The Town Board hereby finds that certain business activities,
by their nature, have serious objectionable operation characteristics
which can lead to a significant impact on the surrounding community.
The Town Board further finds that the unrestrained proliferation of
such businesses is inconsistent with existing development and future
plans for the Town of North Castle in that they often result in influences
on the community which increase the crime rate and undermine the economic,
moral and social welfare of the community. The deleterious effects
of these businesses change the economic, social and moral character
of the existing community and adversely affect existing businesses
and community and family life. As business activity drops off and
the quality of life deteriorates, merchants and families move away
from the area leaving it in a vacant and depressed state. The purpose
of this article is to prevent the unrestricted proliferation of such
businesses and to ensure that the effects of such businesses will
not adversely affect the health, safety and economic well-being of
the community by enacting criteria for the placement, construction
and/or permitting of adult entertainment uses in the Town.
As used in this article, the following terms shall have the
meanings indicated:
A person, establishment or business, whether retail or wholesale,
having as more than a minimal portion of its stock-in-trade recordings,
books, magazines, periodicals, films, video tapes/cassettes or other
viewing materials for sale or viewing on or off the premises which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to sexual activities or sexual anatomical areas.
For purposes of this definition, "minimal portion" means 10% of gross
sales or receipts for any calendar year.
A public or private establishment which presents topless
dancers, bottomless dancers, strippers, male or female impersonators
or exotic dancers, or other similar entertainments, and which establishment
is customarily open to the public generally but excludes any minor
by reason of age.
A motel which is open to the public generally but excludes
minors by reason of age or which makes available to its patrons in
their rooms films, slide shows or videotapes which, if presented in
a public movie theater, would be open to the public generally but
would exclude any minor by reason of age.
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by primary emphasis on matter depicting, describing or relating to
sexual activities or sexual anatomical areas for observation by patrons.
Any activity covered by the definitions of "adult bookstore,"
"adult motion-picture theater," "adult entertainment cabaret," "adult
motel" and "massage establishment."
Any person, firm, association, partnership, corporation or
other entity for profit.
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include a hospital, nursing home, medical clinic or the office
of any health-care practitioner duly licensed by the State of New
York, nor barbershops or beauty salons in which massages are administered
only to the scalp, the face, the neck or the shoulder. This definition
shall not include a volunteer fire department, a volunteer rescue
squad or a nonprofit organization operating a community center, swimming
pool, tennis court or other educational, cultural, recreational or
athletic facilities and facilities for the welfare of the residents
of the area.
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health-care practitioner duly licensed by the State of New York.
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such person is female, breast.
No business or person shall construct, establish or be issued
a certificate of occupancy for any adult entertainment use within
the Town of North Castle unless they have applied for and obtained
a permit from the Town Board. To receive such a permit, the applicant
must satisfy the following criteria:
A.
No more than one of the adult entertainment uses as defined above
shall be located on any lot.
B.
No adult entertainment use shall be established or permitted in any
building of which any part is used for residential purposes.
C.
No residential use shall be established in a building of which any
part is used as an adult entertainment use.
D.
No adult entertainment use shall be established closer than 500 feet
from any lot line of any other adult entertainment use.
E.
No adult entertainment use shall be established closer than 500 feet
from the lot line of any residential district, which shall include
any zoning district that permits residential use.
F.
No adult entertainment use shall be established closer than 500 feet
from the lot line of any church, community center, funeral home, school,
day-care center, hospital, alcoholism center or drug treatment center,
counseling or psychiatric treatment facility or public park.
G.
The applicant must meet all other regulations of the Town of North
Castle, including but not limited to district lot and bulk regulations,
parking regulations and signage requirements.
Any business or person currently operating an adult entertainment use within the Town of North Castle that fails to conform to the requirements of § 140-33 of this article shall cease such use in accordance with the following amortization schedule:
|
Amount of Capital Investment
(as of effective date of article)
|
Date Before Which Use Shall Terminate
|
|---|---|
|
$0 to $25,000
|
June 1, 1993
|
|
$25,001 to $50,000
|
June 1, 1994
|
|
$50,001 to $75,000
|
June 1, 1995
|
|
$75,001 to $100,000
|
June 1, 1996
|
|
$100,001 or more
|
June 1, 1997
|
Any person committing an offense against any provision of Article II of this chapter shall be guilty of a violation punishable by a fine for a first violation not to exceed $350; for a second violation within five years, a minimum fine of $350 and a maximum fine of $700; and for a third or subsequent violation within five years, a minimum fine of $700 and a maximum fine of $1,000, or by imprisonment for a period not to exceed six months, or both. The continuation of an offense against the provisions of Article II of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
