To create an overlay zoning district whereby adult establishments
are sufficiently separated from each other and conflicting uses so
as to ameliorate the negative secondary effects of adult uses while
providing adult establishments sufficient area and opportunity to
operate within the Town so as not to suppress their existence.
As used in this chapter, the following terms shall have the
meanings indicated:
ADULT BOOKSTORE
An establishment which, as its substantial course of conduct,
presents adult entertainment for observation by patrons therein, or
which, as part of its substantial course of conduct, offers for sale,
rent, trade, lease, inspection or viewing books, films, videocassettes,
magazines or other such media, which are distinguished or characterized
by their emphasis on matters depicting, describing or relating to
specified anatomical areas or specified sexual activities.
ADULT CABARET
A nightclub, dance hall, bar, restaurant or similar commercial
establishment that regularly features:
A.
Persons who appear in a state of nudity or seminudity; or
B.
Live performances that are characterized by specified sexual
activities; or
C.
Films, motion pictures, videocassettes, slides or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or nudity.
ADULT ENTERTAINMENT
Any exhibition of any motion picture, live performance, display
or dance of any type which has as a significant or substantial portion
of such performance, or is distinguished or characterized by an emphasis
on any actual or simulated performance of specified sexual activities
or exhibition and viewing of specified anatomical areas.
ADULT ESTABLISHMENT
Includes adult bookstores, adult motion-picture theaters,
adult novelty stores, and further means any premises to which public
patrons or members are invited or admitted that is substantially devoted
to the purveyance, demonstration or display of specified sexual activities
or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
Any establishment for the presentation of motion pictures
that as its dominant theme, or distinguished or characterized by an
emphasis on, matters depicting, describing or relating to specified
sexual activities or specified anatomical areas for observations by
patrons therein.
ADULT NOVELTY STORE
Any establishment which as its substantial course of conduct
offers for sale, rent, trade, lease, inspection or viewing any adult
novelty items, sex toys, sexual gratification appliances or other
similar products, excluding contraceptives or similar products of
medical value, that are distinguished or characterized by their emphasis
on matters depicting, describing or relating to specified anatomical
areas or specified sexual activities.
SEXUALLY ORIENTED BUSINESS
An adult bookstore, adult establishment, adult motion-picture
theater, adult novelty store, adult cabaret, a business featuring
adult entertainment or other business classified as an adult establishment.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals or
pubic region.
B.
Human male genitals in a discernibly turgid state, even if opaquely
covered.
C.
Less than completely and opaquely covered nipples or areolas
of the human female breast.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual:
A.
Showing of human genitals in a state of sexual stimulation or
arousal; or
B.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or
C.
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts.
SUBSTANTIAL
Forty percent or more of a business stock-in-trade, display
space, floor space or retail sales in any one month. Upon reasonable
belief that an entity is in excess of the 40% threshold, that entity
shall provide all necessary records, receipts and documentation to
the Town upon request. Failure to do so shall result in a presumption
that the entity is operating in excess of the threshold.
The provisions of this article do not apply to the following
establishments: theaters, performing arts centers, civic centers and
dinner theaters where live dance, ballet, music and dramatic performances
of serious artistic, social or political merit are offered on a regular
basis; and in which the predominant business or attraction is not
the offering of entertainment which is intended for the sexual interests
or titillation of customers; and where the establishment is not distinguished
by an emphasis on or the advertising or promotion of nude or seminude
performances. While expressive live nudity may occur within these
establishments, this article seeks only to minimize and prevent the
secondary effects of sexually oriented businesses on the community.
Negative secondary effects have not been associated with these establishments.