This chapter shall be known and cited as the "Adult Use and Entertainment Establishment Law of the Town of Hoosick."
[HISTORY: Adopted by the Town Board of the Town of Hoosick 11-8-1999 by L.L. No. 3-1999. Amendments noted where applicable.]
A.
Based upon a study conducted by this Town Board, as well as detailed studies conducted by numerous other localities, the Town Board of the Town of Hoosick hereby finds and declares that there are some uses of real property (hereinafter referred to as "adult use and entertainment establishments") which, due to their very nature, have objectionable characteristics which have numerous, serious, deleterious effects on the adjacent and nearby properties and neighborhoods. Those effects include urban blight, decrease in property values, attraction of transients, parking and traffic problems, increase in crime, loss of business for surrounding nonadult uses, deterioration of neighborhoods, and the availability of sexually oriented materials to minors. Special regulation of adult use and entertainment establishments is necessary to ensure that such adverse effects will not occur.
B.
It is the intent of this chapter to regulate the creation, opening, commencement and operation of adult use and entertainment establishments, as hereinafter defined, in the Town of Hoosick in order to achieve the following primary purposes:
(1)
To preserve the character and quality of life in the Town of Hoosick neighborhoods and business areas.
(2)
To control the documented harmful and adverse secondary effects of adult use and entertainment establishments on the surrounding areas, such as: decreased property values, attraction of transients, parking and traffic problems, increased crime, loss of business for surrounding nonadult uses, and deterioration of neighborhoods.
(3)
To prevent the deleterious location and concentration of sexually oriented businesses within the Town of Hoosick.
(4)
To maintain property values within the Town of Hoosick.
(5)
To discourage crime within the Town of Hoosick.
(6)
To protect retail trade within the Town of Hoosick.
(7)
To restrict the access of minors to adult use and entertainment establishments in the Town of Hoosick.
(8)
To maintain the general welfare, safety and morals of the people of the Town of Hoosick.
C.
The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Nor is it the purpose or effect of this chapter to restrict or deny the access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor the effect of this chapter to condone or legitimize the distribution of obscene materials.
The following words or phrases used in this chapter shall have the meanings hereinafter set forth:
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other video representations, which depict or describe specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are primarily intended, designed, labeled, advertised or promoted for use in connection with specific sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specific sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, principal business purpose shall mean 25% or more of any of the following:
The number of different titles of kinds of merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and/or display of such merchandise; or
The amount of advertising which is devoted to such merchandise, either in print or broadcast media.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction and description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
Offers sleeping rooms or other accommodations for rent for a period of time which is less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time which is less than 10 hours.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
A public or private establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, 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 motels, adult motion-picture theaters; adult theaters; escort agencies; massage establishments; nude model studios and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age.
Adult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult video stores, escort agencies, massage establishments, nude model studios, and sexual encounter centers.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
A person or business association who or which furnishes, or offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
Any establishment having a fixed place of business where massages are administered 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 to only the scalp, face, neck or shoulders. This definition shall also 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.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, or photographed, or similarly depicted by other persons who pay money or any form of consideration, other than as a part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York.
The appearance of human bare buttocks, anus, male genitals, female genitals, or full female breasts.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, massage establishment, nude model studio, or sexual encounter center.
Any of the following:
Includes the following:
The sale, lease, or sublease of an adult use and entertainment establishment;
The transfer of securities which constitute a controlling interest in an adult use and entertainment establishment, whether by sale, exchange or similar means;
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of an adult use and entertainment establishment.
A.
An adult use and entertainment establishment may not be operated within 1,500 feet of:
(1)
A church, synagogue or regular place of worship;
(2)
A public or private elementary, secondary school or licensed child day-care center;
(3)
A boundary of any residence, which shall include single-family, two-family, and multiple-family dwellings, as well as structures devoted to both residential and commercial or business purposes; or
(4)
A public park, playground or playing field, or other public places where large numbers of minors customarily congregate.
B.
For the purposes of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use and entertainment establishment is conducted to the nearest property line of the premises of a church or public or private elementary school or licensed child day-care center, or to the nearest boundary of an affected public park, playground, playing field, or residential dwelling or lot.
C.
An adult use and entertainment establishment may not be operated within 1,500 feet of another adult use, or on the same lot or parcel of land.
D.
For the purpose of this chapter, the distance between any two adult use and entertainment establishments shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
E.
An adult use and entertainment establishment may not be operated in the same building, structure, or portion thereof, containing another adult use.
F.
All adult use and entertainment establishments shall be conducted in an enclosed building.
G.
Regardless of the building location or distance, no one who is passing by an enclosed building having an adult use and entertainment establishment shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window, or other opening.
H.
No building containing an adult use and entertainment establishment shall be painted in garish colors or other fashion as will effectuate the same purpose as a sign.
I.
No loudspeakers or sound equipment shall be used as part of the adult use and entertainment establishment that can be heard or discerned by the public from any public or semipublic areas.
J.
Parking of registered vehicles on the site of an adult use and entertainment establishment shall be permitted only during the hours of operation.
K.
No dwelling unit shall be allowed as part of any adult use and entertainment establishment.
L.
No adult use and entertainment establishment shall be located in any building which also contains a residential dwelling unit.
M.
The property lines of the lot upon which any adult use and entertainment establishment is situated shall be at least 1,000 feet from the boundary of any adjacent municipality.
N.
Each adult use and entertainment establishment shall have direct access to a public street or highway.
A.
No person may operate an adult use and entertainment establishment in the Town of Hoosick except in accordance with the provisions of this chapter.
B.
Prior to the commencement of any adult use and entertainment establishment, and on an annual basis thereafter, the owner of a building or premises, his agent for managing, controlling or collecting rents, or any other person managing or controlling a building or premises, any part of which contains the adult use and entertainment establishment, shall register with the Town Clerk the following information:
(1)
The address of the premises;
(2)
The name of the owner of the premises and the names of the beneficial owner if the property is in a land trust or a similar form of ownership,
(3)
The addresses of the owners and beneficial owners;
(4)
The name of the adult use and entertainment establishment;
(5)
The names and addresses of the owners, beneficial owners, or the major stockholders of the adult use and entertainment establishment;
(6)
The nature of the adult use and entertainment establishment;
(7)
A copy of the lease if the premises upon which the adult use and entertainment establishment will be situated is leased;
(8)
The name and location of all other adult use and entertainment establishments located within the Town of Hoosick or within a ten-mile radius of the borders of the Town of Hoosick.
C.
It shall be unlawful for any person to establish, operate, or allow or authorize another person to operate an adult use and entertainment establishment without having first properly registered with and received certification of approved registration from the Town Clerk.
D.
The owner, manager or agent of a registered adult use and entertainment establishment shall display in a conspicuous place on it premises a copy of the registration form approved and issued by the Town Clerk.
E.
All registrations for adult use and entertainment establishments issued pursuant to this chapter shall expire on December 31 of the calendar year of issuance. Applications for renewal of a registration must be received in the Office of the Town Clerk on or before December 1 of any calendar year to be considered for renewal for the following year. Applications for renewal must contain all of the information set forth in Subsection B, above.
F.
The annual fee for the registration of an adult use and entertainment establishment shall be $1,000, payable in advance to the Town Clerk.
G.
Registrations issued under this chapter are nontransferable. Upon the transfer of ownership or control of any adult use and entertainment establishment, the registration shall be deemed to have been surrendered. A new application for registration containing all of the information set forth in Subsection B, above, shall be submitted to the Town Clerk within 20 calendar days of the transfer of ownership. A new registration fee must be submitted with the application.
H.
Prior to the commencement of any adult use and entertainment establishment, and on an annual basis thereafter, and upon any transfer of ownership or control, the premises must be inspected and found to be in full compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for an adult use and entertainment establishment and compliance with this chapter.
I.
The Town Building Inspector shall complete his inspection of an adult use and entertainment establishment within 10 calendar days of receipt of a written request for inspection. His certification that the premises are or are not in compliance shall be issued within 10 calendar days of the date of the inspection.
J.
Any owner and/or operator, employee or the owner and or operator or agent of the owner operator shall permit the Town Building Inspector, and any other official of a Town, county or state department or agency having permitting or regulatory authority over the adult use and entertainment establishment, to inspect the premises for the purpose of ensuring compliance with this chapter and all other applicable laws and ordinances at any time it is occupied or open for business.
K.
The inspection fee for any initial inspection or annual inspection by the Town Building Inspector shall be $250.
A.
Any person, firm, corporation or entity found to be violating any provisions of this chapter shall be served with a written notice by the Building Inspector, stating the nature of the violation and providing for and directing the immediate correction thereof. Such notice shall be served by one of the following methods:
(1)
By personal service;
(2)
By certified mail, return receipt requested, addressed to his or their last known address as shown on the latest completed assessment roll of the Town of Hoosick; or
(3)
By posting such notice in a conspicuous place upon the premises affected, and a copy thereof sent by regular mail, addressed to his or their last known address as shown on the latest completed assessment roll of the Town of Hoosick.
B.
Any person, firm, corporation or entity who shall violate any portion of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine in an amount not to exceed $500 and imprisonment for a period not to exceed 15 days, or both, for each violation. The continuation of a violation of the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct offense hereunder. Notwithstanding any other provision of this chapter, the registration of any such person, firm corporation or other entity for an adult use and entertainment establishment shall be deemed automatically revoked upon conviction of a violation of any of the provisions of this chapter.
C.
The owner and or any occupant and or tenant and or general agent of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
D.
Any person, firm, corporation or entity violating the provisions of this chapter shall become liable to the Town for any expense or loss or damage occasioned the Town by reason of such violation.
E.
The imposition of penalties as herein prescribed shall not preclude the Town or any other person from instituting appropriate legal action or proceedings to prevent, enjoin or restrain the use or occupancy of a building or premises or part thereof in violation of this chapter.
F.
The penalties and remedies set forth herein are in addition to all other penalties and remedies otherwise provided for by law.
It is hereby declared to be the intent of the Town Board that:
A.
In the event that a court of competent jurisdiction finds any provision or provisions of this chapter to be invalid in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid, and all other provisions of the chapter shall continue to be separately and fully effective.
B.
In the event that a court of competent jurisdiction finds the application of any provision of this chapter to a building or other structure or tract or land to be invalid, in whole or in part, the effect of such decision shall be limited to the person, property or situation involved in the controversy, and the application of any such provision to any other person, property or situation shall not be affected.
This chapter shall take effect immediately upon its adoption and filing with the Secretary of State in accordance with the provisions of § 27 of the Municipal Home Rule Law.