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.
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.
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 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.
No person shall sell, use, or consume alcoholic beverages on
the premises of an adult entertainment establishment.