board.
B.
The Village Planning Board shall have the following functions, powers
and duties:
(1)
After a public hearing, to issue or refuse to issue an initial or
renewal license provided for in this article.
(2)
To revoke, cancel or suspend any license provided for in this article
and/or to impose a civil penalty hereinafter described against a licensee,
for cause and after a public hearing. The Village Board may authorize,
by resolution, the Village Court of the Village of Coxsackie to conduct
and adjudicate such hearing under this article or as a violation of
the Zoning Law of the Village of Coxsackie.
(3)
To inspect or provide for the inspection of any premises upon which
a sexually oriented business is operated. The Village Board may delegate,
by resolution, this function/power/duty to the Code Enforcement Officer
of the Village of Coxsackie or the Village Planning Board. This power
to inspect also includes any establishment which sells or rents any
sexually oriented products as defined herein. Inspections shall occur
at least two times a year.
(4)
To prescribe forms of applications for initial and renewal licenses
under this article and of all reports which it deems necessary to
be made by any licensee.
A.
Any person may apply to the Village Planning Board for a license
to operate a sexually oriented business within the Village of Coxsackie
or for a renewal thereof. In the event that a special use permit is
also required, the applications can be made simultaneously.
B.
Such license shall contain a description of the licensed premises
and in form and substance shall be a license to the person therein
specifically designated to operate a sexually oriented business on
the premises therein specifically licensed.
C.
Such license shall be valid for a period of one year from the date
it is issued.
D.
The annual license fee shall be $2,500.
E.
No license shall be granted under this article for any premises which
are located within a distance of 500 feet of any zoning district which
is zoned to allow residential use; 500 feet of any single-family,
two-family or multiple-family dwelling, including structures devoted
to both residential and commercial or business purposes; 750 feet
of any public or private school; 500 feet of any church or other religious
facility or institution; 500 feet of any public park, public bike
path, playground or playing field, cemetery, civic or recreational
facility; or 500 feet of another existing adult entertainment use.
All measurements are from the property line or district line.
F.
No license shall be granted under this article to the following persons:
(1)
A person who is under 21 years of age.
(2)
A person who has been convicted of a felony.
(3)
A person who is not a citizen of the United States or an alien not
lawfully admitted for permanent residence in the United States.
(4)
A partnership or corporation, unless each member of the partnership,
or each of the principal officers and directors of the corporation,
is a citizen of the United States or an alien lawfully admitted for
permanent residence in the United States, is not under 21 years of
age and has not been convicted of a felony.
(5)
A person who has been convicted of any violation of this article
or who shall have had any license issued under this article revoked
for cause, until the expiration of two years from the date of such
conviction or revocation.
(6)
A partnership or corporation, if any partner, officer or director
has been convicted of a violation of this article or shall have had
any license revoked for cause, until the expiration of two years from
the date of such conviction or revocation.
G.
No license shall be granted for any premises unless the applicant
shall be the owner thereof or shall be in possession of said premises
under a lease, in writing, for a term not less than the license period.
A.
Such application shall be in writing and verified and shall contain
such information as the Village Planning Board shall require, not
limited to but including all owners and partners on the property and
business, and shall be submitted on forms provided for that purpose
by the Village Planning Board. Such application shall be accompanied
by a certified check, bank officer's check or draft, or money
order for the amount required by this article for such license and
the application filing fee. In case of applications for renewals,
the Village Planning Board may dispense with such information as it
deems unnecessary in view of the information contained in the application
made for the initial license.
B.
The application filing fee for an initial license shall be $2,500.
The application filing fee for a renewal license shall be $1,000 plus
the Village expenses in connection with the renewal application, including
required inspections.
C.
The application for an initial license or a renewal license must
be filed with the Village Planning Board at a regular meeting thereof.
D.
At its regular meeting next following the meeting at which the application
for an initial license is filed, the Village Planning Board shall
designate a date upon which it will hold a public hearing for the
purpose of hearing all interested persons. Said public hearing shall
be held not more than 45 days after the meeting of the Village Planning
Board at which the date therefor was designated. Notice of said public
hearing shall be published in the official newspapers of the Village
not less than 15 days prior to the date upon which said public hearing
is noticed to be held. Not more than 60 days following the date of
said public hearing, the Village Planning Board shall decide to grant
or to deny the application. The decision of the Village Planning Board
shall be in writing and shall set forth the reasons for its decision
and shall be filed with the Village Clerk. The decision of the Village
Planning Board may be reviewed under Article 78 of the Civil Practice
Law and Rules, provided that the Article 78 proceeding is commenced
within 30 days of the date upon which the decision of the Village
Planning Board is filed with the Village Clerk.
E.
At its regular meeting next following the meeting at which the application
for a renewal license was filed, the Village Planning Board shall
decide to grant or to deny the application. The decision of the Board
shall be in writing and shall set forth the reasons for its decision
and shall be filed with the Village Clerk. The decision of the Board
may be reviewed under Article 78 of the Civil Practice Law and Rules,
provided that the Article 78 proceeding is commenced within 30 days
of the date upon which the decision of the Board is filed with the
Village Clerk.
F.
If there is any change, after the granting of any license, in any
of the facts required to be set forth in the application therefor,
a supplemental statement giving notice of such change, duly verified,
shall be filed with the Village Planning Board within 10 days after
such change. Failure to do so shall, if willful and deliberate, be
cause for revocation of the license and the imposition of a civil
penalty hereinafter described against the licensee. In giving any
notice or taking any action in reference to a licensee or licensed
premises, the Village Board may rely upon the information furnished
in such application and in any supplemental statement connected therewith,
and such information may be presumed to be correct and shall be binding
upon a licensee or licensed premises as if correct. All information
required to be furnished in such application or supplemental statements
shall be deemed material in any prosecution for perjury.
A.
No licensee shall sell, deliver or give away, or cause or permit
or procure to be sold, delivered or given away, any alcohol beverage
for consumption on or off the licensed premises.
C.
No licensee shall permit or suffer any person under the age of 21
years to enter or remain in the licensed premises.
D.
No licensee shall employ or hire or suffer or permit any person under
the age of 21 years to work in the premises.
E.
No licensee shall suffer or permit any gambling in the licensed premises
or suffer or permit such premises to become disorderly.
F.
A license issued to any person pursuant to this article for any licensed
premises shall not be transferable to any other person or persons
or to any other premises or to any other part of the building containing
the licensed premises. It shall be available only to the person or
persons therein specified and only for the premises licensed and no
other.
A.
It shall be unlawful for any female person to appear, work, entertain,
act or display herself in any sexually oriented business or any other
public place in the Village of Coxsackie clothed or costumed in such
a manner that a portion of her breast below the top of the areola
is not covered with a fully opaque covering or in such a manner that
her genitals, pubic area or buttocks are not covered with a fully
opaque covering.
B.
It shall be unlawful for any male to appear, work, entertain, act
or display himself in any sexually oriented business or any other
public place in the Village of Coxsackie clothed or costumed in such
a manner that his genitals, pubic area or buttocks are not covered
with a fully opaque covering.
C.
It shall be unlawful for any person to knowingly conduct, maintain, own, lease, manage, operate or furnish any sexually oriented facility or any other public place in the Village of Coxsackie where a female or male person is not clothed, costumed or covered as required by Subsections A and B of this section, set forth immediately above.
E.
It shall be unlawful to encourage or permit any person in or on the
premises to touch, caress or fondle the breasts, buttocks or genitals
of any other person.
F.
It shall be unlawful to employ or permit any person to wear or use
any device or covering exposed to view which simulates the breasts,
buttocks or genitals of any other person.
G.
It shall be unlawful to employ or permit any person in or on the
premises to perform an act or acts or to simulate the act or acts
of:
H.
It shall be unlawful to employ or permit any person in or on the licensed premises to show motion-picture films, television-type cassettes, still pictures or other photographic or digital reproduction depicting any of the acts or any simulation of any of the acts prohibited in Subsections A through G hereof.
The licensee shall file with the Village Planning Board a bond
to the Village of Coxsackie, issued by a surety company approved by
the New York State Insurance Department and authorized to transact
business in New York State, in the penal sum of $100,000, conditioned
that such licensee will not suffer or permit any violation of the
provisions of this article and that all fines and penalties which
shall accrue during the time the license shall be in effect will be
paid, together with all costs taxed or allowed in any action or proceeding
brought or instituted for a violation of any of the provisions of
this article. A suit to recover on any bond filed pursuant to this
article may be brought by the Village of Coxsackie in a court of competent
jurisdiction and, in the event that the obligor name in such bond
has violated any of the conditions of such bond, recovery for the
penal sum of such bond may be had in favor of the Village of Coxsackie.
Any license issued pursuant to this article may be revoked,
canceled or suspended and/or a civil penalty, hereinafter described,
may be imposed against the licensee for the following causes:
In the event a person, corporation, partnership or other entity,
regardless of whether such is a licensee or not, is found to have
violated any provision of this article, in addition to any other disposition
or sanction allowed for and set forth in this article, a civil penalty
of up to $1,000 may be imposed upon and against such person, corporation,
partnership or other entity for each violation. Each act which is
found to violate any provision of this article shall be deemed a separate
violation, and each day any such act occurs shall be deemed to be
a separate violation.
