[HISTORY: Adopted by the Town Board of the Town of Van Buren 4-22-1996 by L.L. No. 5-1996. Amendments noted where applicable.]
Based upon the considered judgment of the Town Board, and after conducting a public hearing in regard thereto, the Town of Van Buren has determined that certain regulations of public entertainment are needed and necessary in order to promote the general good, morals, health and welfare of the citizens, including the children of the town and that the regulations set forth herein will promote and further those goals.
The words and terms used in this chapter shall have the following meanings:
- A. A public establishment which permits or provides space for topless dancers, bottomless dancers, nude dancers or strippers, male and/or female; or
- B. A public establishment used for or engaged in any manner in presenting, lending or selling motion picture films, video cassettes, cable television or any other such visual media or used for presenting, lending or selling books, magazines, publications or any other written materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as hereafter defined.
- A human being, a public or private corporation, an unincorporated association, a partnership or any business entity (including but not limited to a limited liability company).
- PUBLIC ESTABLISHMENT
- Any facility, building or area located within the Town of Van Buren to which members of the general public are invited or otherwise allowed access or entry with or without fee.
Adult entertainment businesses are prohibited within:
One thousand feet of any single-family, two-family or multiple-family dwelling, including structures devoted to both residential and commercial or business purposes.
One thousand feet of any public or private school.
One thousand feet of any church or other religious facility or institution.
One thousand feet of any public park.
The distances provided in this chapter shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult entertainment business is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult entertainment business is to be separated.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.
In addition to any criminal penalty, any person violating this chapter shall be liable for a civil penalty of $500 to the town to be recovered by the town in a civil action or special proceeding. Each day such violation continues shall constitute a separate violation of this chapter and the person shall be liable each day for the civil penalty. The town may also maintain an action or special proceeding for an injunction or equitable relief to compel compliance with or to restrain the violation of this chapter. The use of any one remedy shall not prevent the use of any additional remedy hereunder. The listing of remedies in this chapter shall not deprive the town of the use of any other remedies provided by other provisions of law.
This chapter is enacted pursuant to the power granted to the town by, but not limited to, the New York State Constitution, the New York Municipal Home Rule Law, the New York State General Municipal Law and the New York State Town Law.