[HISTORY: Adopted by the Common Council of the City of Cortland 12-16-2003 by L.L. No. 4-2003. Amendments noted where applicable.]
Zoning — See Ch. 300.
The purpose of this chapter is to ensure the preservation of the character and quality of life in City neighborhoods and business areas by regulating adult entertainment businesses in such a manner as to prevent the documented harmful and adverse secondary effects of a concentration or proliferation of adult uses upon surrounding areas such as decreased property values, attraction of transients, increased crimes of prostitution, rape, and assaults in the vicinity of such uses, and the loss of business for surrounding non-adult entertainment businesses.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT ARCADE
- Any place wherein image-producing devices are maintained to show images which are characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
- ADULT BOOKSTORE or ADULT VIDEO STORE
- A business establishment which has as 40% or more of its stock-in-trade, books, magazines or periodicals or other printed materials or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with any specified sexual activities.
- ADULT CABARET
- A nightclub, bar, restaurant or similar commercial establishment in which persons appear in a state of nudity, or which offers live performances which are characterized by the exposure of any specified anatomical area or by the performance or depicting of any specified sexual activity, or films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of any specified sexual activity or any specified anatomical area.
- ADULT ENTERTAINMENT BUSINESS
- A public or private establishment, or any part thereof, which offers any of the herein defined services or products.
- ADULT MOTEL
- A hotel, motel or similar commercial establishment which offers accommodations to the public and which provides patrons with closed-circuit television transmission, films, motion pictures, videocassettes, slides or other photographic or visual reproductions which are characterized by the depiction or description of any specified sexual activity or specified anatomical area.
- ADULT MOTION-PICTURE THEATER
- A theater where films, motion pictures, videocassettes, slides or similar photographic or visual reproductions are shown and which are characterized by the depiction or description of any specified sexual activity or any specified anatomical area.
- ADULT THEATER
- A theater, concert hall, auditorium or similar commercial establishment which provides acts, shows or entertainment by persons who appear in a state of nudity, or who display or exhibit any specified anatomical area, except an establishment which is primarily devoted to theatrical performances.
- A state where a person is bare, naked or unclothed, or displays or exhibits a less than completely and opaquely covered specified anatomical area.
- SEXUAL ENCOUNTER CENTER
- A business that offers physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is displaying any specified anatomical area.
- A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areolae; or
- B. Human male genitals in a state of sexual stimulation or arousal, or in a discernibly turgid state, even if completely and opaquely covered.
- SPECIFIED SEXUAL ACTIVITY
- Any of the following:
- A. Masturbation, sexual intercourse, oral copulation or sodomy.
- B. Fondling or other erotic touching of human genitals, pubic regions, buttocks, anus or female breasts.
- C. Masochism, erotic or sexually oriented torture, flagellation, beating, or the infliction of pain.
- D. Erotic touching, fondling or other such contact between an animal and a human being.
Adult entertainment businesses shall only be permitted in a GB District or GI District by special permit of the Common Council, and are subject to all other zoning district regulations as well as the following special regulations:
No person under the age of 18 years of age shall be admitted to an adult entertainment business or that portion of any such establishment where such use occurs or such materials are stored or displayed.
Adult entertainment business may not be located within 1,000 feet of:
Adult entertainment businesses may not be located within 1,000 feet of another adult entertainment business or upon the same lot or parcel of land with another adult entertainment business.
For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest exterior wall of the building or structure in which such use is located to:
The nearest property line of the lot or parcel of land upon which a church, synagogue or regular place of worship, or public or private elementary or secondary school, or licensed child day-care center or public library is located;
The nearest boundary of a public park or a residential zoning district;
The nearest exterior wall of the building in which another adult entertainment business is located.
No enclosed viewing areas may be provided.
All adult entertainment businesses shall be conducted in an enclosed building. Regardless of location or distance, adult entertainment businesses shall be arranged and conducted so that no observation can be made from the exterior of the building containing an adult entertainment business therein of any specified anatomical area or any specified sexual activity by virtue of any display in or on the building which depicts, exhibits or shows said area or activity. This prohibition shall apply to any display, decoration, sign, or window or other opening, or any other means or method of visual portrayal of information or advertisement.
A violation of any provision of this chapter shall be a Class A misdemeanor, punishable as provided for in the Penal Law.