[HISTORY: Adopted by the Town Board of the Town of Fort Edward 4-9-2001
by L.L. No. 2-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 108.
The Town Board hereby finds that the conduct of adult uses results in
decreased property values, increased loss of business for non-adult businesses
and deterioration of residential neighborhoods. This chapter will protect
the general welfare, health, safety and well-being of the persons and property
of the town and the integrity of the Town Master Plan and Zoning Ordinance
by regulating the conduct of adult uses. This chapter is adopted in accordance
with Municipal Home Rule Law § 10 and Town Law Article 16.
As used in this chapter, the following terms shall have the meanings
indicated:
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still or motion-picture machines, projectors or other image producing devices
are maintained to show images to five or fewer persons per machine at any
one time, and where the images so displayed are distinguished or characterized
by depicting or describing specified adult activities or specified anatomical
areas.
A commercial establishment which offers for sale or rental for any
form of consideration any one or mote of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides or other
visual representations which depict or describe specified adult activities.
Instruments, devices or paraphernalia which are primarily intended,
labeled, designed, advertised or promoted for use in connection with specified
adult activities.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of specified
anatomical areas or by specified adult activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description of specified
adult activities or specified anatomical areas.
A public or private establishment, or any part thereof, which presents
any of the following entertainments, exhibitions or services: topless and/or
bottomless dancers; strippers; topless waitressing, busing or service; topless
hair care or massages; service or entertainment where the servers or entertainers
wear pasties or G-strings or both; adult arcade; adult bookstore or adult
video stores; adult cabarets; adult motels; adult motion-picture theaters;
adult theaters; escort agencies; nude model studios and sexual encounter centers.
Adult use and entertainment establishments customarily exclude persons 17
years of age and younger.
A hotel, motel or similar commercial establishment which offers accommodations
to the public for any form of consideration; provides patrons with closed-circuit
television transmissions, films, motion pictures, videocassettes, slides or
other photographic reproductions which are characterized by the depiction
or description of specified adult activities or specified anatomical areas,
and has a sign visible from the public right-of-way which advertises the availability
of this adult type of photographic reproductions.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic reproductions
are regularly shown, which are characterized by the depiction or description
of specified adult activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity or live performances
which are characterized by the exposure of specified anatomical areas or by
specified adult activities.
A person who, for a fee, tip or other consideration, agrees or offers
to act as a date for another person; for consideration, agrees or offers to
privately model lingerie for another person; for consideration, agrees or
offers to privately perform a striptease for another person; or, for consideration
but without a license granted by the State of New York, agrees or offers to
provide a massage for another person.
A person or business association who or which furnishes, or offers
to furnish, or advertises to furnish, escorts as one of its primary business
purposes for a fee, tip or other consideration.
Any place where a person who appears in a state of nudity or displays
specified anatomical areas is regularly provided to be observed, sketched,
drawn, painted, sculptured, photographed or similarly depicted by other persons
who pay money or any form of consideration, other than as a part of a course
of instruction offered by an educational institution established pursuant
to the laws of the State of New York.
The appearance of specified anatomical areas.
An individual, proprietorship, partnership, corporation, association
or other legal entity.
A state of dress in which clothing covers no more than the specified
anatomical areas, as well as portions of the body covered by supporting straps
or devices.
A business or commercial enterprise that, as one of its primary business
purposes, offers, for any form of consideration, activities between male and
female persons and/or persons of the same sex when one or more of the persons
is in a state of nudity or seminude.
Includes any of the following:
Includes any of the following:
Adult entertainment uses shall be permitted with site plan review only
in the Light Industrial Zoning District(s); provided, however, that no adult
entertainment uses shall be conducted within 1,000 feet of institutions of
religious worship, schools, zoning districts which allow residential uses
or any existing adult entertainment uses. Any such use which is a preexisting
lawfully established use in such areas as of the effective date of this chapter
may be continued and maintained but may not be expanded or increased and may
not be resumed if such use is abandoned for a period of six consecutive months.
