Definitions. The following terms shall, for the purpose of this section,
have the meanings shown herein:
ADULT ARCADE
An establishment where, for any form of consideration, one
or more still or motion-picture projectors, slides projectors or similar
machines, or other image-producing machines, for viewing for five
or fewer persons each, are regularly used to show 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.
ADULT BOOKSTORE OR VIDEO STORE
A business which 1) derives 25% or more of its gross income
from the sale or rental of, or 2) utilizes 25% or more of its retail
selling area for or 3) has stock comprised of 25% or more of any of
the following: Books, magazines, periodicals, films, motion pictures,
videocassettes, DVDs, slides, compact discs and/or computer generation
or their visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT CABARET
A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment, whether or not alcoholic beverages
are served, which features:
(1)
Persons who appear nude or in a state of nudity or semi-nudity;
or
(2)
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities;
(3)
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.
ADULT LIVE ENTERTAINMENT
A business where an adult male or female exposes parts of
their body identified in specified anatomical areas.
ADULT HOTEL
A hotel or similar business which:
(1)
Offers public accommodations, for any form of consideration,
which provide patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions characterized by the depiction or description of specified
sexual activities or specified anatomical areas and which advertises
the availability of this sexually oriented type of material by means
of a sign visible from the public right-of-way, or by means of any
off-premises advertising including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television; or
(2)
Offers a sleeping room for rent for a period of time less than
10 hours; or
(3)
Allows a tenant or occupant to subrent the sleeping room for
a period of time less than 10 hours.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials having, as a dominant theme, material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
ADULT NOVELTY STORE
A business which 1) derives 25% or more of its gross income
from the sale, or rental of, or 2) utilizes 25% or more of its retail
selling area for or 3) has stock comprised of 25% or more of any of
the following: instruments, devices or paraphernalia which are designed
for use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of themselves or others.
ADULT USE
Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas,
including but not limited to adult arcades, adult bookstores or video
stores, adult cabarets, adult live entertainment, adult hotels, adult
motion-picture theaters, adult novelty stores and massage establishments.
(1)
Specified anatomical areas include any of the following:
(a)
Less than completely and opaquely covered human genitals, pubic
region, pubic hair or buttocks or female breast or breasts below a
point immediately above the top of the areola.
(b)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
(2)
Specified sexual activities include any of the following:
(a)
Human genitals in a state of sexual stimulation or arousal.
(b)
Acts of actual or simulated human masturbation, sexual intercourse,
oral copulation or sodomy.
(c)
Fondling or other intentional erotic touching of human genitals,
pubic region, buttocks, anus or female breasts.
(d)
Excretory functions as part of or in connection with any of the activities set forth in Subsection
(2)(a) through
(c) of this definition.
MASSAGE
A method of treating the external parts of the human body
by rubbing, stroking, kneading or vibrating with the hand or any instrument
or any other treatment or manipulation of the human body which occurs
as part of or in connection with specified sexual activities or where
any person providing such treatment, manipulation or service related
thereto exposes his or her specified anatomical areas.
MASSAGE ESTABLISHMENT
Any business where body rubs, body shampoos, massages (as
defined above) or similar services are administered. This definition
shall not include persons licensed or authorized pursuant to Article
155 of the Education Law, or specifically exempt from Article 155
of the Education Law. See Education Law § 7800 et seq.
SCHOOL
A public elementary, secondary or high school, or university
or college; and private schools with curricula equivalent to that
of public elementary, secondary or high schools, or universities or
colleges.