As used in this section, 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, other periodicals, films,
slides and videotapes, and which establishment is customarily not
open to the public generally but excludes any minor by reason of age.
ADULT DRIVE-IN-THEATER
A drive-in theater that customarily presents motion pictures
that are not open to the public generally but excludes any minor by
reason of age.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless
dancers, bottomless dancers, strippers, male or female impersonators
or exotic dancers, or other similar entertainments, and which establishment
is customarily not open to the public generally but excludes any minor
by reason of age.
ADULT MOTEL
A motel which is not open to the public generally but excludes
minors by reason of age, or which make available to its patrons in
their rooms films, slide shows or videotapes, which if presented in
a public movie theater would not be open to the public generally but
would exclude any minor by reason of age.
ADULT NOVELTY STORE
An establishment having as a substantial or significant portion
of its stock-in-trade adult novelties or materials as such are defined
in § 235.00, Subdivision 2, of the Penal Law of the State
of New York, and which establishment is customarily not open to the
public generally but excludes any minor by reason of age.
ADULT THEATER
A theater that customarily presents motion pictures, films,
videotapes or slide shows that is not open to the public generally
but excludes any minor by reason of age.
BODY PIERCING SALON
An establishment which performs piercing activities upon
body parts and which establishment is customarily not open to the
public generally but excludes any minor by reason of age.
HEAD SHOP
An establishment having as a substantial or significant portion
of its stock-in-trade drug paraphernalia or accouterments, and which
establishment is customarily not open to the public generally but
excludes any minor by reason of age.
HOOKAH BAR
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking of
tobacco or other substances through one or more hookah pipes (also
commonly referred to as a "hookah," "waterpipe," "shisha" or ''narghile"),
including, but not limited to, establishments known variously as "hookah
bars," ·hookah lounges" or "hookah cafes."
MARIJUANA RETAIL STORE
A building, structure or premises engaged in the sale, use
or distribution of marijuana and/or marijuana products for nonmedical
use. A building, structure or premises shall be considered a marijuana
retail store, regardless of whether products in addition to marijuana
products are offered for sale, use or distribution at the building,
structure or premises and regardless of the amount of marijuana or
marijuana products available for sale, use or distribution at the
building, structure or premises in comparison to other products offered
for sale, use or distribution at the building, structure or premises.
MEDICAL MARIJUANA DISPENSARY
A building, structure or premises authorized by the New York
State Department of Health to dispense or distribute medical marijuana
in accordance with Article 33 of the Public Health Law and Part 1004
of Title 10 of the New York Codes, Rules and Regulations.
MARIJUANA
The term "marijuana" shall have the same definition ascribed
to "marihuana" in § 3302 of the New York Public Health Law.
MARIJUANA PRODUCT
Marijuana and/or any material, substance or other thing derived
(in any manner) from marijuana or which contains marijuana as a component
part in any amount or concentration.
MEDICAL MARIJUANA
The term "medical marijuana" shall have the same definition
ascribed to medical marihuana in § 3360 of the New York
Public Health Law.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
massages are administered for pay, including, but not limited to,
massage parlors, sauna baths and steam baths. This definition shall
not include a hospital, nursing home or medical clinic or the office
of a physician, surgeon, chiropractor, osteopath or duly licensed
physical therapist or barbershops or beauty salons in which massages
are administered only to the scalp, face, neck or shoulders. This
definition also shall exclude health clubs which have facilities for
physical exercise rooms, and which do not receive their primary source
of revenue through the administration of massages.
PEEP SHOWS
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes minors by reason of age.
TATTOO PARLOR
An establishment which performs tattoo activities and which
is not open to the public generally but excludes minors by reason
of age.
VAPE SHOP
Any facility or location whose business operation, whether
as its primary use or as an ancillary use, includes the smoking or
selling of electronic cigarettes, vapors, e-liquids, otherwise legal
marijuana derivatives, or other substances that are smoked through
an electronic cigarette or any similar product.