These regulations shall be known as the "Adult Entertainment
Establishments Law of the Town of Milo, New York," hereinafter referred
to as "this chapter."
The provisions of this chapter shall apply to any building,
structure or parcel of land that is classified as an adult entertainment
establishment which is outside the limits of the Village of Penn Yan.
It is the purpose of this chapter to regulate adult entertainment
establishments in order to promote the health, safety, morals, and
general welfare of the citizens of the Town and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of adult entertainment businesses within the Town. 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 neither 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 or
effect of this chapter to condone or legitimize the distribution of
obscene material.
Based on evidence concerning the adverse secondary effects of
adult uses on the community presented in hearings and in reports made
available to the Town Board, and on findings incorporated in the cases
of:
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California v. LaRue, 409 U.S. 109 (1972)
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Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976)
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City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986)
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In the Matter of Town of Islip v. Frank Caviglia et al., doing
business as Happy Hour Bookstore, 73 N.Y.2d 544 (1989)
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FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990)
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Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991)
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Cupid's Video Boutique v. Roth, 203 A.D.2d 70, 610 N.Y.S.2d
24 (1st Dept. 1994)
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Stringfellow's of New York, Ltd. v. City of New York, 91
N.Y.2d 382, 694 N.E.2d 407, 671 N.Y.S.2d 406 (1998)
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City of Erie, et al. v. Pap's A.M., 529 U.S. 277 (2000)
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City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002)
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and based upon reports, studies and testimonies concerning secondary
effects occurring in and around adult entertainment establishments,
including but not limited to:
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Town of Islip, New York (1980)
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A Survey of Real Estate Appraisers in Oklahoma City, Oklahoma
- Adult Entertainment Businesses (1986)
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Report of the Attorney General's Working Group on the Regulation
of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota)
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Regulation of Adult Entertainment Establishments in St. Croix
County, WA (September 1993)
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New York, New York Times Square (1994)
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Report to the American Center for Law and Justice on the Secondary
Impacts of Sex Oriented Businesses (March 1996)
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An Analysis on the Effects of Sexually Oriented Businesses (SOB)
on the Surrounding Neighborhoods in Dallas, Texas (April 1997)
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Preventing the Secondary Effects of Adult Entertainment Establishments:
Is Zoning the Solution? by Dana Tucker (Spring 1997)
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Town and Village of Ellicottville, New York (1998)
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Town of Ithaca, New York (1998)
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City of Rochester, New York (2000)
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Community Defense Counsel: Protecting Communities from Sexually
Oriented Businesses (2002)
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Proponent Testimony (Ohio Senate Judiciary Committee on Civil
Justice) - Sexually Oriented Businesses: An Insider's View by
David Sherman (December 2002)
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Village of Penn Yan, New York (2003)
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Proponent Testimony (Ohio House Civil and Commercial Law Committee)
- Sexually Oriented Businesses: A View Inside by Carolyn McKenzie
(April 2004)
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Proponent Testimony (Ohio House Civil and Commercial Law Committee)
- Sexually Oriented Businesses: An Insider's View by Former Dancer
in Strip Clubs from Indiana (April 2004)
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Proponent Testimony (Ohio House Civil and Commercial Law Committee)
- Sexually Oriented Businesses: An Insider's View by Former Manager
and Dancer in Strip Clubs in Alabama (April 2004)
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Report and Analysis of the Survey of Appraisers at Fort Worth
and Dallas, Texas - Effects on Land Uses on Surrounding Property Values
(September 2004, Duncan Associates)
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Report to the American Center for Law and Justice on the Secondary
Impacts of Sex Oriented Businesses (March 31, 2006, Peter R. Hecht,
Ph.D.)
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Town of Southeast, New York (2005)
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Sex, But Not the City: Adult-Entertainment Zoning, the First
Amendment, and Residential and Rural Municipalities, Boston College
Law Review, Volume 46, Issue 3, Number 3, Article 3 (May 2005)
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Town of Jewett, New York (2007)
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Report to the City Attorney of the City of Los Angeles, CA,
pertaining to Crime-Related Secondary Effects of Sexually-Oriented
Businesses (SOB) (2007)
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Rural Hot Spots: The Case of Adult Businesses by Richard McCleary,
Criminal Justice Policy Review (2008)
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the Town Board finds that:
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A.
Adult entertainment establishments, as a category of commercial enterprises,
are associated with a wide variety of adverse secondary effects, including,
but not limited to, personal and property crimes, prostitution, potential
spread of disease, lewdness, public indecency, obscenity, illicit
drug use and drug trafficking, negative impacts on surrounding property,
blight, litter and sexual assault and exploitation;
B.
Adult entertainment establishments should be separate from sensitive
land uses to minimize the impact of their secondary effects upon such
uses, and should be separate from other adult entertainment establishments,
to minimize the secondary effects associated with such uses and to
prevent an unnecessary concentration of adult entertainment establishments
in one area;
C.
Each of the foregoing negative secondary effects constitutes a harm
which the Town has a substantial government interest in preventing
and/or abating. This substantial government interest in preventing
secondary effects, which is the Town's rationale for this chapter,
exists independent of any comparative analysis between adult entertainment
establishments and any other type of commercial enterprise. Additionally,
the Town's interest in regulating adult entertainment establishments
extends to preventing future secondary effects of either current or
future adult entertainment establishments that may be located in the
Town;
D.
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners, employees
and the operators of the adult entertainment establishment. Further,
such a licensing procedure will place a heretofore nonexistent incentive
on the owners, employees and the operators to see that the adult entertainment
establishment is run in a manner consistent with the health, safety
and welfare of its patrons as well as the citizens of the Town of
Milo. Moreover, it is appropriate to require reasonable assurances
that one of the licensees is the manager of the adult entertainment
establishment, who has the day-to-day control of the premises and
activities occurring therein;
E.
The disclosure of certain information by those persons that own,
are employed by and/or control the day-to-day operation and maintenance
of the adult entertainment establishment, where such information is
substantially related to the significant governmental interest in
the operation of such uses, will aid in preventing the negative secondary
effects associated with adult entertainment establishments;
F.
The Town of Milo, which is outside the Village of Penn Yan, is primarily
a rural agricultural community with a limited area for the operation
of commercial uses in accordance with the records of the Assessor
of the Town of Milo. Such records illustrate that Town of Milo has
approximately 22,690 acres of land, with 82.4% of the land being agricultural,
6.9% undeveloped open space and outdoor recreation, 4.3% residential,
3.4% unclassified, 2% community facilities and infrastructure, 0.9%
industrial and 0.1% commercial, which such land use data excludes
the Village of Penn Yan;
G.
An adult entertainment establishment should only be permitted by
the issuance of a special use permit and located only in a commercial
zoning district. Such zoning district is intended specifically to
accommodate commercial uses as described within the Comprehensive
Plan. Furthermore, an adult entertainment establishment should be
classified as a special use in a zoning law to ensure compliance with
specific requirements, which are prescribed within this chapter, to
prevent and/or abate negative secondary effects that are associated
with such an establishment. Lastly, adult entertainment establishments
should not be granted a special use permit to operate in a location
that currently permits or previously permitted the operation of commercial
uses by reason of a preexisting nonconforming use, a use variance
or a special use permit, nor should a special use permit for an adult
entertainment establishment be issued for a home occupation;
H.
The general welfare, health, morals and safety of the citizens and
visitors of the Town of Milo will be protected by the enactment of
this chapter.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law of the State of New York.
