[Added 8-9-2005 by L.L. No. 4-2005]
A. 
It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Somerset, this article is intended to restrict adult uses to nonresidential and nonbusiness areas of the Town. The Town Board hereby finds that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated. Incidents of crime may increase, property values may diminish and retail trade may be harmed. This article is intended to protect and preserve the quality of neighborhoods, commercial districts and quality of life. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene materials. All possible options and alternative to enactment of this article have been considered. It has been determined that the type of regulation imposed by this article is the least intrusive method.
B. 
The Town Board recognizes that there are secondary impacts associated with adult entertainment establishments that are not appropriate within certain areas of the Town of Somerset. This conclusion was reached through the review of numerous comprehensive secondary impact studies that indicated an increase in crime, prostitution and violence and a decrease in residential property values when adult entertainment establishments are permitted within residential areas.
A. 
General. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.
B. 
Specific terms. As used in this article, the following terms shall have the meanings indicated:
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
An establishment having more than 15% of gross floor area devoted to or 15% of gross revenues derived from the sale or rental of books, magazines, periodicals and other printed matter, photographs, films, motion pictures, DVDs, compact discs, videos, computer software or other visual representations and viewing materials, for sale, lease, rental or viewing on the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities; or an establishment with a segment or section devoted to the sale, lease or display or such material.
ADULT ENTERTAINMENT CABARET
A public or private establishment which may or may not be licensed to serve food and/or alcoholic beverages, which regularly features persons who appear in a state of nudity, topless and/or bottomless dancers, strippers and/or films, motion pictures, videos, slides, compact discs or other photographic reproductions or other visual representations, including computer-generated, which are distinguished or characterized by their emphasis on matter depicting, describing or related to specific sexual activities or specific anatomical areas.
ADULT ENTERTAINMENT ESTABLISHMENT
A public or private establishment which regularly presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers, strippers, topless waitressing, busing or service, topless hair care or massages, service or entertainment where the servers or entertainment are wearing only pasties or G-strings or both, or other adult uses as defined herein.
ADULT MASSAGE PARLOR
A public or private establishment which is used for the provision of the service of stroking, kneading, tapping or vibrating the human body with the hands or other devices, except by those licensed to perform such activities by Title VIII of the New York State Education Law.
ADULT MOTEL
A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, compact discs, computer software or other photographic reproductions or other visual representations which depict, describe or relate to specific sexual activities of specific anatomical areas and which has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions; or offers a sleeping room for rent for a period of time of 10 hours or less; or allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is 10 hours or less.
ADULT MOTION-PICTURE THEATER
An enclosed building or drive-in theater which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities for observation by patrons therein.
ADULT THEATER
A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADULT USE
Any establishment or business which disseminates material, any performance or entertainment or any exhibition or the provision of services distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities and/or specified anatomical areas, including but not limited to adult bookstores, adult entertainment cabarets, adult entertainment establishments, adult mini motion-picture theaters, adult motion-picture theaters, adult motels, adult theaters, escort agencies, nude model studios and sexual encounter centers.
AUDIENCE
One or more persons who are permitted to view a performance for any valuable consideration, in or from a public place.
BUSINESS
Any commercial enterprise, association or arrangement for profit.
DISSEMINATION
The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide or date for any person or who agrees or offers to privately model lingerie or to privately perform a strip tease for another person.
ESCORT AGENCY
A person or business who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary businesses for a fee, tip or other consideration.
ESTABLISHMENT
Means and includes any of the following:
(1) 
The opening or commencement of any business as a new business;
(2) 
The conversion of an existing business, whether or not an adult use to any of the adult use businesses defined in this article;
(3) 
The addition of any of the adult use businesses defined in this article to any other existing adult use business; or
(4) 
The relocation of any adult use business.
PERFORMANCE
Any live or reproduced exhibition, including but not limited to any play, motion-picture film, dance or appearance or other visual representation presented to or performed before an audience.
PERSON
Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
PUBLIC PARK OR RECREATION AREA
Public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, athletic courts, pedestrian/bicycle paths, open space, wilderness area or similar public land within the Town which is under the control, operation or management of the Town, a religious institution, a school or other governmental entity.
RELIGIOUS INSTITUTION
Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities, including education and instruction.
RESIDENTIAL DISTRICT OR USE
A single-family dwelling, two-family dwelling, row dwelling, multifamily dwelling or mobile home park use or district as defined or designated in the Code of the Town of Somerset.
SCHOOL
Any public or private educational facility, including but not limited to child day-care facilities, nursery school, preschool, kindergarten, elementary school, primary school, intermediate school, junior high school, middle school, high school, vocational school, secondary school, continuation school, special education school, junior college, and university. "School" includes the school grounds but does not include the facilities used primarily for another purpose or incidentally as a school.
SIGNAGE
As permitted under § 205-40F(9) of the Code of the Town of Somerset.
SPECIFIED ANATOMICAL AREAS
(1) 
Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
(2) 
Human male genital in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of human masturbation, sexual intercourse or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Adult entertainment establishments, including but not limited to adult bookstores, adult entertainment cabarets, adult massage parlors and adult motion-picture theaters, shall be permitted only in Industrial [Zoning] Districts, subject to the following restrictions:
A. 
No adult entertainment establishment shall be allowed within 1,000 feet of the nearest property line of a residential district, or zoned as a planned unit development (PUD) as defined by Chapter 205 of the Code of the Town of Somerset.
B. 
No adult entertainment establishment shall be allowed within 1,000 feet of the nearest property line of any school, library, church, synagogue or other place of religious worship, child day-center, park, playground or playing field.
C. 
No adult entertainment establishment shall be located within 750 feet of the nearest property line of another existing adult entertainment establishment.
D. 
No more than one adult entertainment use shall be located on any lot.
E. 
No adult entertainment establishment shall violate any federal, state, county or local law or regulation.
A person violates this article if such person operates or causes to be operated an adult use, regardless of whether or not a certificate of registration has been issued for said business under this article, and knowingly or with reasonable cause to know permits, suffers or allows:
A. 
Admittance of a person under 18 years of age to the business premises unless accompanied by a parent or guardian;
B. 
A person under 18 years of age to remain at the business premises unless accompanied by a parent or guardian;
C. 
A person under 18 years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian.
A. 
It shall be a violation of this article if a person operates or causes to be operated an adult use, regardless of whether or not a certificate of registration has been issued for such business under this article, and advertises the presentation of any activity prohibited by any applicable federal, state, or local statute, law, rule or regulation.
B. 
It shall be a violation of this article if a person operates or causes to be operated an adult use, regardless of whether or not a certificate of registration has been issued for such business under this article, and displays or otherwise exhibits the materials and/or performances at such adult use in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such adult use.
C. 
It is a violation of this article if the owner and/or person in control of any property registered as an adult use allows, causes or permits any portions of the interior premises to be visible from outside the premises.
D. 
All off-street parking areas and premises entries of the adult use will be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the business for personal safety of patrons and employees and to reduce the incidents of vandalism and criminal conduct.
A. 
It shall be a violation of this article if a person operates or causes to be operated an adult use, regardless of whether or not a certificate of registration has been issued for such business under this article, and allows such business to remain open for business or to permit any employee to engage in any solicited performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 12:00 midnight and 9:00 a.m. local time of any particular day.
B. 
It shall be a violation of this article if a person working as an employee of an adult use business, regardless of whether or not a certificate of registration has been issued for such business under this article, engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service or solicits a service between the hours of 12:00 midnight and 9:00 a.m. local time of any particular day.
A. 
The owner, manager or agent of a building or premises, any part of which contains an adult entertainment establishment, shall file a site plan with the Planning Board in accordance with § 205-65 and Article XVA showing the following information:
(1) 
The address of the premises.
(2) 
The name and address of the owner of the premises.
(3) 
The name of the business or the establishment subject to the provisions of this article.
(4) 
The names and addresses of the owners, beneficial owners or the major stockholders of the business or the establishment subject to the provisions of this article.
(5) 
The date of initiation of the adult entertainment establishment.
(6) 
The nature of the adult entertainment.
B. 
It is a violation of this article for the owner, manager or agent of any property to establish or operate thereon or to permit any person to establish or operate thereon an adult entertainment establishment without having obtained a special use permit from the Planning Board.
A violation of this article shall be punishable as provided in § 205-61 of this chapter.