[HISTORY: Adopted by the Town Board of the Town of Lenox 11-8-1999 by L.L. No.
3-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 134.
It is the purpose of this chapter to regulate sexually oriented
businesses, to promote the health, safety, morals, and general welfare
of the citizens of the Town of Lenox, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the Town of Lenox. The provisions
of this chapter 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 this chapter to restrict or deny access by adults to
sexually oriented materials protected by the First Amendment to the
Constitution of the United States, or to deny access by distributors
and exhibitors of sexually oriented entertainment to their intended
market. Neither is it the intent nor effect of this chapter to condone
or legitimize the distribution of obscene materials.
The following words or phrases, used in this chapter, are defined
as follows:
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 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 the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproduction, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities. 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 defined
as an adult bookstore so long as one of its principal business purposes
is the offering for sale or rental for consideration of the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified anatomical areas or specified sexual activities.
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, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description 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;
Offers sleeping rooms for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
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.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies, nude model studios and sexual encounter centers.
See "adult bookstore."
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.
A person or business association who or which furnishes,
offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip or other consideration.
Any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The additions of any sexually oriented business to any other
existing sexually oriented business.
The relocation of any sexually oriented business.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttocks, anus, genitals,
or full female breast.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areolae of the female breast, as well
as portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
The male genitals and/or the female genitals.
Any of the following:
See "nudity."
The increase in floor areas occupied by a sexually oriented
business by more than 25% of the floor area as it exists on the effective
date of this chapter.
Means and includes any of the following:
The sale, lease, or sublease of a sexually oriented business;
The transfer of securities which constitute a controlling interest
in a sexually oriented business, whether by sale, exchange, or similar
means; or
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.
Adult uses shall be a permitted use in any Limited Industrial
District, shall require issuance of a special permit, and shall also
be subject to the following regulations:
B.
An adult use may not be operated within 1,000 feet of another adult
use or on the same lot or parcel of land.
C.
An adult use may not be operated in the same building, structure,
or portion thereof containing another adult use.
D.
For the purposes of this chapter, measurement shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as part
of the premises where an adult use is conducted to the nearest property
line of the premises of a church or public or private elementary,
secondary school or licensed child day-care center or to the nearest
boundary of an affected public park, residential district, or residential
lot.
E.
For the purposes of this chapter, the distance between any two adult
uses shall be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure
in which each business is located.
F.
All adult uses shall be conducted in an enclosed building. Regardless
of location or distance, no one who is passing by an enclosed building
having a use governed by this chapter shall be able to visually see
any specified anatomical area or any specified sexual activity by
virtue of any display which depicts or shows said area or activity.
This requirement shall apply to any display, decoration, sign, window
or other opening.
A.
A person may operate an adult use business only within the Limited
Industrial District(s) in the Town of Lenox in accordance with the
provisions of this chapter.
B.
Prior to the commencement of any adult use business or upon any transfer
of ownership or control, the premises must be inspected and found
to be in compliance with all laws, ordinances, rules and regulations
applicable to the use and occupancy for an adult use business and
compliance with this chapter.
C.
All code enforcement officials, including the Town Code Enforcement
Officer and Town Fire Marshal, shall complete their certification
that the premises is in compliance or not in compliance within 20
days of the inspection of the premises by such officials.
D.
Any owner and/or operator, employee of the owner and/or operator
or agent of the owner/operator shall permit representatives of the
Madison County Sheriff's Office, the New York State Police, county
or state health department, Town Fire Marshal, Town Code Enforcement
Officer, or other Town, county or state department or agencies that
have permitting authority regarding the use and/or premises, to inspect
the premises of an adult use business for the purpose of ensuring
compliance with this chapter at any time it is occupied or open for
business.
An adult use business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the operation of the adult use business, of a church, public or private
elementary or secondary school, public park, residential zoning district,
or a residential lot within 1,000 feet of the adult use business.
It shall be deemed a violation of this chapter if the owner
and/or operator, an employee of the owner and/or operator or an agent
of the owner/operator has:
A.
Violated or is not in compliance with any section of this chapter.
B.
Refused to allow an inspection of the adult use business premises
as authorized by this chapter.
C.
Allowed gambling to occur on the adult use business premises.
D.
Allowed the possession, use or sale of a controlled substance to
occur on the premises.
E.
Allowed prostitution to occur on the premises.
F.
Allowed any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sexual conduct to occur on the premises.
The provisions of this chapter shall be enforced by the same persons and in the same manner as provided for in the Code of the Town of Lenox for Chapter 134, Zoning.
