The Constitution and
the Legislature of the State of New York have conferred certain powers
upon the governing boards of local municipalities for the purpose
of regulating the uses of property within the boundaries of such municipality
for the purpose of promoting the health, safety, morals or general
welfare of the residents of such municipality. That pursuant to the
grant of such authority by the Constitution and the provisions of
the Town Law, the General Municipal Law, and the Municipal Home Rule
Law, the Town Board of Town of Kendall may enact a local law regulating
the use of property within the Town of Kendall for such purposes.
In some cases, the scope of the authority conferred upon local governing
bodies, in particular, the power or authority to regulate or even
prohibit certain activities, is subject to Federal Constitutional
protections and Congressional Legislative limitations.
It is the purpose of this article to regulate sexually oriented
businesses, to promote the health, safety, morals and general welfare
of the citizens of the Town of Kendall and to establish reasonable
and uniform regulations to prevent the continued harmful effect of
location and concentration of sexually oriented businesses within
the Town of Kendall. These regulations 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 not the intent nor effect of these regulations 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 intended market. Neither
is it the intent nor effect of these regulations to condone or legitimize
the distribution of obscene materials.
A violation of any provision of this article shall constitute a violation and shall be subject to immediate suspension of any permit issued by the Town of Kendall, in addition to the penalties set forth in §
265-5 above. Any permit issued may be suspended for period of up to six months or permanently revoked upon conviction of violation of any provisions of this article.