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Town of Ontario, NY
Wayne County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[Added 9-21-2020 by L.L. No. 5-2020]
It is the purpose of this article to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the citizens of the Town of Ontario and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the Town of Ontario. The provisions of this article have neither the purpose nor the intent of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the purpose or the intent of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the Constitution of the United States, the State of New York or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. It is not the purpose or the intent of this article to condone or legitimize the distribution of obscene materials.
A. 
The Adult Entertainment/Industrial (AE/I) District is established to designate areas of the Town for public utilities, light industrial, heavy industrial, adult entertainment and other uses.
B. 
Any use not specifically permitted in this article is not allowed in the Adult Entertainment/Industrial (AE/I) District.
A. 
In the interpretation of this article, the following rules apply:
(1) 
Words used in the present tense include the future tense.
(2) 
The singular includes the plural.
(3) 
The word "person" includes a corporation as well as an individual.
(4) 
The word "lot" includes the words "plot" or "parcel."
(5) 
The term "used" or "occupied" is applied to any land or structure and shall be construed to include the words "intended," "arranged" or "designed to be used or occupied."
B. 
The following definitions shall apply in this article:
ADULT ARCADE
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.
ADULT BOOKSTORE
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:
(1) 
Books, magazines, periodicals or other printed matter or photographs, film, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices or paraphernalia which are designed for use in connection with specified 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 specified sexual activities or specified anatomical areas and still be defined 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 of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity; or
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or photographic reproductions which are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1) 
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 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;
(2) 
Offers sleeping room for rent for a period of time that is less than 10 hours; or
(3) 
Allow a tenant or occupant of a sleeping room to sub-rent the room of a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
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 of specified sexual activities or specified anatomical areas.
ADULT THEATER
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.
ADULT VIDEO STORE
See "adult bookstore."
ADULT USES
Adult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies and sexual encounter centers.
ESCORT
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.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business.
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business.
(4) 
The relocation of any sexually oriented business.
NUDITY
The appearance of human bare buttocks, anus, genitals or full female breast.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE
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.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female person and/or persons of the same sex when one or more of the persons are in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1) 
The fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts.
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
(3) 
Masturbation, actual or simulated.
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections (1), (2) or (3) of this definition.
SUBSTANTIAL ENLARGEMENT
The increase in floor areas occupied by a sexually oriented business by more than 25% of the floor area as it exists on the effective date of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
(1) 
The sale, lease or sublease of a sexually oriented business.
(2) 
The transfer of securities which constitute a controlling interest in a sexually oriented business, whether by sale, exchange or similar means.
(3) 
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of a sexually oriented business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
The following principal and accessory uses and structures are permitted:
A. 
All principal and accessory uses and structures allowed in § 150-25.1 of this chapter.
The following principal and accessory uses and structures may be permitted pursuant to a special permit issued in accordance with the provisions of § 150-43:
A. 
All principal and accessory uses and structures allowed in § 150-25.2 of this chapter, subject to the same requirements as contained therein.
Adult uses are permitted in the AE/I District, provided that:
A. 
An adult use may not be operated within 1,000 feet of:
(1) 
A church, synagogue or regular place of worship;
(2) 
A public or private elementary school, secondary school or licensed child day-care center;
(3) 
A boundary of any residence or residential zoning district; or
(4) 
A public park.
B. 
An adult use may not be operated within 1,000 feet of another adult use or on the same lot or parcel of land.
C. 
An adult use may not be operated in the same building, structure or portion thereof containing another adult use.
D. 
For the purposes of this article, 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 is conducted to the nearest property line of the premises of a church or public or private elementary school, secondary school or licensed child day-care center or to the nearest boundary of an affected public park, residential district or residential lot.
E. 
For the purposes of this article, the distance between any two adult uses 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.
F. 
All adult uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by this chapter shall be able to see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows that area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.
A. 
The lot and bulk requirements set forth in § 150-25.3 of this chapter shall fully apply in AE/I District.
A. 
Prior to the commencement of any adult use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for an adult use business and in compliance with this chapter.
B. 
All code enforcement officials, including the Code Enforcement Officer, shall complete their certification that the premises are in compliance or not in compliance within 20 days of the inspection of the premises by such officials.
C. 
Any owner and/or operator, employee of the owner and/or operator or agent of the owner and/or operator shall permit representatives of the Town Building Department, the Wayne County Sheriff's Department, the New York State Police, the State Health Department, the Code Enforcement Officer or any other Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect the premises of an adult use business for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.
A. 
Any adult use business lawfully operating on the effective date of this article that is in violation of the location or structural configuration requirements of this article shall be deemed a nonconforming use. The continuation of the same use of substantially the same character and intensity shall be allowed. The nonconforming use will be permitted to continue unless terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the adult use business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
B. 
Any adult use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult use business, of a church, public or private elementary school or secondary school, public park, residential zoning district or a residential lot within 1,000 feet of the adult use business.
A certificate of occupancy for an adult use is required and shall be valid for a one-year period only. Such certificate of occupancy must be renewed on an annual basis and must be approved by the Town Board of the Town of Ontario after initial approval has been given by the Code Enforcement Officer. Such certificate of occupancy shall only be renewed after inspection by the Code Enforcement Officer to confirm that the adult use business is in full compliance with the terms of this article. The annual fee for such certificate of occupancy shall be a sum as set forth in the Town of Ontario Fee Schedule approved by resolution of the Town Board and on file with the Town Clerk.
A. 
The duration of a building permit for an adult use shall be for a period of six months. If construction has not been started within the six-month period, then the permit shall lapse and shall be of no force and effect.
It shall be deemed a violation of this article if the owner and/or operator, an employee of the owner and/or operator or an agent of the owner and/or operator of an adult use:
A. 
Has violated or is not in compliance with any section of this article.
B. 
Has refused to allow an inspection of the adult use business premises as authorized by this article.
C. 
Has had gambling take place on the adult use business premises.
D. 
Has had the possession, use or sale of a controlled substance occur on the premises.
E. 
Has had prostitution occur on the premises.
F. 
Has had any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct occur on the premises.
A violation of this article relating to an adult use shall be punishable as a violation by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both for the first offense. For the second and each subsequent offense punishment shall be by a fine not to exceed $500 or by imprisonment for a term not to exceed 45 days, or both. Each week in which the violation continues shall constitute a separate additional violation. In addition, the Town Board shall have such other remedies as are provided by law to enforce the provisions of this article.