[HISTORY: Adopted by the Board of Trustees of the Village of East Syracuse 3-24-2003 by L.L. No. 1-2003 as § 720 of the 2003 Code. Amendments noted where applicable.]
Sexual displays are any which involve:
A. 
Aroused genitalia. Sexually stimulated or aroused human genitals;
B. 
Sex acts. Human masturbation, sexual intercourse or sodomy;
C. 
Sexual contact. Erotic touching of human genitals, pubic region, buttock or female breast;
D. 
Lower nudity. Depiction of less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast below a point immediately above the top of the areola; or
E. 
Erections. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
A. 
Sex-related businesses include any of the following:
(1) 
Adult book and video shops are enclosed buildings which present, lend or sell visually recorded performances or publications with sexual displays.
(2) 
Hotels. Any hotel, motel or similar establishment which offers public accommodations that publicly advertise the provision of recorded or transmitted sexual displays, or which offers a sleeping room for rent or sub-letting for a period of less than 10 hours.
(3) 
Live sex shows are public establishments that feature live sexual displays, or which, for any form of consideration, offer cross-sex wrestling or tumbling.
(4) 
Massage parlors or body rub parlors are businesses in which, for any form of consideration, a massage, oil or alcohol rub, fomentation, electric or magnetic treatment or other manipulation of the human body by means of stroking, kneading, tapping and vibrating is administered. Exempted is any place where massage is practiced as defined in New York Education Law, Article 133, § 8801, and by a medical practitioner, chiropractor, or other professional person licensed by the state under the Education Law, § 8802, or authorized person under Education Law § 8805.[1]
[1]
Editor's Note: See now Article 155 of the Education Law.
(5) 
Nude modeling. Any place in which, for any consideration, a model is sexually displayed to be observed, sketched, drawn, painted, sculpted, photographed, or otherwise depicted. This shall not include nonprofit organizations, schools licensed by the state, or colleges.
(6) 
Sexual device shops. Any place that, for any consideration, sells devices designed for use in sexual displays.
B. 
Exceptions. The section does not apply to any theater or similar establishment primarily devoted to theatrical performances.
A. 
Specifically prohibited businesses The following sex-related businesses are prohibited anywhere in the Village:
(1) 
Massage or body rub parlors.
(2) 
Any live sex show in which the stage is less than 18 inches high, patrons are separated from the stage by less than six feet, patrons pay or give any gratuity to any performer, or any performer solicits any pay or gratuity from any patron.
B. 
Prohibition of proximity. All sex-related business are prohibited within 1,000 feet of any:
(1) 
Dwelling.
(2) 
Public or private school.
(3) 
Child or adult day-care center.
(4) 
Church or religious facility.
(5) 
Public park.
C. 
Measurement of distance. The distances for the purpose of this section are measured by a straight line from the nearest point of the property on which the sex-related business is to be located to the nearest point of the property or the use zone from which the sex-related business is to be separated.
A. 
One-year deadline. All sex-related businesses shall terminate no later than one year from the effective date of this chapter.[1]
[1]
Editor's Note: This chapter was originally enacted by L.L. No. 2-2000.
B. 
Extensions of the one-year deadline. Any sex-related business which existed prior to the adoption of this chapter, and in which substantial investments were made prior to the adoption of this chapter which are of value solely in the operation of the sex-related business, may, no less than 120 days from the one-year deadline for termination, apply to the Zoning Board of Appeals for an extension of that deadline sufficient to allow them to recoup the cost of said investment. The applicant must be able to demonstrate that the business complies with this chapter in all other respects and that the extension sought is the minimum necessary to recoup the investment.
Anyone convicted of violating this chapter shall be liable to a civil penalty of $500 to be recovered by the Village in a civil action or special proceeding; each day a violation continues is a separate violation. The Village may also take action to compel compliance with or restrain the violation of this chapter, or taken any other action(s) provided by law.