[HISTORY: Adopted by the Town Board of the Town of Caledonia 9-10-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 130.
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 Town of Caledonia, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the Town of Caledonia. The
provisions of this chapter have neither the purpose nor effect of
imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
not the intent nor 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 intended market. Neither is it the intent nor
effect of this chapter to condone or legitimize the distribution of
obscene materials.
As used in this chapter, the following terms shall have the
meanings indicated:
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 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 an 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.
A nightclub, bar, restaurant, 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; 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;
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; or
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.
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 business association who 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:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
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.
The appearance of a human's bare buttocks, anus, male
genitals, female genitals, or full female breast.
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.
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 areola 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:
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.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the date of the enactment of
this chapter.
Includes 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.
The following uses as hereinbefore defined: 1) adult arcades;
2) adult bookstores or adult video stores; 3) adult cabarets; 4) adult
motels; 5) adult motion picture theaters; 6) adult theaters; 7) escort
agencies; 8) nude model studios; and 9) sexual encounter centers shall
be designated adult uses. Adult uses shall be a permitted use in any
Heavy Industrial District only, provided that:
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 chapter, 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.
B.
Prior to the commencement of any adult use business or upon any transfer
of ownership or control, the premises must be inspected and found
to be in compliance with all laws, rules and regulations of the Health
Department, Fire Department, and Town Building and Zoning Enforcement
Officer, Fire Marshal, and other code enforcement officials.
C.
The Health Department, Fire Department, and Town Building and Zoning
Enforcement Officer, Fire Marshal and other code enforcement officials
shall complete their certification that the premises is in compliance
within 20 days of the inspection of the premises by such officials.
The certification shall be promptly presented to the Town Building
and Zoning Enforcement Officer.
D.
The Town Building and Zoning Enforcement Officer shall suspend the
right to conduct such adult use for a period not to exceed 30 days
if he determines that the owner and/or operator or an employee of
the owner and/or operator has:
(1)
Violated or is not in compliance with any section of this chapter;
(2)
Engaged in excessive use of alcoholic beverages while on the adult
use business premises;
(3)
Refused to allow an inspection of the adult use business premises
as authorized by this chapter;
(4)
Knowingly permitted gambling by any person on the adult use business
premises;
(5)
Knowingly allowed possession, use, or sale of controlled substances
on the premises;
(6)
Knowingly allowed prostitution on the premises;
(7)
Knowingly allowed any act of sexual intercourse, sodomy, oral copulation,
masturbation, or other sexual conduct to occur in or on the permitted
and/or licensed premises.
E.
An applicant, or permittee and/or licensee shall permit representatives
of the state, county or local Police Department, Health Department,
Fire Department, Zoning and Building Department, or other Town departments
or agencies to inspect the premises of an adult use business for the
purpose of ensuring compliance with the law, at any time it is occupied
or open for business.
F.
Prior to any suspension, the Town Building and Zoning Enforcement
Officer shall provide the owner and/or operator a notice with the
grounds for the suspension. The notice stating the grounds shall be
provided to the owner and/or operator in writing. The owner and/or
operator has the right to present its response to this notice to the
Town Building and Zoning Enforcement Officer within 10 days of receipt
of said notice. The response may be made in person orally or in writing.
The Town Building and Zoning Enforcement Officer may not suspend the
right to conduct such adult use until 15 days after the notice is
given to the owner and/or operator or until after receiving the owner's
and/or operator's response, whichever is sooner.
Any adult use business lawfully operating on the effective date
of this chapter that is in violation of the locational or structural
configuration requirements of this chapter shall be deemed a nonconforming
use. The nonconforming use will be permitted to continue for a period
not to exceed two years, unless sooner terminated for any reason or
voluntarily discontinued for a period of 30 days or more. Such nonconforming
uses shall not be increased, enlarged, extended or altered except
that the use may be changed to a conforming use. If two or more sexually
oriented businesses are within 1,000 feet of one another and otherwise
in a permissible location, the adult use business which was first
established and continually operating at a particular location is
the conforming use and the later-established business(es) is nonconforming.
A.
An adult use business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the operation
of the adult use business, of a church, public or private elementary
or secondary school, public park, residential district, or a residential
lot within 500 feet of the adult use business.
A.
A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution under Chapter 130, Article XX, of the Code of the Town of Caledonia or in the alternative, violation of this chapter may be enforced by injunction in an appropriate court of law.
B.
The continuation of a violation of the provisions of this chapter
shall constitute, for each day the violation is continued, a separate
and distinct offense hereunder.
C.
Each violation of the provisions of this chapter shall subject the
owner and/or operator to a fine in the amount of $250 for each such
violation in addition to any other penalties otherwise imposed hereunder.
D.
If any part or provision of this chapter or the application thereof
to any persons or circumstances shall be judged invalid, such judgment
shall be confined to the part or application adjudged to be invalid.
Such decision shall not affect the validity of the section as a whole
or any part thereof, other than the part so decided to be invalid.
