[HISTORY: Adopted by the Board of Trustees of the Village
of Adams 1-16-2007 by L.L. No.
1-2007. Amendments noted where applicable.]
An "adult entertainment" establishment is permitted to operate
in the Village of Adams if it meets each of the following requirements:
A.Â
The owner, operator or lessee has obtained an adult entertainment establishment permit from the Village Clerk. (Note§ 50-4 below.)
B.Â
The establishment premises are located 500 feet or farther away from
any church, school, licensed child-care center, or single-family residential
zoning district.
C.Â
The establishment premises are located 500 feet or farther from any
other adult entertainment use for which a Village permit has been
issued.
D.Â
The establishment premises are located on property which has 100
feet or more of street frontage on a designated arterial street.
E.Â
The establishment premises are located in an industrially zoned section
of the Village.
F.Â
The establishment premises complies with or meets the applicable
health, zoning, building codes, fire and property maintenance ordinances
of the Village of Adams.
The purpose of this chapter is to regulate "adult entertainment"
establishments in the Village of Adams, New York, in furtherance of
the protection of public safety and health and in furtherance of economic
development within the Village limits of Adams.
For the purposes of this chapter, the following definitions
are adopted:
Any business including but not limited to:
Adult media outlets;
Adult motion-picture theaters;
Juice bars;
Establishments public or private which present any of the following
entertainments or services: topless and/or bottomless dancers; strippers;
topless waitresses, busing or service; topless hair care or massages;
service or entertainment where the servers or entertainers wear pasties
or G-strings or both; adult arcades; adult bookstores or adult video
stores; adult cabarets, adult motion-picture theaters; adult theaters;
nude model studios and sexual encounter centers.
Magazines, books, videotapes, movies, slides, paraphernalia
or other media which are distinguished or characterized by their emphasis
in matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas."
Any establishment that rents, sells or offers for viewing
or other use any adult media, and which meets at least one of the
following tests: more than 50% of the gross floor area is devoted
to adult media; or more than 50% of the gross sales (including rentals)
on an annual basis result from the sale or rental of adult media.
An enclosed building used for presenting or showing, for
money or other consideration, movie or video films or pictures or
other materials distinguished or characterized by an emphasis on matter
depicting, describing, or relating to "specified sexual activities"
or "specified anatomical area" (separately defined) for observation
by customers therein.
Any person who provides adult entertainment within an "adult
entertainment establishment" as defined in this section, whether or
not a fee is charged or accepted for entertainment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An establishment that does not serve alcoholic beverages
or allow on-premises consumption of alcoholic beverages but does provide
totally or partially nude "dancing" (i.e., stripping).
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
Any person operating, conducting or maintaining an adult
entertainment establishment.
Any individual, partnership, trust, incorporated or unincorporated
association, marital community, joint venture, governmental entity
or other entity or group of persons however organized.
Any area generally visible to the public view and includes
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking
lots and automobiles whether moving or not.
Any person who serves food or drink at an adult entertainment
establishment.
Sexual conduct, being actual or simulated, acts of human
masturbation; sexual intercourse; or physical contact, in an act of
apparent sexual stimulation or gratification, with a person's
clothes or unclothed genitals, pubic hair, buttocks or the breast
of a female.
Uncovered or exposed human genitals, pubic hair; or buttock;
or female breast or breasts below a point immediately above the top
of the areola or nipple; or a combination of the foregoing.
A.Â
Permit required for adult entertainment establishments.
(1)Â
It is unlawful for any person to operate or maintain an adult entertainment
establishment in the Village of Adams, New York, unless the owner,
operator or lessee thereof has obtained an adult entertainment establishment
permit from the Village, or to operate such establishments after such
permit has been revoked or suspended by the Village.
(2)Â
It is unlawful for an entertainer, employee or manager to knowingly
perform any work, service or entertainment directly related to the
operation of a nonpermitted adult entertainment establishment.
(3)Â
It shall be prima facie evidence that any adult entertainment establishment
that fails to have posted, in the manner required by this section,
an adult entertainment establishment permit, has not obtained such
a permit.
B.Â
Permit required for managers, servers and entertainers. It is unlawful
for any person to work as an entertainer, server or manager at an
adult entertainment establishment without first obtaining a permit
to do so from the Village, or to work as an entertainer, server or
manager at an adult entertainment establishment after such person's
permit to do so has been revoked or suspended.
C.Â
Permit, classification and fees.
(1)Â
The permit year for all fees required under this chapter shall be
from January 1 through December 31. The application for a permit shall
be accompanied by a certified or cashier's check or money order;
and no application shall be considered complete until such fee is
paid.
(2)Â
All permits shall be issued for a specific location and shall be
nonrefundable and nontransferable.
(3)Â
The fee amount will be established periodically by resolution of
the Village Board.
D.Â
Permit applications.
(1)Â
Adult entertainment establishment permit. All persons desiring to
secure a permit to operate an adult entertainment establishment under
the provisions of this chapter shall make a verified application with
the Village Clerk. All applications shall be submitted in the name
of the person proposing to conduct or operate the adult entertainment
establishment. All applications shall be submitted on a form supplied
by the Village Clerk and shall require the following information:
(a)Â
The name, residence address, home telephone number, occupation,
date and place of birth and social security number of the applicant;
(b)Â
The name of the adult entertainment establishment, a description
of the adult entertainment to be performed or undertaken on the permitted
premises, and the name of the owner of the premises where the adult
entertainment establishment will be located;
(c)Â
The names, residence addresses, social security numbers and
dates of birth of all partners, if the applicant is a partnership;
and if the applicant is a corporation, the same information for all
corporate officers, directors and stockholders who own more than 10%
or greater interest in the corporation;
(d)Â
The addresses of the applicant, or of all partners, or of all
corporate officers and directors for the five years immediately prior
to the date of application;
(e)Â
A statement from the applicant, or from all partners, or from
all corporate officers and directors whether any such person or entity,
in previously operating in this or any other city, county of state,
has had a business permit of any type revoked or suspended, and, if
so, the reason for the suspension or revocation;
(f)Â
A statement of the business, occupation or employment of the
applicant, or of all partners, or of all corporate officers and directors
for the three years immediately preceding the date of the application;
(g)Â
A statement from the applicant, or from each partner, or from
each corporate officer and director, that each such person has not
been convicted of, released from confinement for conviction of, or
diverted from prosecution on:
[1]Â
A felony criminal act within five years immediately preceding
the application; or
[2]Â
A misdemeanor criminal act involving sexual offenses, prostitution,
promotion of prostitution, sexual abuse of a child, pornography or
related offenses as defined in the New York State Criminal Code, or
involved controlled substances or illegal drugs or narcotics offenses
as defined in the New York State Controlled Substances Act or other
statutes or ordinances within two years immediately preceding the
application.
(h)Â
A statement signed under oath that the applicant has personal
knowledge of the information contained in the application and that
the information contained therein is true and correct and that the
applicant has read the provisions of this chapter regulating adult
entertainment businesses.
(i)Â
Provision of a statement, acknowledged by a notary public, of
the owner of the property giving written consent for the use of the
property by an adult entertainment establishment.
(j)Â
Failure to provide the information and documentation required
by this subsection shall constitute an incomplete application which
shall not be processed.
(2)Â
Adult entertainment manager, server, entertainer permit. All persons
desiring to secure a permit under the provisions of this chapter to
be an adult entertainment manager, server or entertainer shall make
a verified application with the Village Clerk. All applications shall
be submitted in the name of the person proposing to be an adult entertainment
manager, server or entertainer. All applications shall be submitted
on a form supplied by the Village Clerk and shall require the following
information:
(a)Â
The applicant's name, home address, home telephone number,
date and place of birth, social security number and any stage names,
aliases or nicknames used in entertaining;
(b)Â
The name and address of each adult entertainer establishment
where the applicant intends to work as a manager, server or entertainer,
and an intent-to-hire statement from an adult entertainment establishment
that is permitted, or that has applied for a permit, under the provisions
of this chapter, indicating the adult entertainment establishment
intends to hire the applicant to manage, serve or entertain on the
premises;
(c)Â
Statement.
[1]Â
A statement from the applicant that said applicant has not been
convicted of, released from confinement for conviction of, or diverted
from prosecution on:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[a]Â
A felony criminal act within five years immediately preceding
the application; or
[b]Â
A misdemeanor criminal act involving sexual offenses, prostitution,
promotion of prostitution, sexual abuse of a child, pornography or
related offenses as defined in the New York State Criminal Code, or
involved controlled substances or illegal drugs or narcotics offenses
as defined in the New York State Controlled Substances Act or other
statutes or ordinances within two years immediately preceding the
application.
[2]Â
The statement shall also indicate the applicant has not been
convicted of a municipal ordinance violation or diverted from prosecution
on a municipal ordinance violation within two years immediately preceding
the application where such municipal ordinance violation involved
sexual offenses, indecent exposure, prostitution or sale of controlled
substances or illegal drugs or narcotics;
(d)Â
A full set of fingerprints and a photograph, to be taken by
the Police Department, of the applicant;
(e)Â
The applicant shall present to the Village Clerk who shall copy
documentation that the applicant has attained the age of 18 years
at the time the application is submitted. Any of the following shall
be accepted as documentation of age:
[1]Â
A motor vehicle operator's license issued by any state,
bearing the applicant's photograph and date of birth;
[2]Â
A state-issued identification card bearing the applicant's
photograph and date of birth;
[3]Â
An official and valid passport issued by the United States of
America;
[4]Â
An immigration card issued by the United States of America;
[5]Â
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the Village Clerk; or
[6]Â
Any other form of identification that is deemed reliable by
the Village Clerk.
(f)Â
Failure to provide the information required by this subsection
shall constitute an incomplete application and shall not be processed.
(3)Â
Examination of application - issuance of permit - disapproval.
(a)Â
If the application for an adult entertainment establishment
or an adult entertainment establishment manager, server or entertainer
is in proper form and accompanied by the appropriate permit fee, the
governing body shall examine the application, and after such examination,
the Village Planning Board shall, if the applicant is qualified, approve
a permit as provided for by law.
(b)Â
The record of the Village Planning Board shall show the action
taken on the application, and if the permit is approved the Village
Planning Board shall direct the Village Clerk to issue the property
permit. The permit shall state that it is not transferable to other
persons and the calendar year for which it is issued. The permit shall
be kept posted in a conspicuous place in the establishment that is
permitted or where the individual is working.
(c)Â
If an application for a permit is disapproved, the applicant
shall be immediately notified by registered or certified mail to the
applicant's address as shown on the application, and the notification
shall state the basis for such disapproval.
(4)Â
Permit - ineligibility and disqualification. No person is eligible
nor shall a permit be issued to:
(a)Â
An adult entertainment establishment application if one or more
of the following conditions exist:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]Â
The applicant's premises are located within 500 feet of
any school, church, licensed child-care center, or single-family residential
zoning district. Measurements shall be made in a straight line from
the nearest point on the property line of such school, church, licensed
day-care center, or single-family residential zoning district;
[2]Â
The applicant's premises are located within 500 feet of
any other adult entertainment use for which there is a permit issued.
Measurement shall be made in a straight line without regard to intervening
structures or objects, from the nearest point of the exterior walls
of the building housing such other adult entertainment establishments;
[3]Â
The applicant's premises is located on property which has
less than 100 feet of street frontage on a designated arterial street;
[4]Â
The applicant's premises are located in any zoning district
other than the industrial zoning district;
[5]Â
The applicant failed to supply all information requested on
the application;
[6]Â
The applicant gave materially false, fraudulent or untruthful
information on the application;
[7]Â
The applicant's proposed premises does not comply with
or meet the requirements of the applicable health, zoning, building
code, fire and property maintenance ordinances of the Village; provided,
that upon a showing that the premises meets such requirements and
that the applicant is otherwise qualified, the application shall be
subject to reconsideration by the governing body;
[8]Â
The applicant has had an adult entertainment permit revoked
or suspended in this or any other municipality during the past five
years.
The following standards of conduct shall be adhered to by all
adult entertainment establishments permitted by the Village, their
employees, all adult entertainment managers, servers, entertainer
and patrons of adult entertainment establishments, while on or about
the premises of the business:
A.Â
Age restriction. Only persons 18 years of age or older shall be permitted
in the premises of any adult entertainment establishment.
B.Â
Exterior observation. The premises of all adult entertainment establishments
will be so constructed to include an anteroom, foyer, partition or
other physical barrier on all customer entrances that will insure
observation of the interior of the premises is not observable from
the exterior of the building. In addition, all windows will be covered
to prevent viewing of the interior of the building from the outside,
and all doorways not constructed with an anteroom or foyer will be
covered so as to prevent observation of the interior of the premises
from the exterior of the building. Any change to the exterior of the
building will require site plan approval by the Planning Commission.
C.Â
Exterior display. No adult entertainment establishment will be conducted
in any manner that permits the observation of live performers engaged
in an erotic depiction or dance or any materials or persons depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined in this chapter, from any exterior source
by display, decoration, sign, show window or other opening.
The Village of Adams Board of Trustees, its health officers
or other party designated by the Board of Trustees shall have the
authority to inspect the permitted establishments and businesses annually
or upon reasonable cause. Upon the finding of any discrepancies or
violations to the above mentioned rules, a violation notice shall
be served upon the proprietor of said operation with a requirement
of 24 hours' notice to correct said same. Upon the follow-up
inspection, if said violation is not corrected, then the following
penalties may be imposed:
A.Â
Each day a violation of this chapter continues shall constitute a
separate and distinct offense punishable by a fine not to exceed $250
or imprisonment for not more than 15 days, or both such fine and imprisonment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
The Village Board of Trustees may revoke said permit to operate an
adult entertainment establishment within the Village limits.
The Village Board of Trustees or its designee, will have the
responsibility of enforcing this Change to Zoning Law Pertaining to
Adult Entertainment Establishments.
If at any time, any term or provision of this chapter shall
be found to be invalid or unenforceable, the remaining provisions
hereof shall, to the fullest extent permitted by law, remain in full
force and effect unless to do so would substantially compromise the
purpose of the chapter contained.
This chapter is intended to be an addition to any current or
future laws, rules and regulations of New York State, the United States
Government or any other governing body.
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This adult entertainment establishment is regulated under a
permit issued by the Village of Adams, New York, on this date __________
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Village Clerk __________
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