[HISTORY: Adopted by the Common Council of the City of Cortland 12-16-2003 by L.L. No.
4-2003. Amendments noted where applicable.]
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:
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.
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.
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.
A public or private establishment, or any part thereof, which
offers any of the herein defined services or products.
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.
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.
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.
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.
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
Human male genitals in a state of sexual stimulation or arousal,
or in a discernibly turgid state, even if completely and opaquely
covered.
Any of the following:
Masturbation, sexual intercourse, oral copulation or sodomy.
Fondling or other erotic touching of human genitals, pubic regions,
buttocks, anus or female breasts.
Masochism, erotic or sexually oriented torture, flagellation,
beating, or the infliction of pain.
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:
A.
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.
B.
Adult entertainment business may not be located within 1,000 feet
of:
C.
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.
D.
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:
(1)
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;
(2)
The nearest boundary of a public park or a residential zoning district;
(3)
The nearest exterior wall of the building in which another adult
entertainment business is located.
E.
No enclosed viewing areas may be provided.
F.
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.
