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 Village of Brockport and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the Village of Brockport. The
provisions of this article have neither the purpose nor effect of
imposing a limitation or restriction on the content of any communicative
material, including sexually oriented materials. Similarly, it is
not the intent nor effect of this article 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 market. Neither is it the intent nor effect
of this article to condone or legitimize the distribution of obscene
materials.
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 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.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
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:
(1)
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
(2)
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
B.
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 the specified materials which
depict or describe specified sexual activities or specified anatomical
areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity;
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 depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
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 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;
B.
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
C.
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 live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
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 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.
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 additions of any sexually oriented business to any other
existing sexually oriented business.
D.
The relocation of any sexually oriented business.
NUDE MODEL STUDIO
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.
NUDITY or STATE OF NUDITY
The appearance of a human bare buttocks, anus, male genitals,
female genitals or full female breast.
PERMITTEE AND/OR LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMINUDE
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.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex.
B.
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 seminudity.
SEXUALLY ORIENTED BUSINESS
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.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business, means the increase in floor
areas occupied by the business by more than 25%, as the floor areas
exist on date of enactment.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business, means and includes any of
the following:
A.
The sale, lease or sublease of the business.
B.
The transfer of securities which constitutes a controlling interest
in the business, whether by sale, exchange or similar means.
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.
The following uses as hereinbefore defined, "adult arcades,"
"adult bookstores or adult video stores," "adult cabarets," "adult
motels," "adult motion-picture theaters," "adult theaters," "escort
agencies," "nude model studios" and "sexual encounter centers," shall
be designated adult uses. Adult uses shall be permitted uses in any
Light Industrial District only, provided that:
A. An adult use may not be operated within 500 feet of:
(1) A church, synagogue or regular place of worship.
(2) A public or private elementary or secondary school.
(3) A boundary of any residential district.
(4) A public park adjacent to any residential district.
B. An adult use may not be operated within 1,000 feet of another adult
use or 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 purpose of this article, 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 or secondary
school or to the nearest boundary of an affected public park, residential
district or residential lot.
E. For purposes of Subsection
D of this section, 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 these provisions 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.