This chapter shall be known and may be cited as "Adult Uses Law" within the Village of Bath, New York. The purpose of this chapter is to protect the public health, safety and welfare and the tranquility in all zoning districts within the Village of Bath, New York, while developing adequate regulations which may be uniformly developed to prevent any deleterious secondary effects and public nuisances that may be associated with adult uses.
The Board of Trustees hereby finds that studies conducted by other communities establish that adult entertainment uses encourage adverse secondary impacts on the community and that these uses, by their very nature, not only lead to an increase in prostitution, sexual assault and other crimes in the immediate vicinity of such businesses, but also significantly contribute to the degradation and blighting of the entire municipality. The Board of Trustees further finds that the promotion of urban revitalization and preservation of community character by controlling the adverse secondary impacts associated with adult-oriented businesses are legitimate goals and that the Village Law of the State of New York grants ample authority to adopt appropriate land use controls.
A. 
In the interpretation of this chapter, the following rules apply:
(1) 
Words used in the present tense include the future tense;
(2) 
The singular includes the plural;
(3) 
The word "person" includes a corporation as well as an individual;
(4) 
The word "lot" includes the words "plot" or "parcel"; and
(5) 
The term "used" or "occupied" is applied to any land or structure and shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ADULT USE
The use of any building, structure or land, or portion thereof, for any purposes involving activities including but not limited to, the establishments defined below.
ADULT-ORIENTED BUSINESS
A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless or bottomless dancers, strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or g-strings or both; adult arcades; adult video stores; adult cabarets; adult motels; peep shows; adult motion-picture theaters; adult theaters; adult drive-in theaters; escort agencies; nude model studios; and sexual encounter centers. An adult use and entertainment establishment shall also include any establishment which customarily excludes minors by reason of age.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors or other image-producing devices regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions, are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business advertising to the sale or rental for any form of consideration any one or more of the following:
(1) 
Books, magazines periodicals or other printed matter or photographs, films, motion picture, videocassettes or video reproductions, slides, compact disks, computer software, or other visual representations which depict or describe specified sexual activities or specified anatomical areas;
(2) 
Instruments, devices or paraphernalia designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of oneself or others; or
(3) 
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration that specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, "principal business purpose" shall mean 25% or more of any of the following:
(a) 
The number of different titles or kinds of such merchandise;
(b) 
The number of copies or pieces of such merchandise;
(c) 
The amount of floor space devoted to the sale and or display of such merchandise; or
(d) 
The amount of advertising which is devoted to such merchandise, either in print or broadcast media.
ADULT CABARET
A nightclub, bar, nonalcoholic or juice bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear nude or in a state of seminudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
Films, motion pictures, videocassettes, slides, or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions characterized by, the depiction or description of specified sexual activities or specified anatomical areas and which advertise the availability of adult-oriented type of material by means of a sign visible from a public right-of-way, or by means of off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
(2) 
Offers sleeping rooms for rent on a regular basis for a period of time less than eight hours or allows a tenant or occupant of a room to subrent the room for a period of time less than eight hours.
ADULT DRIVE-IN THEATER
A drive-in theater where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown, characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which for any form of consideration regularly features persons who appear in a state of nudity or live performances characterized by the exposure of specified anatomical areas or by specified sexual activities.
PEEP SHOWS
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and characterized by exposure of specified sexual activities or specified anatomical areas.
ESCORT AGENCY
A person or business association which furnishes, or offers to furnish, or advertises to furnish, escorts as one of its primary business purposes for a fee, tip or other consideration.
ESCORT
A person who, for a fee, tip or other consideration agrees or offers to:
(1) 
Act as a date for another person for consideration;
(2) 
To privately model lingerie for another person; or
(3) 
To privately perform a striptease for another person.
MASSAGE PARLOR
Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto, exposes his or her specified anatomical areas. This definition of "massage parlor" shall not include the practice of massage in any licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any person or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
MASSAGE TECHNICIAN
Any individual who administers a massage to another individual at a massage parlor. This definition shall not include any health care practitioner duly licensed by the State of New York.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, other than as part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate or consort for the purpose of specified sexual activities or exposure of specified anatomical areas or activities between male and female persons and or persons of the same sex when one or more of the persons is in a state of nudity or seminude. The definition of "sexual encounter center" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
MINOR
A person less than 18 years of age.
NUDITY or A STATE OF NUDITY
The appearance of:
(1) 
Human bare buttocks, anus, male genitals, female genitals, or areola or nipple of the female breast; or
(2) 
A state of dress which fails to opaquely and fully cover human bare buttocks, anus, male genitals, female genitals, pubic region or areola or nipple of female breast.
PERSONS
An individual, proprietorship, partnership, corporation, association, or other legal entity.
PROMOTE
To manufacture, issue, sell, give, provide, lend, mail, deliver, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise or to offer or agree to do the same.
SADOMASOCHISTIC ABUSE
Actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or in the condition of being fettered, bound or otherwise physically restrained.
SEXUAL CONDUCT
Actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse, lap dancing or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or if such be female, breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
SPECIFIED ANATOMICAL AREAS
(1) 
Unless completely and opaquely covered, human genitals, pubic region, buttocks, or breasts below a point immediately above the top of the areola; and
(2) 
Even if completely and opaquely covered, male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or breasts;
(2) 
Sex acts, normal or perverted, actual or simulated; physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or if such person is female, breast; including intercourse, oral copulation or sodomy;
(3) 
Masturbation, actual or simulated;
(4) 
Excretory functions as part of or in connection with activities set forth in Subsections (1), (2) and (3) above.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, or sexual encounter center.
SUBSTANTIAL ENLARGEMENT
The increase in floor areas occupied by a sexually oriented business by more than 25% of the first floor area as it exists on the effective date of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
(1) 
The sale, lease or sublease of a sexually oriented business.
(2) 
The transfer of securities which constitutes a controlling interest in a sexually oriented business, whether by sale, exchange or similar means.
(3) 
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of a sexually oriented business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
For the purpose of promoting the health, safety, morals and general welfare of the community, the Village of Bath hereby establishes an Adult Entertainment (AE) District which is in addition to the districts previously established in Chapter 119, Zoning, of the Code of the Village of Bath. The Adult Entertainment (AE) District shall include such lands as may be placed in it from time to time by action of the Board of Trustees of the Village of Bath.
A. 
The boundaries of the AE District are established as shown on the map entitled the "Zoning Map of the Village of Bath" and called the "Zoning Map" in this chapter and in Chapter 119. The Zoning Map, including all of the explanatory material on it, is made a part of this chapter as well as Chapter 119 of the Code of the Village of Bath.
B. 
The Village Clerk shall certify the Zoning Map as part of this chapter and shall keep it on file in her office.
C. 
Any changes in the district boundaries shall be made in accordance with Chapter 119 of the Code of the Village of Bath.
D. 
Any local law making a change in district boundaries shall provide for its immediate entry upon the Zoning Map.
District boundaries shall be interpreted pursuant to Chapter 119 of the Code of the Village of Bath.