[HISTORY: Adopted by the Board of Trustees of the Village
of Canisteo 6-6-2005 by L.L. No.
1-2005. Amendments noted where applicable.]
It is the purpose of this chapter to prohibit the creation,
opening, commencement and/or operation of adult use and entertainment
establishments, as herein defined, in order to achieve the following:
A.
To preserve the character and the quality of life in the Village
of Canisteo's neighborhoods and business districts.
B.
To control such documented harmful and adverse secondary effects
of adult uses on the surrounding areas as decreased property values,
attraction of transients, parking and traffic problems, increased
crime, loss of business for surrounding nonadult businesses and deterioration
of neighborhoods.
C.
To restrict minors' access to adult uses.
D.
To maintain the general welfare and safety for the Village of Canisteo's
residents.
As used in this chapter, the following terms shall have the
meanings indicated:
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, which images so
displayed are distinguished or characterized by 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 visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are primarily intended,
labeled, designed, advertised or promoted 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 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 of 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 or kinds of such 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.
Any nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
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 or 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.
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 entertainments, 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.
Nude model studios.
Sexual encounter centers.
Adult use and entertainment establishments customarily exclude
minors by reason of age.
A person who, for a fee, tip or other consideration, agrees
or offers to act as a date for another person; for consideration,
agrees or offers to privately model lingerie for another person; for
consideration, agrees or offers to privately perform a striptease
for another person; or for consideration, but without a license granted
by the State of New York, agrees or offers to provide a massage 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 place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration.
The appearance of specified anatomical areas.
Any individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
specified anatomical areas, 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, activities
between male and female persons and/or persons of the same sex when
one or more of the persons is in a state of nudity or seminude.
Includes any of the following:
No adult use and entertainment establishments, as defined herein,
are permitted in any zoning district in the Village of Canisteo, New
York.[1]
A.
Criminal penalty. Any person who violates any provision of this chapter
shall, upon conviction thereof, be subject to a fine not to exceed
$250 or to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties therein prescribed as well as by prosecution of the offender as provided in § 42-4A or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal prosecution
for an alleged violation of the provisions of neither this chapter
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this chapter shall
not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate
a violation shall be cumulative.
