[HISTORY: Adopted by the Town Board of the Town of Waterford 3-16-1994 by L.L. No. 2-1994. Amendments noted where applicable.]
It is recognized that adult entertainment enterprises are the subject of some controversy, and the location of enterprises operated within a community are often considered by the residents thereof to be detrimental to the character of the neighborhood and to the perception of the area by others and is liable to exert a negative influence on the development of the surrounding area. Therefore, in order to promote the health, safety and general welfare of the residents of the Town of Waterford and to protect the image of the town, this chapter is intended to regulate the location and manner of adult entertainment enterprises within the Town of Waterford.
As used in this chapter, the following uses shall constitute "adult entertainment enterprises" and have the meanings indicated.
- ADULT BOOKSTORE
- An adult entertainment enterprise having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes.
- ADULT ENTERTAINMENT CABARET
- An adult entertainment enterprise which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar performers.
- ADULT ENTERTAINMENT ENTERPRISE
- Any business which is open to the general public, but excludes patrons under the age of 18 years.
- ADULT THEATER
- An adult entertainment theater that customarily presents motion pictures, films, videotapes or slide shows.
- PEEP SHOWS
- An adult entertainment theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
No person shall engage in an adult entertainment enterprise unless he or she shall first have obtained a license to do so from the Town Clerk no later than two business days before the first date of business. The fee for an adult entertainment enterprise license shall be $1,000. Every licensee must carry the license with him or her when conducting his or her adult entertainment enterprise business.
An application for an adult entertainment enterprise license shall be accompanied by a nonrefundable application fee of $100 and shall provide the following information:
Name, age and address of the applicant's place of residence.
The firm or firms he or she represents, together with copies of documents establishing the firm's residence and address, form of organization, officers of the organization, ownership and qualifications to do business in the State of New York. If a corporation, the names and addresses of all officers and directors shall also be provided.
A brief description of the nature of the business and the type of entertainment to be provided.
The place where the applicant proposes to provide such entertainment and the time during which such entertainment is to be conducted.
Prior criminal convictions of the applicant, other than minor traffic violations.
Whether or not an adult entertainment enterprise license issued to the applicant under this chapter has ever been revoked.
Such other information as may be required by the Town Clerk to promote the purposes of this chapter.
The uses as defined in § 47-2 are to be restricted as to location in the following manner:
Any of the above uses shall not be located within a radius of 1,000 feet of any area zoned for residential use.
Any of the above uses shall not be located within a radius of 1/2 mile of another said use.
Any of the above uses shall not be located within a radius of 1,000 feet of any school, church or other place of religious worship, park, playground or playing field.
Any enterprise providing an adult entertainment cabaret shall provide a stage for the performance of such entertainment, which shall be used by all performers at all times during such performance.
There shall be no audience participation at any time during the performance of any live adult entertainment at an adult entertainment cabaret.
Exposure by individuals. It shall be unlawful for a female at an adult entertainment cabaret to expose that portion of her breast below the top of the areola or to appear before or come in contact with patrons with the portion of her breast below the top of the areola not covered with a fully opaque covering; or for any person, male or female, to show the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered or to appear in any scene, sketch, act or entertainment with breasts (in case of a female) or the lower part of the torso uncovered or so thinly draped as to appear uncovered.
Promoting exposure. It shall be unlawful for any person conducting, maintaining or operating an adult entertainment cabaret, bar and/or lounge, dance hall or discotheque enterprise or any other place of public assembly within the Town of Waterford to suffer or permit any waitress, barmaid, entertainer or other person who comes in contact with or appears before or is likely to come in contact with or appear before patrons with breasts uncovered in such a manner that the portion of the breast below the top of the areola is not covered with a fully opaque covering or the lower part of the torso uncovered or so thinly covered or draped as to appear uncovered or to appear in any scene, sketch, act or entertainment with breasts or the lower part of the torso uncovered or so thinly draped as to appear uncovered. Reference to "breasts" in this section refers to females only. Reference to the "lower part of the torso" refers to both males and females.
Chapter 161, Zoning, of the Code of the Town of Waterford shall apply to all activities for which licenses are sought or granted under this chapter. The town reserves the right to revoke any license which violates such chapter.
Upon receipt of the application, the Town Clerk must either approve the application and issue a license, reject the application or forward it to the Town Board for action. The Town Clerk must act upon each license application received within 10 days of receipt.
The Town Board, upon receipt of a license application from the Town Clerk, may either approve the application and direct the Town Clerk to issue a license or reject the application. Any application rejected by the Town Clerk or forwarded by the Town Clerk to the Town Board shall be reviewed by the Town Board at its next regular monthly meeting or at a special meeting thereof.
When the application is forwarded by the Town Clerk to the Town Board for action, the Town Board at the time of its review of the application may in its discretion schedule a public hearing to be held upon it. In this event, the Town Board shall have an additional 30 days within which to hold the public hearing and to either approve the application and direct the Town Clerk to issue a license or reject the application. Notice of the public hearing shall be published at least once less than 15 days before the date of hearing, in a newspaper of general circulation within Saratoga County. The notice shall state the name of the application, the name of the proposed business, the type of the proposed business, the general location of the proposed business and the date, time and place of hearing.
In approving or rejecting an application, the Town Board and/or the Town Clerk shall consider the following criteria but shall in no way be limited thereby:
The character of the neighborhood in which the applicant proposes to carry on the adult entertainment enterprise.
The changes that the business would bring to the neighborhood and whether these changes would be to the benefit or detriment of the public good, welfare, health, safety or morals.
The nuisance, refuse, litter, noise and adverse health conditions that the business might or will create.
The requirements of police protection and traffic control.
The criminal record of the person(s) applying for the license.
A license issued pursuant to this chapter shall expire on December 31st in the year in which it is issued.
The Town Board, upon complaint of violation of this chapter or other ordinance or any law by the licensee and a hearing upon five days' prior notice to the licensee, may revoke any license for good cause, including, without limitation:
Fraud, misrepresentation or false statement contained in the application for the license.
Fraud, misrepresentation or false statement made in the course of carrying on the adult entertainment enterprise.
Conviction of any crime, misdemeanor or violation of any local law.
Conducting the adult entertainment enterprise in an unlawful manner or in such a manner or to constitute a breach of peace or to constitute a menace to the health, safety or general welfare of the public.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor as a disorderly person and, upon conviction thereof, shall be subject to a term of imprisonment of up to 15 days and/or fined not less than $200 nor more than $1,000 for each offense. Every day or part of a day that a violation of this chapter shall continue shall constitute a separate and distinct offense. Notwithstanding any other provision of this chapter, the license shall be automatically revoked upon conviction of a violation of any provision of this chapter.