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 Village of Hilton and to establish reasonable
and uniform regulations to monitor the location and concentration
of sexually oriented businesses within the Village of Hilton. The
provisions of this chapter 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 or effect of this chapter 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.
As used in this chapter, 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 depicting or describing
of specified sexual activities or specified anatomical areas, as defined
herein.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which, as one of its business
purposes, offers one or more of the following:
A.
Books, magazines, periodicals or other printed matter or photographs,
film motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe, as defined
herein, specified sexual activities or specified anatomical areas,
as defined herein; or
B.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities, as defined herein.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity, as defined herein;
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities, as defined
herein; or
C.
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, as defined
herein.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public and provides patrons with
closed-circuit television transmissions, films, motion pictures, videocassettes
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas, as defined herein, or has a sign visible from the
public right-of-way which advertises the availability of such 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 sub-rent the
room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where films, motion pictures,
videocassettes, slides or similar photographic reproductions are regularly
shown which are characterized by the depiction of specified sexual
activities or specified anatomical areas, as defined herein.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity, as defined herein, or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities, as defined herein.
ADULT USES
Any use set forth herein as defining a sexually oriented
business or businesses.
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 commercial establishment which furnishes, offers to furnish
or advertises to furnish escorts as one of its business purposes.
ESTABLISHMENT
When used as a verb, includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business, as defined herein.
B.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business, as defined herein.
C.
The additions of any sexually oriented business, as defined
herein.
D.
The relocation of any sexually oriented business, as defined
herein.
PERMITTEE and/or LICENSEE
Any person in whose name a permit and/or license to operate
a sexually oriented business, as defined herein, has been issued,
as well as any individual listed as an applicant on any application
for such a permit and/or license.
PERSON
Any 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 straps or other devices used to cover
said areas.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its business
purposes, provides or facilitates:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
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, as defined herein.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, escort agency,
or sexual encounter center, as defined herein.
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 deviant, actual or simulated, including
intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Elimination 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, as defined herein, means
any increase in floor areas as the floor areas exist on the date of
enactment.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business, as defined herein, means
and includes any of the following:
A.
The sale, lease or sublease of the sexually oriented business,
as defined herein.
B.
The transfer of securities which constitute a controlling interest
in the sexually oriented business, as defined herein, whether by sale,
exchange or similar means.
C.
The establishment of a trust, gift or similar legal device which
transfers the ownership or control of the sexually oriented business,
as defined herein.
Adult uses, as defined herein, shall be permitted in any Light
Industrial District only, provided that a conditional use permit is
obtained from the Zoning Board of Appeals and the following:
A. An adult use, as defined herein, may not be operated within 1,000
feet of:
(1) A church, synagogue or regular place of worship.
(2) A public or private elementary or secondary school.
(3) A boundary line of any property zoned as a residential district or
any property used for residential purposes as a permitted use.
(4) A public use park adjacent to any residential district or any property
used for residential purposes as a permitted use.
B. An adult use, as defined herein, may not be operated within 1,000
feet of another adult use, as defined herein, on the same lot or parcel
of land.
C. An adult use, as defined herein, 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 property line where an adult use, as defined
herein, 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, as defined herein, shall be measured in a straight line, without regard to intervening structures or objects, from the property line in which each business is located.
F. All adult uses, as defined herein, shall be conducted in an enclosed
building. No specified anatomical area or any specified sexual activity,
as defined herein, or any display, decoration, sign, or similar depiction
of specific anatomical areas or specified sexual activities, as defined
herein, shall be visible from the exterior of any building containing
an adult use, as defined herein, regardless of location or distance.