Village of Warsaw, NY
Wyoming County
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[HISTORY: Adopted by the Board of Trustees of the Village of Warsaw 8-30-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 42.
Carnivals, circuses and traveling shows — See Ch. 56.
Noise — See Ch. 102.
Zoning — See Ch. 163.
In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, that such activities are deleterious to the health, welfare and well-being of the Village of Warsaw and those who live within the village and that the concentration of such activities in any one area can and does adversely and seriously endanger the adjacent areas thereto. It is further recognized that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Warsaw. Therefore, it is recognized that special regulation of these uses is necessary to ensure that the adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses and to prevent their accessibility to minors.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on the premises, by use of motion picture devices or any other coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material, which excludes minors by virtue of age.
ADULT ENTERTAINMENT CABARET
A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers, which excludes minors by virtue of age.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, when such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
ADULT MOTION-PICTURE THEATER
An enclosed building, with a capacity of 50 or more persons, used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, when such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.
PERSON
Any person, firm, partnership, corporation, association or legal representative acting individually or jointly.
A. 
Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Adult bookstores, adult cabarets and adult motion-picture theaters are hereby deemed to be regulated uses.
Adult uses, including but not limited to adult bookstores, adult motion-picture theaters, adult mini-motion-picture theaters and adult entertainment cabarets, shall be permitted, subject to the following restrictions:
A. 
No such adult use shall be allowed within 500 feet of another existing adult use.
B. 
No such adult use shall be located within 500 feet of the boundaries of any zoning district which is zoned exclusively for residential uses.
C. 
No such adult use shall be located within 500 feet of a preexisting school, place of worship, cemetery, public or semipublic building, park or playground or other area where large numbers of minors travel or congregate.
[Amended 6-26-2003 by L.L. No. 1-2003]
D. 
No such adult use shall be located in any zoning district except an industrial district.
A. 
The owner of a building or premises, his agent for the purpose of managing or controlling rents or any other person managing or controlling a building or premises, any part of which contains an adult use, shall register the following information with the Village Clerk of the Village of Warsaw:
(1) 
The address of the premises.
(2) 
The name and address of the owner of the premises and the names and addresses of the beneficial owners if the property is in a land trust.
(3) 
The name of the business or establishment subject to the provisions of this chapter.
(4) 
The name(s) and addresses of the owner, the beneficial owner and the major stockholder(s) of the business or the establishment subject to the provisions of this chapter.
(5) 
The date of the initiation of the adult use.
(6) 
The nature of the adult use.
(7) 
If the premises or building is leased, a copy of said lease.
B. 
It is a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult use without having properly registered said adult use with the Village Clerk.
The owner, manager or agent of a registered adult use shall display in a conspicuous place on the premises of the adult use a copy of the registration filed with the Village Clerk.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
A. 
No use as described in this chapter shall be established until the issuance of a special use permit by the Code Enforcement Officer of the village. Applications for such special use permit shall be in writing to the Code Enforcement Officer and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed and such additional information as shall be required by the Code Enforcement Officer. The Planning Board shall call a public hearing for the purpose of considering the request for a special use permit. At least 10 days' notice of the time and place of the public hearing shall be given by the publication of a notice in a newspaper of general circulation in the village, indicating the general nature of the public hearing and the fact that those persons interested therein may be heard at the time and place of such hearing.
[Amended 3-27-1995 by L.L. No. 6-1995]
B. 
A special use permit issued under the provisions of this section shall not be transferable.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.