[Adopted 2-13-1985 by L.L. No. 2-1985 (Ch. 367 of the 1985 Code)]
As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER The Commissioner of the Suffolk County Department of Consumer Affairs.
DEPARTMENT The Suffolk County Department of Consumer Affairs.
DEVIATE SEXUAL INTERCOURSE Sexual conduct between persons consisting of contact between the penis and the anus, the mouth and penis or the mouth and the vulva.
MATERIAL Anything tangible which is capable of being used or adopted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
NUDITY The showing of the human male or female genitals, pubic area or buttocks, with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
OBSCENE Material which:
A. Considered as a whole, predominantly appeals to the prurient interest in sex of individuals;
B. Is patently offensive to prevailing standards in the adult community as a whole, with respect to what is suitable material; and
C. Considered as a whole, lacks serious literary, artistic, political and scientific value.
PERFORMANCE Any visual representation exhibited before a person.
PERSON Individuals; natural persons; partnerships; joint ventures; societies; associations; clubs; corporations; unincorporated groups of any members; officers, directors or stockholders or any kind of personal representative thereof, in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.
PREMISES Any public or quasi-public place, building or store where the public may enter.
PROPRIETOR Any person who, as the owner, lessee or proprietor, has under his or its control any establishment, place or premises, in or at which material portraying obscene sexual performance is placed or kept for use or sale or on exhibition for the purpose of use or sale.
SADOMASOCHISTIC ABUSE Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL PERFORMANCE A. Contact between any part of the genitals of one person and the genitals, mouth or anus of another person.
B. Contact between a person's mouth, anus or genitals and the mouth, anus or genitals of an animal or fowl.
C. Manipulation of a person's genitals.
D. Actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse or lewd exhibition of the genitals.
E. Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breasts.
SIMULATED The explicit depiction of any of the conduct set forth in the definition of "sexual performance" above which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals or buttocks.
The Commissioner is hereby authorized to issue and promulgate such rules and regulations as he may deem necessary to implement and carry out the provisions of this article.
[Adopted 8-24-2004 by L.L. No. 29-2004 (Ch. 388, Art. I, of the 1985 Code)]
As used in this article, the following terms shall have the meanings indicated:
INSTRUMENTALITY OF AN OFFENSE Any property the use of which contributed directly and materially to the commission of an offense as defined in this article.
OFFENSE A violation of any section of Article 263 of the Penal Law of the State of New York.
PROPERTY Any vehicles, airplanes, boats, vessels, computers, equipment or any personal thing of value or any interest in a thing of value.
REAL PROPERTY Includes land, buildings, fixtures, appurtenances, and improvements thereon.
The County Attorney shall issue and promulgate such rules and regulations as shall be necessary to implement the provisions of this article.
This article shall apply to all actions and transactions occurring on or after the effective date.