[Ord. of 1-24-00]
For the purpose of this ordinance, the words and phrases used
herein shall have the following meanings, unless otherwise clearly
indicated by the context:
ADULT AMUSEMENT MACHINE
Includes any amusement machine that is regularly used for
presenting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
and specified anatomical areas, as defined below, for observation
by patrons therein.
ADULT BOOKSTORE
An establishment having any portion of its stock and trade
in books, films, video cassettes, or magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas," as defined below, provided that this
definition shall not apply to any establishment in which such materials
constitute less than 10% of the value of the inventory of said establishment
and in which the display of such materials does not permit the viewing
of "specified sexual activities" or "specified anatomical areas" within
the establishment.
ADULT ENTERTAINMENT
Any exhibition of any adult-oriented motion pictures, live
performance, display or dance of any type, removal of articles of
clothing or appearing unclothed, pantomime, modeling, or any other
personal services offered customers, which has as a significant or
substantial portion of such performance or any actual or simulated
performance of "specified sexual activities" or exhibition and viewing
of "specified anatomical areas"
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined below,
for observation by patrons therein.
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined below,
for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
Includes, without limitation, "adult bookstores," "adult
motion picture theaters," "adult mini-motion picture theaters" and
commercial establishments containing one or more "adult amusement
machines." "Adult-oriented establishment" further means any premises
to which the public, patrons or members are invited or admitted and
which are so physically arranged as to provide booths, cubicles, rooms,
studios, compartments or stalls separate from the common areas of
the premises for the purpose of viewing adult-oriented motion pictures,
or any premises wherein an entertainer provides adult entertainment
to a member of the public, a patron or a member, when such adult entertainment
is held, conducted, operated or maintained for a profit, direct or
indirect. An "adult-oriented establishment" further includes, without
limitation, any adult entertainment studio or any premises that are
physically arranged and used as such, whether advertised or represented
as an adult entertainment studio, rap studio, exotic dance studio,
encounter studio, sensitivity studio, modeling studio, or any other
term of like import.
AMUSEMENT MACHINE
Includes any machine which upon the payment of a charge or
upon insertion of a coin, slug, token, plate, or disk, may be operated
by the public for use as a game, entertainment or amusement, whether
or not registering a score and whether or not electronically operated.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of an adult-oriented establishment.
ENTERTAINER
Any person who provides entertainment within an adult-oriented
establishment as defined in this section, whether or not a fee is
charged or accepted for entertainment and whether or not entertainment
is provided as an employee or an independent contractor.
INSPECTOR
One or more employees of the Town designated by the Board
of Selectmen who shall hereby be authorized to inspect premises regulated
under this article and to take the required actions authorized by
this article in case of violations being found on such premises, and
to require corrections of unsatisfactory conditions found on said
premises;
MINOR
Shall be deemed to refer to a person under the age of 18
years;
OPERATOR
Any person, or any proprietor, shareholder, general partner
or limited partner who holds any share of or partnership interest
of any business which is operating, conducting, owning or maintaining
an adult-oriented establishment;
SEXUAL ACTIVITIES
As used in this article, is not intended to include any medical
publications or films or bona fide educational publication or films,
nor does it include any art or photography publications which denote
at least 25% of the lineage of each issue to articles and advertisements
dealing with subjects or art or photograph. Nor does this definition
apply to any news periodical which reports or describes current events
and which, from time to time, publishes photographs of nude or semi-nude
persons in connection with the dissemination of the news. Nor does
this definition apply to publications or films which describe and
report different cultures and which, from time to time, publish or
show photographs or depictions of nude or semi-nude persons when describing
cultures in which nudity or semi-nudity is indigenous to the population.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered;
a.
Human genitals, pubic region;
c.
Female breasts below a point immediately above the top of the
areola; and
(2)
Human male genitals in a discernibly turgid state even if completely
covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse, or sodomy;
(3)
Fondling or erotic touching of human genitals, pubic region,
buttock or female breasts.
[Ord. of 1-24-00, § 4]
Adult-oriented establishments shall be located no less than
the distances given below from any of the following uses, if existing
at the time when the adult-oriented establishment is established:
(1) One thousand feet from any public or private school serving grade
12 or lower; any day care center, nursery school, or similar use;
any public park or playground; any playground associated with a church
or other community building; and any church.
(2) Three hundred feet from any residential zone.
Measurements of distances shall be from any portion of the building
housing such adult-oriented establishment to any portion of a parcel
of land containing such land uses or being residentially zoned. The
separating distance required by this section shall be determined as
of the date that any adult-oriented establishment commences to operate
in accordance with this article and any applicable provision(s) of
the zoning regulations, building code, health Code, and other applicable
state and local laws, and such adult-oriented establishment shall
not be deemed to violate this section if, thereafter, one of the enumerated
uses is established within the distance set forth herein.
[Ord. of 1-24-00, § 5]
No adult-oriented establishments shall be permitted in any portion
of a building that is less than 1,000 feet from that portion of a
building occupied by an existing adult-oriented establishment. The
1,000 feet shall be the straight horizontal distance from any part
of a building housing an adult-oriented establishment to any part
of the other building housing such use.
[Ord. of 1-24-00, § 6]
The provisions of the preceding §§
9-64 and
9-65 shall not be deemed to prohibit any use pre-existing the enactment of this article. Any pre-existing use which shall be discontinued for a period of 30 days shall thereafter conform to sections 4 and 5.
[Ord. of 1-24-00, § 11]
The provisions of this article shall not be interpreted to permit
within any zoning district of the Town the establishment of a use
which the zoning regulations of the Town do not otherwise permit within
that district.