As used in this article, the following terms shall have the
meanings indicated:
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 are regularly 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 their
emphasis upon matter exhibiting specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE 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 interior business or advertising, or maintains
a substantial section of its sales or display space, for the sale
or rental, for any form of consideration, of any one or more of the
following:
A.
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes, compact discs, slides, or
other visual representations which are characterized by their emphasis
upon the exhibition or display of specified sexual activities or specified
anatomical areas.
B.
Instruments, devices, or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of themselves or others.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
A.
Persons who appear seminude;
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the exhibition or display
of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the exhibition or display of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions; and either:
A.
Offers a sleeping room for rent for a period of time that is
less than 10 hours, or
B.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, 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 regularly features persons who appear in a state
of nudity or seminude, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
The dominant or principal theme of the object referenced.
For instance, when the phrase refers to films "which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas," the films
so described are those whose dominant or principal character and theme
are the exhibition or display of specified anatomical areas or specified
sexual activities.
EMPLOYEE, EMPLOY AND EMPLOYMENT
Describe and pertain to any person who performs any service
on the premises of a sexually oriented business, on a full-time, part-time,
or contract basis, regardless of whether the person is denominated
an employee, independent contractor, agent, or other status. "Employee"
does not include a person exclusively on the premises for repair or
maintenance of the premises or for the delivery of goods to the premises.
ENFORCEMENT OFFICER
The Town Code Enforcement Officer or such person as may be
designated by the Town Board.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
ESTABLISH or ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business;
B.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
C.
The addition of any sexually oriented business to any other
existing sexually oriented business; or
D.
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
NUDITY or STATE OF NUDITY
The showing of the human male or female genitals, pubic area,
vulva, anus, or anal cleft with less than a fully opaque covering,
the showing of the female breast with less than a fully opaque covering
of any part of the nipple, or the showing of the covered male genitals
in a discernibly turgid state.
OPERATE or CAUSE TO BE OPERATED
To cause to function or to put or keep in a state of doing
business. "Operator" means any person on the premises of a sexually
oriented business who is authorized to exercise operational control
of the business or who causes to function or who puts or keeps in
operation the business. A person may be found to be operating or causing
to be operated a sexually oriented business regardless of whether
that person is an owner, part owner, or licensee of the business.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
SEMINUDE or SEMINUDE CONDITION
The showing of the female breast below a horizontal line
across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire
lower portion of the human female breast, but shall not include any
portion of the cleavage of the human female breast, exhibited by a
dress, blouse, skirt, leotard, bathing suit, or other wearing apparel,
provided the areola is not exposed in whole or in part.
SEMINUDE MODEL STUDIO
Any place where a person appears seminude and is provided
to be observed, sketched, drawn, painted, sculptured, or photographed
by other persons who pay money or any form of consideration. "Nude
model studio" shall not include:
A.
A proprietary school licensed by the State of New York or a
college, junior college or university supported entirely or in part
by public taxation;
B.
A private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
C.
A structure:
(1)
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing;
(2)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3)
Where no more than one nude or seminude model is on the premises
at any one time.
SEXUAL ENCOUNTER CENTER
A business or commercial establishment that as one of its
principal 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. The definition of
"sexual encounter establishment" or any sexually oriented businesses
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.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion-picture theater,
adult theater, escort agency, nude model studio, or sexual encounter
center.
SPECIFIED ANATOMICAL AREAS
A.
The human male genitals in a discernibly turgid state, even
if completely and opaquely covered; or
B.
Less than completely and opaquely covered human genitals, pubic
region, buttocks or a female breast below a point immediately above
the top of the areola.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses: prostitution or promotion
of prostitution; dissemination of obscenity; sale, distribution or
display of harmful material to a minor; sexual performance by a child;
possession or distribution of child pornography; public lewdness;
indecent exposure; indecency with a child; engaging in organized criminal
activity relating to a sexually oriented business; sexual assault;
molestation of a child; distribution of a controlled substance; or
any offenses similar to those described above under the criminal or
penal code of other states or countries; for which:
A.
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;
B.
Less than five years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
C.
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 twenty-four-month period.
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The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
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SPECIFIED SEXUAL ACTIVITIES
Any of the following:
A.
The fondling of another person's genitals, pubic region, anus,
or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A and
B above.
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; or
C.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
Sexually oriented businesses are classified as follows:
B. Adult bookstores, adult novelty stores, or adult video stores;
E. Adult motion-picture theaters;
H. Seminude model studios; and
I. Sexual encounter centers.
The Town shall issue a written intent to suspend a license for
a period not to exceed 30 days if it determines that a licensee or
an employee of a licensee has:
A. Violated or is not in compliance with any section of this article;
or
B. Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter.
A licensee shall not transfer his/her license to another, nor
shall a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
A person commits a misdemeanor if the person knowingly allows
a person under the age of 18 years on the premises of a sexually oriented
business.
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 12:00 midnight and 8:00
a.m. on weekdays and Saturdays, and 12:00 midnight and noon on Sundays.
It is a defense to prosecution under §
280-45 that a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licensed by the State of New York; a college,
junior college, or university supported entirely or partly by taxation;
B. By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
C. In a structure:
(1) Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing; and
(2) Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises at any one time.
A person who operates or causes to be operated a sexually oriented
business without a valid license or in violation of this article is
subject to a suit for injunction as well as prosecution for criminal
violations. Such violations shall be punishable by a fine of $200
or 30 days' imprisonment. Each day a sexually oriented business so
operates is a separate offense or violation.