[HISTORY: Adopted by the Town Board of the Town of New Lebanon 9-8-1997 by L.L. No. 2-1997. Amendments noted where applicable.]
Zoning — See Ch. 205.
In the development and execution of this chapter, it is recognized that adult bookstores and adult entertainment because of their very nature are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances and in close proximity to one another, thereby having a deleterious effect upon the adjacent area. Special regulation of such uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood, thereby have a direct deleterious effect on the health, safety and general welfare of the town and its inhabitants. The primary control or regulation is for the purpose of preventing a concentration of this use in any one (1) area.
As used in this chapter, the following terms shall have the meanings indicated:
- ADULT BOOKSTORE
- An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to specified sexual activity or specific anatomical areas (as defined below) for observation by patrons therein.
- ADULT ENTERTAINMENT
- Any business enterprise having as a substantial portion of its activity the presentation, characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities, of live shows, motion-picture films or sound recordings presented by coin- or slug-operated, or electronically or mechanically controlled, still or motion-picture machines, projectors or other image-producing devices; any business enterprise serving food and beer, wine or liquor whose entertainers or waiters and waitresses appear in a state that displays any specified anatomical areas; or any business enterprise that offers services requiring the client or customer to display any specified anatomical areas, except medical and health services establishments.
- SPECIFIED ANATOMICAL AREAS
- Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
- SPECIFIED SEXUAL ACTIVITIES
- Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
No adult bookstore and/or adult entertainment establishment shall hereafter be located within two thousand five hundred (2,500) feet from the nearest property line of any public, private or parochial school, library, park or playground, church, convent, monastery, synagogue or other place of worship. No adult bookstore shall hereafter be located within two thousand five hundred (2,500) feet from the nearest property line of an adult entertainment establishment.
In addition to the following, it shall be unlawful to hereafter open, establish, own or manage any adult bookstore and/or adult entertainment establishment within two thousand five hundred (2,500) feet from the nearest property line of any public, private or parochial school, library, park or playground, church, convent, monastery, synagogue or other place of worship.
Violation of this section is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding one (1) year, or by both fine and imprisonment. Each day or any portion thereof in which any violation of this section is committed, permitted or continued shall constitute a separate offense. In addition to these penalties, the town may institute any appropriate action or proceedings to enjoin the establishment or continuance of such use in violation of the provisions hereof or take such other legal or administrative action deemed necessary or desirable to correct or abate such violation.