[HISTORY: Adopted by the Town Board of the Town of Macedon 7-30-1991 by L.L. No. 2-1991 (Ch. 34 of the 1996 Code). Amendments noted where applicable.]
It is hereby declared the policy of the Town of Macedon, State
of New York, that, in order to preserve public peace and good order
and to safeguard the health, safety and welfare of the Town and to
prevent the deleterious, secondary and blighting effects of adult
entertainment establishments, it is necessary to regulate and control
the operations and conduct of places offering adult entertainment
and to fix certain responsibilities and duties of persons owning,
operating or controlling such establishments and employed therein.
As used in this chapter, the following terms shall have the
meanings indicated:
Any business enterprise having as a substantial portion of
its stock-in-trade books, magazines, pamphlets, pictures, drawings,
photographs, motion-picture films or sound recordings or printed,
visual and audio material of any kind which are characterized by their
emphasis on the description or depiction of specified anatomical areas
or specified sexual activities; or any business enterprise having
a substantial area of its establishment devoted to the sale and display
of such materials. For purposes of this definition, a "substantial
portion" or "substantial area" shall mean more than 10% of the business
is devoted to the sale and display of adult materials as determined
by any of the following:
[Amended 5-9-2002 by L.L.
No. 1-2002]
The number of different titles of printed, visual or audio materials
of any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
The number of copies of printed, visual or audio materials of
any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
The amount of floor space devoted to the sale and display of
printed, visual or audio materials of any kind which are characterized
by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities;
The dollar amount of sales of printed, visual or audio materials
of any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
or
The amount of on-site advertising which can be viewed by passersby
or the amount or cost of advertising in print or broadcast media devoted
to printed, visual or audio materials of any kind which are characterized
by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities.
Any business enterprise having as a substantial portion of
its activity the presentation, characterized by emphasis on the description
or depiction of specified anatomical areas or specified sexual activities,
of live shows, motion-picture films or sound recordings presented
to a common audience in an enclosed common area; visual or audio material
presented by coin- or slug-operated or electronically or mechanically
controlled, still or motion-picture machines, projectors or other
image-producing devices to five or fewer persons per machine at any
one time; any business enterprise serving food and beer, wine or liquor
whose entertainers or waiters and waitresses appear in a state that
displays any specified anatomical areas; or any business enterprise
that offers services requiring the client or customer to display any
specified anatomical areas, except medical and health service establishments.
For purposes of this definition, a "substantial portion" shall mean
more than 10% of its activity is devoted to presentations characterized
by the emphasis on description or depiction of specified anatomical
areas or specified sexual activities as determined by any of the following:
[Amended 5-9-2002 by L.L.
No. 1-2002]
The number of presentations characterized by emphasis on the
description or depiction of specified anatomical areas or specified
sexual activities;
The size of the audiences attending presentations characterized
by emphasis on the description or depiction of specified anatomical
areas or specified sexual activities;
The amount of floor space devoted to presentations characterized
by emphasis on the description or depiction of specified anatomical
areas or specified sexual activities;
The amount of time devoted to presentations characterized by
emphasis on the description or depiction of specified anatomical areas
or specified sexual activities; or
The amount of income generated from presentations characterized
by emphasis on the description or depiction of specified anatomical
areas or specified sexual activities; or
The amount of on-site advertising which can be viewed by passersby,
or the amount or cost of advertising in print or broadcast media devoted
to presentations characterized by emphasis on the description or depiction
of specified anatomical areas or specified sexual activities.
Any place of public assembly in which the business of, directly
or indirectly, selling and/or serving drink to the public is conducted,
with or without incidental musical entertainment; provided, however,
that dancing and live entertainment of any kind are not permitted.
A "bar and/or lounge" will not constitute a cabaret as herein defined.
Any room, place or space in the Town where, for gain or profit,
live or mechanically reproduced music is provided in connection with
dancing or where, for gain or profit, any musician, group of musicians,
floor show or similar live entertainment is provided. A full-service
restaurant providing full-course meals with waiter- and waitress-service
and which has, as part of the occupancy and services offered, background
music for the benefit of patrons seated at tables and wherein dancing
is prohibited shall not constitute a "cabaret" for the purposes of
this chapter; provided, however, that such full-service restaurant
shall notify the Town Clerk before it expects to offer such services
to its patrons. This term shall include establishments known as "dance
halls" and "discotheques."
Any place of public assembly in which dancing is carried
on and to which the public may gain admittance either with or without
the payment of a fee.
Any place of public assembly in which the business of, directly
or indirectly, selling and/or serving food, drinks and/or alcoholic
beverages to the public is conducted, in which dancing is carried
on by any musical entertainment and to which the public may gain admission
either with or without the payment of a fee.
An individual, partnership, club, association, corporation,
society or any other organized group of persons, and includes officers,
directors, stockholders and trustees of a club, corporation, association
or society.
Any room, place or space which is occupied or arranged to
be occupied for recreational, amusement, social, sports or similar
purposes; or any building, shed or enclosure, whether indoor or outdoor,
coming within the occupancy and other similar classifications of this
chapter as determined by the officer charged with the enforcement
of this chapter. For the purposes of interpretation, the term "public
assembly," where used in this chapter, shall include the term "public
assembly" or "assembly" as may be used in other codes, laws, ordinances,
rules or regulations as may be applicable in the Town of Macedon.
The male genitals and/or the vulva or more intimate parts
of the female genitals.
[Added 3-28-1996 by L.L.
No. 2-1996]
Any of the following:
[Added 3-28-1996 by L.L.
No. 2-1996]
It shall be unlawful for any person to conduct, maintain or
operate in the Town of Macedon an adult bookstore or an adult entertainment
establishment.
A.
Exposure by individuals. It shall be unlawful for a female to expose
that portion of her breast below the top of the areola or to appear
before or come in contact with patrons with the portion of her breast
below the top of the areola not covered with a fully opaque covering
or for any person, male or female, to show the lower part of the torso
uncovered or so thinly covered or draped as to appear uncovered or
to appear in any scene, sketch, act or entertainment with breasts
(in case of a female) or the lower part of the torso uncovered or
so thinly draped as to appear uncovered.
B.
Promoting exposure. It shall be unlawful for any person conducting,
maintaining or operating a cabaret, bar and/or lounge, dance hall
or discotheque establishment or any other place of public assembly
within the Town of Macedon to suffer or permit any waitress, barmaid,
entertainer or other person who comes in contact with or appears before
or is likely to come in contact with or appear before patrons with
breasts uncovered in such a manner that the portion of the breast
below the top of the areola is not covered with a fully opaque covering
or the lower part of the torso uncovered or so thinly covered or draped
as to appear uncovered or to appear in any scene, sketch, act or entertainment
with breasts or the lower part of the torso uncovered or so thinly
draped as to appear uncovered. Reference to breasts in this section
refers to females only. Reference to the lower part of the torso refers
to both males and females.
