[HISTORY: Adopted by the Village Board of the Village of
Churchville 4-7-1997 by L.L. No.
2-1997 (Ch. 74, Art. V, of the 1984 Code). Amendments
noted where applicable.]
A.
The regulation of adult use establishments, as hereinafter defined,
is found to be necessary in light of the operational characteristics
of such uses, which, without the enactment and enforcement of appropriate
regulations, would have documented adverse, detrimental and harmful
impacts and effects within the Village of Churchville, and particularly
on residential neighborhoods and community business areas. Such impacts
and effects include but are not limited to decreased property values;
creation of traffic and/or parking problems due to the attraction
of transients; potential increases in criminal activities; loss of
business by non-adult-use commercial establishments in the vicinity;
and deterioration within residential neighborhoods.
B.
It is the purpose and intent of this chapter to establish appropriate
and reasonable regulations and restrictions regarding the location
and operation of adult use establishments, as hereinafter defined,
so as to promote the health, safety, morals and general welfare of
the residents of the Village of Churchville and to establish reasonable
and uniform regulations to prevent the deleterious impacts and effects,
identified above, which may result from the location and operation
of such establishments.
C.
It is neither the purpose nor intent of this chapter to impose a
limitation or restriction on the content of any communicative materials,
including sexually explicit or sexually oriented materials, nor is
it the purpose or intent of this chapter to restrict or deny access
by adults to sexually explicit or sexually oriented materials, activities,
performances or depictions protected by the First Amendment to the
United States Constitution or to deny access by distributors and/or
exhibitors of sexually explicit or sexually oriented materials or
entertainment to their intended market. However, it is also not the
purpose or intent of this chapter to condone or legitimize the display
or distribution of obscene materials.
D.
All possible options have been considered and the Village Board finds
that the regulations contained herein are the least intrusive method
to be employed to serve substantial governmental interests as set
forth above.
As used in this chapter, the following terms shall have the
meanings indicated:
When used as part of or in conjunction with other terms defined
herein, refers to establishments which customarily exclude persons
who, by reason of age, are defined as "minors" under New York State
law.
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, video cassettes or video reproductions, 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 categorized
as an adult bookstore or adult video store 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 described specified sexual
activities or specified anatomical areas.
For purposes of this chapter, any commercial establishment as
set forth above which engages in the sale, distribution, showing or
rental of the items enumerated in this definition, which sales or
business does not constitute more than 20% of the gross sales in any
month, shall be not subject to this chapter. Such establishment claiming
such exemption shall allow a full review by the Code Enforcement Officer
of its books and records at any time as requested by the Village.
Such establishment shall keep separate records clearly denoting and
detailing such sales or rentals. All of such materials, ads, promotions
and references thereto shall be kept out of sight of the general public
visiting such establishment.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features any of the following:
Persons who appear in a state of nudity; or where there is topless
waitressing, bussing or table or bar service; or establishments which
offer service where the servers wear pasties or G-strings or both;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
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.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration
and which 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;
Offers a sleeping room 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.
An adult arcade, adult bookstore, video store, adult cabaret,
adult motel, adult motion-picture theater, adult theater, escort agency,
massage establishment, nude model studio or sexual encounter center
as defined herein.
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 commercial enterprise 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.
Includes any of the following:
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue
through the administration of massages.
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, sculpted, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The state of dress of the human body in which the buttocks
or anus, genitals, pubic region or full female breasts are less than
completely and opaquely covered.
The person in whose name a special use permit to establish,
maintain or operate an adult use establishment has been issued, in
accordance with the provisions of this chapter and all the applicable
provisions of the Code of the Village or Churchville, as well as any
person listed as an applicant on the application for such a special
use permit.
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:
The male genitals or pubic region in a state of nudity, or
the human male genitals in a discernible turgid state or state of
sexual arousal, even if completely and opaquely covered, and/or the
vulva, pubic region or more intimate parts of the female genitals,
or the full female breast, in a state of nudity.
Any of the following:
The increase in floor area of an adult use establishment
by more than 25%, as the floor area exists on the date of enactment
of this chapter.
Any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest
in the 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 the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person to establish or maintain any adult use establishment in the Village of Churchville, except in compliance with the provisions of this chapter and the Code of the Village of Churchville as a special use in the GI General Industrial District, and in compliance with § 250-63 and Article XVII of Chapter 250, Zoning, of the Village Code.
No person who is an owner, manager and/or operator of an adult
use establishment and no employee, agent or officer of any such owner
and/or operator shall:
A.
Engage in excessive use of alcoholic beverages while on the premises
of an adult use establishment.
B.
Knowingly permit gambling by any person on the premises of an adult
use establishment.
C.
Knowingly permit the possession, use or sale of controlled substances
on the premises of an adult use establishment.
D.
Knowingly permit prostitution or solicitation of prostitution on
the premises of an adult use establishment.
E.
Knowingly permit any act of sexual intercourse, sodomy, oral copulation,
masturbation or other sexual conduct to occur in or on the premises
of an adult use establishment.
F.
Permit any adult use establishment to be conducted in such manner
that, regardless of location or distance, anyone who is passing by
or who is at any point outside of the enclosed building occupied by
such a use shall be able to observe or perceive any performance, conduct,
image, printed matter, visual representation, instrument, device or
paraphernalia displaying, depicting or otherwise presenting any specified
anatomical area or specified sexual activity regulated hereunder,
including, but not limited to, any sign or advertisement, or any window
or other opening permitting the view of the interior of the premises
from the exterior of the premises. All adult use establishments shall
be conducted in an enclosed building.
G.
Knowingly permit any violation of the Alcoholic Beverage Control
Law or the Penal Law of the State of New York to occur on the premises
of an adult use establishment.
H.
Refuse to allow an inspection of an adult use establishment, as authorized
by this chapter.
I.
Knowingly permit any minor, as defined by state law, to enter or
remain in any adult use establishment at any time.
A.
Prior to the commencement of any adult use establishment business
or upon any transfer of ownership or control of such a business, the
premises on which such establishment is located must be inspected
and found to be in compliance with all laws, rules and regulations
of or enforced by the Health Department, Fire Department, Building
Inspector/Code Enforcement Officer, Fire Marshal and other code enforcement
officials of the Village and town.
B.
The Health Department, Fire Department, Building Inspector/Code Enforcement
Officer, Fire Marshal and other code enforcement officials shall complete
their certification that the premises are in compliance, or not in
compliance, within 20 days of the inspection of the premises by such
officials. The certification shall be promptly presented to the Village
Building Inspector/Code Enforcement Officer and shall be a precondition
to the issuance of any certificate of occupancy, certificate of compliance
or any other certificate evidencing conformance with governmental
laws, regulations, codes, rules or requirements.
C.
An applicant or permittee and/or licensee shall permit representatives
of the Police Department, Health Department, Fire Department, Zoning
and Building Department or other Village or county departments or
agencies to inspect the premises of an adult use business for the
purpose of ensuring compliance with applicable laws, rules and regulations
at any time it is occupied or open for business.
B.
In addition to the penalties provided in Subsection A above, any violation under this chapter shall be punishable by suspension of the right to conduct or operate such adult use for a period not to exceed 30 days for each separate and distinct violation.
C.
In addition to the penalties provided above, the Village may also
maintain an action or proceeding in the name of the Village in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction any violation of this chapter.
