[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.
ADULT ARCADE
ADULT BOOKSTORE
(1)
(2)
ADULT CABARET
(1)
(2)
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ADULT VIDEO STORE
ADULT USES
ESCORT
ESCORT AGENCY
ESTABLISHMENT
(1)
(2)
(3)
(4)
NUDITY
PERSON
SEMI-NUDE
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL ENLARGEMENT
TRANSFER OF OWNERSHIP OR CONTROL
(1)
(2)
(3)
The following definitions shall apply in this article:
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,
film, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
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.
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 photographic
reproductions which are characterized by the depiction or description
of specified anatomical areas or specified sexual activities.
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 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;
Offers sleeping room for rent for a period of time that is less
than 10 hours; or
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.
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.
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.
See "adult bookstore."
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies 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 furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The addition of any sexually oriented business to any other
existing sexually oriented business.
The relocation of any sexually oriented business.
The appearance of human bare buttocks, anus, genitals or
full female breast.
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 or sexual encounter center.
The male genitals and/or the vulva or more intimate parts
of the female genitals.
Any of the following:
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.
Includes any of the following:
The sale, lease or sublease of a sexually oriented business.
The transfer of securities which constitute a controlling interest
in a sexually oriented business, 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 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:
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:
Adult uses are permitted in the AE/I District, provided that:
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.
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.