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.
SPECIFIED ANATOMICAL AREAS
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.
SPECIFIED SEXUAL ACTIVITIES
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.
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.
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.