[Added 6-11-2013 by L.L. No. 3-2013]
It is recognized that buildings and establishments
operated as adult uses have serious objectionable operational characteristics.
In order to promote the health, safety and general welfare of the
residents of the Village of Dansville, this section is intended to
restrict adult uses to nonresidential and non business areas of the
Village. The Village Board hereby finds that the operational characteristics
of adult uses are concentrated; therefore, this section is intended
to promote the health, safety and general welfare of the residents
of the Village of Dansville by regulating the concentration of such
uses.
Unless specifically defined below, words or
phrases used in this article shall be interpreted so as to give them
the meaning they have in common usage and to give this section its
most reasonable application.
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals, films and viewing materials
for sale or viewing on premises by use of motion-picture devices or
any coin-operated means, including videotapes and props and toys,
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, or an establishment or business containing
a segment or section devoted to the sale or display of such material.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A business enterprise which serves food or beverages for
consumption on the premises, with or without carry-out service, which
features entertainers or waiters and/or waitresses who display any
specified anatomical area or who depict, describe or simulate specified
sexual activities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A public or private establishment that presents topless dancers,
strippers, male or female impersonators or exotic dancers, or other
similar entertainments.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An enclosed building with a capacity of less than 50 persons
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
An enclosed building or structure or portion of a building
or structure used for presenting materials having as a dominant theme
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An adult bookstore, adult cabaret, adult entertainment cabaret,
adult motion-picture theater, massage establishment, body-rub establishment,
peep show or any other business(es) where specified anatomical areas
are displayed or specified sexual activities are encountered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any establishment having a fixed place of business where
body rubs are administered for pay.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any commercial enterprise, association or arrangement for
profit.
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
Any establishment having a fixed place of business where
massages are administrated for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic; or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist; or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue
through the administration of massages. Such establishments are not
prohibited, provided they have a duly licensed massage therapist on
the premises.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A theater that presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure and charges
a fee and that is not open to the public generally.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Human genitals in a state of sexual stimulation
or arousal.
Acts of human masturbation, sexual intercourse,
deviate sexual intercourse (that is, sexual conduct between the penis
and the anus, the mouth and penis, the mouth and anus, or the mouth
and vulva) or bestiality.
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In a sole proprietorship, an individual who
owns, operates, controls or conducts, directly or indirectly, any
premises, building or location upon which any adult use takes place.
In a partnership, limited or general, an individual
who shares in any potential profits or losses of the business or who
shares in the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer,
director or a holder, either directly, indirectly or beneficially,
of more than 20% of any class of stock.
In a limited liability company, an individual who is a member
or manager.
Any person who furnishes more than 20% of the
capital financing or assets of such business, whether in cash, goods
or services.
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NOTE: These definitions are to include any type of business(es)
or combination of business(es) where specified anatomical areas are
displayed or specified sexual activities are encountered.
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In addition to the requirements of the Zoning
Law of the Village Dansville, adult uses shall be permitted subject
to the following restrictions:
A.
No adult use shall be allowed within 500 feet of another
existing adult use.
B.
No adult use shall be located within 500 feet of the
boundaries of any zoning district which is zoned for residential use
or commercial district.
C.
No adult use shall be located within 500 feet of a
preexisting school or place of worship.
D.
No adult use shall be located in any zoning district,
except those districts zoned industrial district.
E.
This chapter shall not apply to any establishment
existing on the effective date of said ordinance.
No adult use shall be conducted in any manner
that permits the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not registered as an
adult use. Those provisions shall apply to any display, decoration,
sign, show window, screen or other opening.
A.
No person, firm, corporation or other entity shall
lease, rent, maintain, operate, use or allow to be operated or used
any business or establishment or any part thereof which contains an
adult use, without first complying with the provisions of this section
as set forth below.
B.
In addition to any and all other necessary licenses
and permits, no form of adult use shall be allowed to operate nor
be allowed to continue to operate, until a certificate of registration
is filled with the Village Clerk-Treasurer containing:
(1)
The address of the premises.
(2)
The name and address of the owner(s) of the
premises and the name and address of the beneficial owner(s) if the
property is in a land trust.
(3)
The name of the business or the establishment
subject to the provisions of this chapter.
(4)
The name, the business and home address and
the business or home telephone number of all owners of the business
or establishment subject to the provisions of this chapter.
(5)
The names, the business and home addresses and
the business or home telephone numbers of all those persons having
a substantial connection with the business or establishment subject
to the provisions of this chapter.
(6)
The date of the initiation of the adult use.
(7)
The exact nature of the adult use.
(8)
If the premises or the building in which the
business containing the adult use is located is leased, a copy of
the lease.
C.
If any changes occur in the information required for
the certificate of registration, the Village Clerk-Treasurer shall
be notified of such change and a new or amended certificate filed
within 30 days of such change.
D.
The processing fee for each certificate of registration
or amendment thereto shall be $1,000. Such certificate of registration
shall be effective concurrently with the special permit issued annually
as provided in § 609A,
and the processing fee provided in this section shall be an annual
charge.
E.
No certificate of registration issued under the provisions
of this section shall be transferable to any person other than the
registrant, nor shall a certificate of registration be transferable
for use at any premises, building or location other than that stated
in the certificate of registration.
F.
The owner, manager or agent of any adult use shall
cause a copy of the certificate of registration issued under the provisions
of this section to be prominently displayed on the premises, building
or location for which it is issued.
G.
Any knowingly false statement, or any statement which
the registrant or applicant should reasonably have known to be false,
which is provided in the certificate of registration or any document
or information supplied therewith shall be grounds for rejection,
suspension or revocation of the certificate of registration.
H.
It is a violation of this section for the owner or
person in control of any property to establish or operate thereon
or to permit any person to establish or operate an adult use without
having in force a certificate of registration complying with this
section.
A.
No use described in this section shall be established
until the issuance of an annual special use permit by the Village
Clerk-Treasurer. Application for such a special use permit shall be
in conformity with this chapter and as provided herein. The application
shall be in writing, to the Village Clerk-Treasurer, and shall consist
of a description of the premises for which the permit is sought, a
plain and concise statement of the use which is proposed and such
additional information as shall be required by the Village Clerk-Treasurer.
The Village Clerk-Treasurer shall call a public hearing for the purpose
of considering the request for each and every special use permit.
At least 10 days' notice of the time and place of the public hearing
shall be given by the publication of a notice in a newspaper of general
circulation in the Village of Dansville, indicating the general nature
of the public hearing and the fact that those persons having interest
therein may be heard at the time and place of such hearing.
B.
A special use permit issued under the provisions of
this section shall not be transferable.
