As used in this article, the following terms shall have the
meanings indicated:
ADULT ESTABLISHMENT
A commercial establishment which is or includes an adult
bookstore, adult retail store, adult eating or drinking establishment,
adult theater or other adult commercial establishment, or any combination
thereof, as defined below.
A.
ADULT BOOKSTOREA bookstore that offers printed or visual material for sale or rent to customers where a substantial portion of its stock-in-trade of printed or visual material consists of adult printed or visual material, defined as printed or visual material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
B.
ADULT RETAIL STOREA business enterprise where a substantial portion of its stock-in-trade is sexually oriented materials, leather goods which are marketed or presented in a context to suggest their use in connection with specified sexual activities and/or sexually oriented toys and novelties for sale or rent to customers.
C.
ADULT EATING OR DRINKING ESTABLISHMENTAn eating or drinking establishment which regularly features in any portion of such establishment any one or more of the following: live performances which are characterized by an emphasis on specified anatomical areas or specified sexual activities; or films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities; or employees who, as part of their employment, regularly expose to patrons specified anatomical areas; and which is not customarily open to the general public during such features because it excludes or restricts minors.
D.
ADULT THEATERA commercial establishment which regularly features one or more of the following: films, motion pictures, videocassettes, slides, internet images or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities; or live performances which are characterized by an emphasis on specified anatomical areas or specified sexual activities; and which is not customarily open to the general public during such features because it excludes or restricts minors. An adult theater shall include commercial establishments where such materials or performances are viewed from one or more individual enclosures.
E.
Another adult commercial establishment is a facility, other
than an adult bookstore, adult retail store, adult eating or drinking
establishment, adult theater, commercial studio or business or trade
school, which features employees who, as part of their employment,
regularly expose to patrons specified anatomical areas and which is
not customarily open to the general public during such features because
it excludes or restricts minors.
F.
Defined terms:
(1)
For purposes of Subsection
A of this definition, "printed or visual materials" are books, magazines or other printed matter, including product packaging or wrapping, or photographs, films, motion pictures, videocassettes, slides or other visual matter.
(2)
For purposes of Subsections
A,
B,
C and
D of this definition, "specified sexual activities" are:
(a)
Human genitals in a state of sexual stimulation or arousal;
(b)
Actual or simulated acts of human masturbation, sexual intercourse
or sodomy; or
(c)
Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breast.
(3)
For purposes of Subsections
A,
C and
D of this definition, "specified anatomical areas" are:
(a)
Less than completely and opaquely concealed:
[1]
Human genitals, pubic region;
[3]
Female breast below a point immediately above the top of the
areola.
(b)
Human male genitals in a discernibly turgid state, even if completely
and opaquely concealed.
(4)
For purposes of Subsection
B of this definition, "sexually oriented materials, toys and novelties" are instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs, except medical devices approved by the Food and Drug Administration.
(5)
For purposes of Subsections
C,
D and
E of this definition:
(a)
"Regularly features" or "regularly exposes" shall mean that
inspections on multiple days at multiple times establish that there
is occurring on a frequent, ongoing basis, with the inspector observing
any of the following or combination thereof:
[1]
Observation of entertainment.
[6]
Any other relevant indicia.
(b)
Adult entertainment should be a principal form of entertainment
at the establishment. For theaters, adult entertainment should be
the principal purpose of the theater showing the adult material. "Regularly
feature" or "regularly expose" is not intended to cover establishments
that offer adult entertainment on an occasional basis.
(6)
For the purpose of Subsections
A and
B of this definition, a "substantial portion" of a store's stock-in-trade consists of adult printed, visual or retail material or sexually oriented materials, leather goods which are marketed or presented in a context to suggest their use in connection with specified sexual activities and/or sexually oriented toys and novelties if more than 10% of the stock-in-trade or sales and display area is devoted to adult printed, visual or retail material, sexually oriented materials, unless all of the adult printed, visual or retail material, sexually oriented toys and novelties are separated from other sales and display areas by an opaque wall at least eight feet in height with a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area.
(7)
For the purposes of Subsection
C of this definition, an "eating or drinking establishment" includes:
(a)
Any portion of a commercial establishment within which food
or beverages are offered for purchase or are available to or are consumed
by customers or patrons; and
(b)
Any portion of a commercial establishment from which a portion of a commercial establishment described in Subsection
F(7)(a) above is accessible by customers or patrons.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses, as defined in the New York
State Penal Law, or any similar offenses under the criminal or penal
code of other states or countries:
A.
Prostitution offenses; obscenity and related offenses; sexual
performance by a child; possession or distribution of child pornography;
offenses against public sensibilities; sex offenses; unlawfully dealing
with a child.
B.
For which:
(1)
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(2)
Less than five years have elapsed since the date of conviction
or the date of release from confinement for the last conviction, whichever
is the later date, if the conviction is of a felony offense; or
(3)
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any two-year period.
C.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease or sublease of the business.
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
C.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business.