A.
Purpose. The establishment of certain adult entertainment businesses in the Town and Villages will tend to result in the blighting and deterioration of the community. Accordingly, it is necessary that these businesses be regulated in such a manner as to prevent the erosion of the character of the Town and Villages. It is necessary to regulate the establishment of such adult entertainment businesses within close proximity to residentially zoned areas, schools, churches, parks, playgrounds and amusement arcades so as to minimize the proliferation of criminal activity and a blighting and degrading effect upon surrounding neighborhoods.
B.
Prohibition.
(1)
No person shall cause or permit the establishment of any of the following adult entertainment businesses, as defined in this chapter hereof within 500 feet of any building containing residential dwelling or rooming units or within 1,000 feet of any church, school, park, playground, amusement arcade or existing adult entertainment businesses: adult bookstore, adult cabaret, adult mini-motion-picture theater, adult motion-picture arcade or adult motion-picture theater.
(2)
The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location to any of the uses described in this chapter.
(3)
No adult entertainment business 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 entertainment business. This provision shall apply to any display, decoration, sign, show window, screen or other opening.
C.
Measurement of distances. For the purposes of this section, measurements shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises for an adult entertainment business to the nearest property lines of a building containing a residential dwelling or rooming unit, a church, school or amusement arcade or to the nearest boundary of a park or playground.
D.
Penalties for offenses. Any person violating any provisions of this section shall, upon conviction, be punishable as provided in Town and Village Law.