[Added 5-2-1995 by L.L. No. 9-1995]
Notwithstanding anything contained in Chapter 76, Amusement Devices, or Chapter 194, Special Events, adult use and entertainment establishments, as herein defined, shall only be allowed in M Manufacturing Districts as specifically set forth in this Code and only to the extent that it is consistent with local law and the New York State Penal Law relating to exposure, obscenity or lewdness.
The primary purposes of this article are as
follows:
A.
To preserve the character and quality of life in the
Town neighborhoods and business areas.
B.
To control such documented harmful and adverse secondary
effects of adult uses on the surrounding areas as: decreased property
value; the attraction of transience; parking and traffic problems;
increased crime (including prostitution, rape and assaults in the
vicinity of such uses); loss of business for surrounding nonadult
uses; and the deterioration of neighborhoods.
C.
To maintain property values.
D.
To prevent crime.
E.
To protect retail trade.
F.
To restrict minors' access to adult uses.
G.
To maintain the general welfare, safety and morals
for the Town of Irondequoit residents.
It shall be unlawful for any person to conduct,
maintain or operate an adult use and entertainment establishment unless
the premises wherein the same is conducted, maintained or operated
is licensed in the manner prescribed herein. Adult use and entertainment
establishments operating prior to the adoption of this article shall
apply for a license within 20 days after its enactment.
A.
Any person desiring to procure an adult use and entertainment
license shall make application therefor to the Town Board, upon a
form to be furnished by the Town Clerk. Such form shall contain, but
shall not be limited to, the following information:
(1)
The name, address, date of birth and social
security or tax identification number of the applicant.
(2)
Whether the applicant is an individual, partnership,
corporation or other association.
(3)
If a partnership, the names, addresses, dates
of birth and social security numbers of all persons having an interest
in the partnership.
(4)
If a corporation, the names, addresses, dates
of birth and social security numbers of all officers, directors and
managers, specifying their corporate status.
(5)
If a corporation, the name of each stockholder
having 10% or more of the total outstanding shares of any class of
stock. There shall also be given the number of shares held by the
stockholder and his or her percentage of the total outstanding shares
of stock.
(6)
The name, address, date of birth and social
security number of each and every employee and manager of the premises
at the time of the license application. Thereafter, if a license is
issued, the licensee is required to notify the Town Clerk of any additional
or change of employees and managers, together with the foregoing information.
(8)
The applicant's place of previous employment.
(9)
Whether any person mentioned in Subsection A(1), (3), (4), (5) and (6) has been engaged individually as an operator or manager of an adult use and entertainment establishment or similar business within the last five years and, if so, the name of such business, its address and the length of time such person operated or managed such business.
(14)
The name of the adult use and entertainment
establishment under which the applicant will operate and the location.
(15)
Whether the premises upon which the proposed
adult use and entertainment establishment is to be conducted complies
with the requirements of the Uniform Fire Prevention and Building
Code,[1] the Town of Irondequoit Municipal Code and any and all
other laws, ordinances, rules and regulations relating to health and
sanitation.
(16)
Whether the premises complies with the requirements
of this article of the Town of Irondequoit relating to and regulating
adult use and entertainment establishments, providing for the licensing
thereof, regulating the conduct of persons therein, defining offenses
and providing penalties for the violation thereof.
(17)
The nature of the adult use and/or entertainment
to be conducted.
(18)
The area of the floor space to be used by the
public, the maximum number of rooms to be occupied by the public and
the maximum number of tables in each occupied room and the number
of entrances and exits.
(19)
Whether any part of the premises to be used
will be used as a hotel, rooming house or lodging house and, if so,
the full particulars.
(20)
If the application is for an adult cabaret or
an adult motel, two copies of a scale drawing prepared by a licensed
architect, affixed to the application, showing the dimensions of all
occupied rooms; the locations of all tables; the width of aisles between
tables; the width of aisles between tables and walls, posts, poles,
bars, stages and other fixtures, appurtenances and appliances; and
the location of all exits, exit signs and emergency lighting.
(21)
The County Health Department permit number,
if required.
(22)
The days and hours of operation of the proposed
adult use and entertainment establishment.
(23)
In addition to the foregoing, any and all reasonably
relevant information concerning its application to operate an adult
use and entertainment establishment when requested to do so by authorized
officials of the Town.
B.
Said application shall be signed and duly verified
by the applicant before an officer authorized to administer oaths
in the form as set forth below. No such applications shall be granted
to conduct such adult use and entertainment establishment on premises
which do not conform to the requirements of this article and all laws
and regulations of the State of New York and all ordinances and regulations
of the Town of Irondequoit.
C.
The application shall be signed in the following form:
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State of New York: County of Monroe, SS:
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_______________, being duly sworn, deposes and
says; I am the _________________, above-named applicant, and make
this affidavit for the purpose of obtaining from the Town of Irondequoit
a license to operate an adult use and entertainment establishment
as provided in an ordinance relating to and regulating cabarets, providing
for the licensing thereof, regulating the conduct of persons therein,
defining offenses and providing penalties for the violation thereof.
I have personal knowledge of the matters stated in the foregoing application,
and the statements therein contained are true.
| |
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_______________________
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Sworn to before me this
_____ day of ______ 19___.
_________________________
Notary Public: Monroe County
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D.
Each applicant, manager of any proposed adult use
and entertainment establishment and any security guards shall submit
two sets of fingerprints and photographs to the Town of Irondequoit
Police Department. The fingerprints and photographs of each such person
shall be taken by the Town of Irondequoit Police Department, and the
applicant shall pay any fees required. If the applicant is a company
or corporation, then two full sets of fingerprints of a principal
officer of said company or corporation shall be provided in accordance
with this subsection. The Irondequoit Police Department shall forward
the applicant's fingerprints to the New York State Division of Criminal
Justice Services (DCJS) and shall be responsible for reviewing criminal
history record information disseminated by the DCJS. A certified check
or money order, in the amount specified by and made payable to the
DCJS to cover the cost of processing fingerprints, shall accompany
the application.
[Amended 12-15-1998 by L.L. No. 8-1998]
A.
The Town Board, upon presentation of such application
and before acting upon the same, shall refer such application to the
Irondequoit Police Department and the Director of Development Services
for a full investigation as to the truth of the statements contained
therein and as to any or all other matters which might tend to aid
said Town Board in determining whether or not such application should
be granted. The investigation by the Chief of Police shall also include
an examination into the present and projected noise, traffic and public
safety impacts of any proposed adult use and entertainment establishment.
Said Department of Police and Director of Development Services shall,
within 30 days after any application has been referred to them, furnish
a written report to the Town Board containing the result of their
investigation.
B.
Upon the receipt of the written report provided for in Subsection A above, the Town Board shall, upon at least 10 days' notice to the applicant, hold a public hearing upon such application, at which the applicant shall be given an opportunity to establish by competent evidence that the applicant or anyone owning an interest in an adult use and entertainment establishment shall comply with all of the requirements of this article and all other laws, ordinances, rules and regulations of the Town of Irondequoit. If, after such hearing, the Town Board shall find from a preponderance of the evidence that the foregoing facts have been established, it shall issue the applied-for license. If, after such hearing, the Town Board shall find that the foregoing facts have not been established by competent evidence, the application shall be denied. The action of the Town Board after such hearing shall be final. The Town Board may deny the application if:
(1)
The report of the Chief of Police, based on
police reports filed in his or her office, shall show that, within
the prior twenty-four-month period, the applicant or anyone owning
an interest in the proposed adult use and entertainment establishment
has been convicted of two or more of any of the following:
(a)
Exceeding occupancy limits.
(b)
Gambling.
(c)
Locked exit doors when premises are occupied
by a person or persons.
(d)
Obstructed exits and/or aisles.
(e)
Inoperable or nonexistent exit signs.
(f)
No smoke detectors.
(g)
Permitting disorderly premises (which shall
mean fights or assaults in or about the premises or riots or other
disturbances of a similar nature in or about the premises).
(2)
The report of the Chief of Police, based on
police reports filed in his or her office, shall show that any of
the following have taken place in the last 36 months, arising out
of the operation or maintenance of the premises for which the license
is applied for or has been granted hereunder:
(a)
A fire resulting in death or serious physical
injury as defined in Penal Law § 10.00, Subdivision 10,
as amended or changed, in which one or more fire code violations existed
on the premises at the time of the fire.
(b)
Death or serious physical injury as defined
in Penal Law § 10.00, Subdivision 10, as amended or changed,
taking place on the premises at the time or arising out of an incident
or incidents on the premises and taking place in close proximity in
time and place to the premises.
(c)
A riot as defined in Penal Law § 240.05,
as amended or changed, took place upon the premises or arising out
of an incident on the premises and taking place in close proximity
thereto in time and place.
(3)
The applicant or anyone owning an interest in
any proposed adult cabaret has, within three years preceding the date
of such application, been convicted of violating any laws or ordinances
relating to the sale of intoxicating liquor.
(4)
The applicant or anyone owning an interest in
any proposed adult use and entertainment establishment has ever been
convicted of a crime.
(5)
The applicant or anyone owning an interest in
the proposed adult use and entertainment establishment has ever been
convicted of violating any laws of ordinances relating to public morality
and decency.
C.
A failure to comply with the requirements of this
article and all laws and regulations of the State of New York and
all ordinances and regulations of the Town of Irondequoit, which failure,
in the judgment of the Town Board, adversely affects or tends to affect
the protection of the health, safety and welfare of the inhabitants
of the Town of Irondequoit, shall be a violation.
[Amended 2-4-1997 by L.L. No. 1-1997]
There shall be paid to the Town Clerk at the time an application is filed for a license pursuant to this article a license fee set in accordance with § 1-18, per annum, for an adult use and entertainment license and such other fee as the Town Board may determine by resolution, provided that in the event that a license is granted after the first of July of any year, the license fee shall be 1/2 of the amount of the annual license fee. The term of a license shall be for a period of one year, commencing with January 1 and terminating at the end of the following December, except that an original license shall be effective from the date the license is granted to the end of the month of December. Renewal applications shall be submitted to the Town Board at least 30 days prior to expiration of the license. Renewals of licenses shall be effective for the one-year term described above. Such license shall not be transferable and shall not authorize the person to whom it is granted to conduct an adult use and entertainment establishment at any other location other than that specified therein.
A.
The Town Board reserves the power unto itself to suspend
or revoke any license issued under the provisions of this article
at any time where the same was procured by fraud or false representation
of fact or for the failure to comply with the provisions of this article
or the laws and regulations of the State of New York and the Town
of Irondequoit by the person holding such license or any of his or
her servants, agents or employees if, in the judgment of the Town
Board, said violation adversely affects or tends to affect the protection
of the health, safety and welfare of the inhabitants of the Town of
Irondequoit or the conviction of the person holding the license of
any crime or an offense involving moral turpitude or the conviction
of the person holding such license of any law or ordinance relating
to the sale of intoxicating liquor or the conviction of any of his
or her servants, agents or employees of any crime or an offense involving
moral turpitude or immoral conduct is permitted on the licensed premises
or is occasioned in the vicinity of such premises as a result of its
existence.
B.
At least three days before suspending or revoking
any license, the Town Board shall cause to be mailed to the holder
of the license, at the address at which the adult use and entertainment
establishment is being conducted, a notice stating the time and place
of the hearing concerning the suspension or revocation at which the
licensee shall be entitled to be heard and introduce evidence. The
action of the Town Board relative to such suspension or revocation
shall be final, provided that whenever any person to whom a license
has been granted under the provisions of this article shall be convicted
of violating any of the provisions thereof, such conviction shall
be prima facie evidence of facts sufficient to warrant revocation
of the license held by such person. Upon the suspension or revocation
of a license for premises hereunder, it shall be unlawful to use or
occupy any portion of said premises as an adult use and entertainment
establishment.
No licensee, person owing, managing or operating
or conducting an adult cabaret shall allow or permit any person employed
by him or her in the capacity of an entertainer or servant or otherwise
to approach or accost any guest to dance with or have refreshments
with such employee as aforesaid during the hours of their employment,
nor shall any person in the premises of an adult cabaret approach
any person who is an employee of the owner or manager or operator
in the capacity of an entertainer or servant or otherwise during the
hours of their employment for the purpose of inducing any such person
so employed to dance with or have refreshments with such guests.
It shall be unlawful for any adult use and entertainment
establishment to have, permit or maintain any boxes or booths closed
by any door, screen, curtain or other device. It shall be unlawful
for any adult use and entertainment establishment to have, permit
or maintain any box or booth with an entrance thereto on any side
other than the side which faces the center of the main room.
It shall be unlawful for the licensee, owner,
proprietor, manager or person in charge of any adult use and entertainment
establishment to employ as an entertainer in such place any person
who is not at least 18 years of age and of good moral character.
It shall be unlawful for the licensee, owner,
proprietor, manager or person in charge of any adult use and entertainment
establishment to refuse admission to any peace officer or building
or fire inspector or any other official or employee of the Town of
Irondequoit charged with the duty of enforcing this article. Said
officers or employees shall have free access at all times to all adult
use and entertainment establishments.
It shall be unlawful for the licensee, owner,
proprietor, manager, employee or person in charge of any adult use
and entertainment establishment to admit or permit to be or remain
in and about the licensed premises any minor under the age of 18 years,
any lewd or dissolute person, any common prostitute, any drunken or
boisterous person or any person under the influence of intoxicating
liquor.
It shall be unlawful for any minor under the
age of 18 years, any lewd or dissolute person, any common prostitute,
any drunken or boisterous person or any person under the influence
of intoxicating liquor or any person whose conduct, while present
in said place, in any way tends to corrupt the public morals to be
or remain in or about any adult use and entertainment establishment
after being notified by the management or a peace officer to leave
the premises.
It shall be unlawful for any person to conduct
himself or herself in a boisterous manner or to use any profane, obscene
or indecent language in or about any adult use and entertainment establishment
or the hallways or entrance thereof. It shall be unlawful for any
person while dancing in any adult cabaret to conduct himself or herself
in an obscene manner as defined in the Penal Law of the State of New
York. It shall be unlawful for any person to bring into or have in
his or her possession or partake of any intoxicating liquors in any
place designated in this article as an adult cabaret. This shall not
apply to intoxicating liquors lawfully sold in the adult cabaret under
the provisions of the Alcoholic Beverage Control Law.
It shall be unlawful for any person to make
any misrepresentation or false statement as to his or her own age
or that of any other person for the purpose of obtaining admission
to any adult use and entertainment establishment.
A.
It shall be unlawful for the licensee, owner, proprietor, manager or person in charge of any adult use and entertainment establishment to permit on the premises any entertainment amplified by a mechanical device of such an intensity, character and duration as to disturb the peace, tranquillity and good order of the people of the Town of Irondequoit or which otherwise violates this chapter and Chapter 160, Noise, of the Town of Irondequoit.
B.
It shall be unlawful to operate an adult use and entertainment
establishment unless the premises are soundproofed or provision is
made so that no amplification or excessive noise is audible beyond
the property lines of the parcel upon which the adult use and entertainment
establishment is situated.
A.
It shall be unlawful for the licensee, owner, proprietor,
manager or person in charge of any adult use and entertainment establishment
to permit any disorderly, noisy, riotous or tumultuous conduct or
loitering on the premises so licensed.
B.
It shall be unlawful for the licensee, owner, proprietor,
manager or person in charge of any adult use and entertainment establishment
to permit any entertainment or exhibition of a lewd, suggestive, vulgar
or immoral type or to use therein any indecent or obscene language
or to sing any song of any lewd or vulgar character or to behave in
any manner intending to corrupt the public morals. Where any of the
aforementioned activities are defined by the Penal Law of the State
of New York, such definition shall be controlling.
C.
It shall be unlawful for the licensee, owner, proprietor,
manager or person in charge of an adult use and entertainment establishment
to permit any noise, disturbance, misconduct, disorder, act or activity
in the licensed premises or in the area in front of or adjacent to
the licensed premises or in any parking lot provided by the licensee
for use by the licensee's patrons which, in the judgment of the Town
Board, adversely affects or tends to affect the protection, health,
welfare, safety or repose of the inhabitants of the Town of Irondequoit
or results in the licensed premises becoming a focal point for police
attention or is offensive to public decency.
Each license issued hereunder shall be kept
posted at the main entrance of every place licensed hereunder.
A.
Outside doors shall remain closed at any time during
the hours of operation except for the opening of such doors to permit
the entrance or exiting of employees or patrons or where the Police
Department orders otherwise.
B.
All entrances and exits shall remain unlocked while
there are patrons in the premises, and all such exits shall be clearly
marked.
During the period that an adult use and entertainment
establishment is occupied by patrons, it shall be illuminated by sufficient
natural or artificial light to permit a person to read in every portion
thereof nine-point print of the kind generally used in the average
daily newspaper. No light on any part of the premises shall be permitted
to shine beyond the property line of the premises.
Each adult cabaret licensed hereunder shall
maintain adequate security during hours of operation to ensure the
public peace and order. The provision of this section shall require
each adult cabaret to employ not less that one unarmed, uniformed
security guard registered in accordance with Article 7 of the General
Business Law, as amended or changed, per every 100 patrons or portion
thereof. Security guards shall be required to wear a uniform of distinctive
or characteristic design which shall consist of matching shirt, pants
and hat bearing an insignia designating their security status.
The licensee and all stockholders, officers,
directors, agents, employees and concessionaires shall at all times
strictly and promptly conform to and comply with all laws, provision,
rules, regulations and requirements of all federal, state and municipal
authorities and agencies having jurisdiction, with respect to the
premises and the conduct and operation of the licensed business therein
and thereat, now in force or hereafter adopted during any license
period.
Adult use and entertainment establishments,
as defined above, are to be restricted as to location in the following
manner in addition to any other requirements of this Code:
A.
They shall be located only in an M Manufacturing District
and shall not be allowed in any M Manufacturing District that is also
a WD Waterfront Development District and/or an M Manufacturing District
which is proposed to be rezoned to a WD Waterfront Development District.
B.
The primary entrances of any adult use establishment
must be at least 700 feet from the property lines of any and all residences
or residentially zoned property, schools, day-care facilities, churches
(or other religious places of worship), parks, playgrounds or other
areas where large numbers of minors may congregate, open space or
greenbelt areas or governmental facilities.
C.
A distance of at least 1,000 feet, measured from the
outside walls of the structures, must be maintained between any adult
use entertainment establishment and any other adult use entertainment
establishment.
D.
All adult uses shall be conducted in an enclosed building.
Regardless of location or distance, no one who is passing by an enclosed
building having a use governed by the provisions of this article shall
be able to visually see any specified anatomical area or any specified
sexual activity by virtue of any display which depicts or shows said
area or activity. This requirement shall apply to any display, decoration,
sign, window or other opening.
E.
This subsection is enacted pursuant to the New York
State Penal Law § 245.02, as amended or changed:
(1)
A person is guilty of promoting the exposure
of a person when he or she knowingly conducts, maintains, owns, manages,
operates or furnishes any public premises or place where a person
appears in a state of nudity, as defined herein, or where a person
appears in such a manner that the private or intimate parts of his
or her body are unclothed or exposed.
(2)
Promoting the exposure of a person is a violation,
punishable by either a fine of $500, assessed by and payable to the
Town; additionally, the offender shall be liable to the Town for any
expense or loss or damage occasioned the Town by reason of such violation,
including reasonable attorney's fees; a term of imprisonment, fixed
by the court, not to exceed 15 days; or both. Additionally, this article
may be enforced by injunction issued by any court of competent jurisdiction.
(3)
The continuation of an offense against the provisions
of this article shall constitute, for each day the offense is continued,
a separate and distinct offense hereunder.
[Amended 2-4-1997 by L.L. No. 1-1997]
Violation of any provision this article shall be deemed a Class A violation of the Town of Irondequoit Municipal Code, punishable by and through § 1-16, Penalties for offenses, of the Town of Irondequoit Code.
Any nonconforming use which was lawfully existing
at the time of the enactment of this article shall become conforming
or terminate within one year from the effective date of this article
or risk the imposition of the above-referenced penalties.
