A person commits a violation of this chapter if that person
operates or causes to be operated an adult entertainment establishment
that has been determined to be in violation of Article 240 of the
Penal Law of the State of New York.
A.
It shall be unlawful for an owner or operator of an adult entertainment
establishment to allow the merchandise or activities of the establishment
to be visible from a point outside the establishment.
B.
All building openings, entries, and windows of an adult entertainment
establishment shall be located, covered or screened in such a manner
as to prevent a view into the interior of an adult entertainment establishment
from any area open to the general public.
C.
It shall be unlawful for the owner or operator of an adult entertainment
establishment to allow the exterior portion of the adult entertainment
establishment to have flashing lights or any words, lettering, photographs,
silhouettes, drawings, or pictorial representations of any manner
except to the extent permitted by this chapter or any other applicable
provision in the Code of the Town of Milo.
D.
It shall be unlawful for the owner or operator of an adult entertainment
establishment to allow exterior portions of the establishment to have
a color scheme other than a single achromatic color unless approved
otherwise by the Planning Board. This provision shall not apply to
an adult entertainment establishment if the following conditions are
met:
(1)
The establishment is a part of a commercial multiunit center; and
(2)
The exterior portions of each individual unit in the commercial multiunit
center, including the exterior portions of the business, have the
same color as one another or are constructed in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multiunit center.
E.
Nothing in this article shall be construed to require the painting
of an otherwise unpainted exterior portion of an adult entertainment
establishment.
It shall be the duty of the licensee of an adult entertainment
establishment to:
A.
Ensure that at least two conspicuous signs stating that no loitering
is permitted on the premises are posted on the premises, and at least
one such sign must be posted outside the structure containing the
adult entertainment establishment;
B.
Designate one or more employees to monitor the activities of persons
on the premises by visually inspecting the premises or inspecting
the premises by use of video cameras and monitors; and
C.
Provide lighting to the exterior premises to provide for visual inspection
or video monitoring to prohibit loitering. Said lighting shall be
of sufficient intensity to illuminate every place to which customers
are permitted access at an illumination of not less than one footcandle
as measured at the floor level. If used, video cameras and monitors
shall operate continuously at all times that the premises are open
for business. The monitors shall be installed within an operator's
station.
A.
The Planning Board during its review process may dictate the types
of vegetation to be planted, the size of the trees and plants, and
the location of such trees and plants.
B.
Perimeter screening areas shall be established in order to create
spatial separation and to lessen the possible adverse impacts upon
adjacent land uses by an adult entertainment establishment. Walls,
fences, earthen berms, or other natural features may be used in combination
with or in lieu of screening if approved by the Planning Board. Considerations
include but are not limited to:
(1)
Any existing significant vegetation within the screening area(s)
may be preserved and credited towards meeting the standard for the
required screening. Existing fences, berms, and/or walls within the
screening area(s) may be used to fulfill the standards set forth for
the screening, providing these elements are healthy and in a condition
of good repair. Chain-link fencing is not acceptable in meeting the
perimeter screening criteria.
(2)
Installation of supplemental vegetation and/or site features may
be required if the existing vegetation and/or site features within
the perimeter screening area do not meet or exceed the requirements
of this section.
C.
At least 25% of the property shall be retained as green space to
permit the construction of private wastewater treatment systems and/or
private water supply systems and minimize erosion and stormwater runoff,
but also to maintain or improve the aesthetics of a development.
D.
Where required by the Planning Board, all landscaping, trees, and
planting materials adjacent to parking areas, loading areas or driveways
shall be protected by barriers, curbs, or other means from damage
by vehicles and to control stormwater runoff.
E.
Landscaping meant to screen will be effective immediately upon planting
and will retain its usefulness as a screen year-round. Consequently,
trees and shrubs meant to serve as a screen will be coniferous and
will be of such a height, width and density as to immediately act
as an effective screen.
F.
All dumpsters, with the exception of temporary construction dumpsters,
shall be screened from public streets, rights-of-way, and areas where
pedestrians frequently travel. Said screening shall consist of a solid
row of evergreens or solid fencing sufficient to hide or obscure the
dumpster from public view. Such specifications shall be determined
and approved by the Planning Board.
G.
Maintenance. All fences, trees, plantings, shrubbery, or other screening
required by direction of the Town shall be maintained at all times
at least to the same quality required of said items at the time they
were initially installed.
A.
It shall be unlawful to allow a minor to enter or be on the premises
of an adult entertainment establishment at any time the adult entertainment
establishment is open for business.
B.
It shall be the duty of the owner and operator of each adult entertainment
establishment to ensure that an attendant is stationed at each public
entrance to the adult entertainment establishment at all times during
such adult entertainment establishment's regular business hours.
It shall be the duty of the attendant to prohibit minors from entering
the adult entertainment establishment. It shall be presumed that an
attendant knew a person was under the age of 18 unless such attendant
asked for and was furnished a valid state or federal personal identification
certificate (e.g., state-issued identification or U.S. passport) that
is reflecting that such person is 18 years of age or older.
A.
At least one security guard shall be on duty patrolling the premises
at all times while a live adult entertainment business is conducted,
operated, or otherwise open to the public. If the occupancy limit
of the premises is greater than 50 persons, an additional security
guard shall be on duty for each additional 25 persons. The security
guard(s) shall be charged with preventing violations of law, with
enforcing compliance by patrons with the requirements of this chapter
and with notifying the Sheriff of any violations of law observed.
Security guard(s) required by this subsection shall be uniformed in
such a manner so as to be readily identifiable as a security guard
by the public. No security guard required pursuant to this subsection
shall act as an attendant, doorperson, ticket seller, ticket taker,
or admittance person while acting as a security guard hereunder.
B.
When employing or retaining the services of a security guard, an
adult entertainment establishment shall comply with the provisions
of Article 7-A of the General Business Law of the State of New York.
An adult entertainment establishment shall retain on the premises
a copy of the current registration card issued pursuant to Article
7-A of the General Business Law of the State of New York to each security
guard on duty at such establishment and shall make the copy of each
license available on demand for inspection by any person authorized
to enforce this chapter.
A.
No sexually oriented business, except for an adult motel, may remain
open at any time between the hours of 11:00 p.m. and 8:00 a.m. on
weekdays and Saturdays, or during the period from 11:00 p.m. Saturday
until 8:00 a.m. Monday.
B.
A manager shall be present on the premises of an adult entertainment
establishment at all times when the establishment is open for business.
A.
All lighting fixtures serving the exterior of the premises shall
be full cutoff fixtures. The maximum average maintained illumination
level for a parking lot shall be no more than one horizontal footcandle
at grade level. Light fixtures located on the perimeter of parking
lots and within 20 feet of a property line shall be fully shielded
and directed away from abutting properties to avoid light spillage
with respect to that property line.
B.
Lighting prohibited. The following outdoor light fixtures shall be
prohibited as specified below. Existing light fixtures legally permitted
or authorized prior to adoption of this chapter may be maintained.
(1)
Neon tubing or band lighting along building structures as articulation.
(2)
Searchlights.
(3)
Illumination of entire buildings. Building illumination shall be
limited to security lighting and lighting of architectural features
authorized by the Planning Board in conjunction with the required
special use permit.
(4)
Roof-mounted lights, except for security purposes, with motion detection
and full shielding so that the glare of the light source is not visible
from any public right-of-way or adjacent properties.
(5)
Any light that imitates or causes visual interference with a traffic
signal or other necessary safety or emergency light.
The interior premises of an adult entertainment establishment
shall be equipped with overhead lighting fixtures of sufficient intensity
to illuminate every place to which patrons are permitted access at
an illumination of not less than five footcandles as measured at the
floor level. It shall be the duty of the licensee, and of any employees
present on the premises, to ensure that the illumination described
above is maintained at all times that the premises is occupied by
patrons or is open for business.
A.
Dressing rooms. A live adult entertainment business shall provide
separate dressing room facilities for female and male entertainers
which shall not be occupied or used in any way by anyone other than
entertainers.
B.
Stage required. The building shall include one or more stages, on
which all performances shall take place. Each such stage shall be
in a room open to all customers of the establishment and containing
a minimum of 600 square feet of floor area. The stage shall be raised
a minimum of 18 inches above the level of the floor on which customers
stand or are seated and shall be further separated from customers
by a rail or other barrier a minimum of 30 inches high.
C.
Performance areas. All performances and interactions between performers
and customers shall occur so that the performers (and any customer
directly involved) are visible from the room in which the stage is
located. No doors, curtains, screens, or other devices shall be used
to obscure any part of the room.
A.
Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishment has been rented and vacated two or more times in a period
of time that is less than 10 hours creates a rebuttable presumption
that the establishment is an adult motel as that term is defined in
this chapter.
B.
A person commits a violation of this chapter if, as the person in
control of a sleeping room in a hotel, motel, or similar commercial
establishment that does not have an adult entertainment license, he/she
rents or subrents a sleeping room to a person and, within 10 hours
from the time the room is rented, he/she rents or subrents the same
sleeping room again.
A person who operates or causes to be operated an adult entertainment
establishment, other than an adult motel, which exhibits on the premises
in a viewing room of less than 150 square feet of floor space a film,
videocassette, live entertainment, or other video reproduction which
depicts specified sexual activities or specified anatomical areas
shall comply with the following requirements:
A.
Upon application for an adult entertainment license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager's station may not exceed 32 square feet of floor area.
The diagram shall also designate the place at which the permit will
be conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The Town may
waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that
the configuration of the premises has not been altered since it was
prepared.
B.
The application shall be sworn to be true and correct by the applicant.
C.
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the Town.
D.
It is the duty of the licensee of the premises to ensure that at
least one licensed employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
E.
No viewing room may be occupied by more than one person at any time.
F.
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five footcandles
as measured at the floor level.
G.
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present
on the premises.
H.
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
I.
No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
J.
The licensee shall, during each business day, regularly inspect the
walls between the viewing booths to determine if any openings or holes
exist.
K.
The licensee shall cause all floor coverings in viewing booths to
be nonporous, easily cleanable surfaces, with no rugs or carpeting.
L.
The licensee shall cause all wall surfaces and ceiling surfaces in
viewing booths to be constructed of, or permanently covered by, nonporous,
easily cleanable material. No wood, plywood, composition board or
other porous material shall be used.
A.
Presentation area. All screenings and presentations of motion pictures,
videos or other media shall occur in a room open to all customers
of the establishment and containing a minimum 600 square feet of floor
area. No doors, curtains, screens, or other devices shall be used
to obscure any part of the room.
B.
Lighting. The lighting level in the area occupied by customers shall
be a minimum of two footcandles at floor level.
C.
Seating. Seating shall consist of individual, theater-style chairs,
with solid arms separating the chairs. No couches, benches, individual
chairs, beds, loose cushions, mattresses or other forms of seating
may be provided. Separate spaces for wheelchairs shall be provided
in accordance with the applicable provisions of the New York State
Fire Prevention and Building Code.
A.
A person commits a violation of this chapter if the person appears
in a state of nudity, or knowingly allows another to appear in a state
of nudity, in an area of a nude model studio premises which can be
viewed from the exterior.
B.
A nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room that is open to the public.
A.
It shall be a violation of this chapter for a person to knowingly
and intentionally depict a specified sexual activity in an adult entertainment
establishment.
B.
It shall be a violation of this chapter for any employee, while in
the state of nudity, to knowingly and intentionally touch a customer
or the clothing of a customer on the premises of an adult entertainment
establishment.
C.
It shall be a violation of this chapter for a person to knowingly
or intentionally, in an adult entertainment establishment, appear
in a state of nudity unless the person is an employee who shall be
at least six feet from any patron or customer and on a stage at least
18 inches from the floor.
No person shall sell, use, or consume alcoholic beverages on
the premises of an adult entertainment establishment.
