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Village of Ossining, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 10-5-1995 by L.L. No. 9-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Cabarets — See Ch. 100.
Licenses — See Ch. 171.
Zoning — See Ch. 270.
It is recognized that the buildings and establishments operated as adult entertainment uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Village of Ossining, this chapter is intended to restrict adult entertainment uses to a nonresidential area of the Village. The Board of Trustees hereby finds that the operational characteristics of adult uses increases the detrimental impact on a community when such uses are spread throughout the community. The Board of Trustees finds that, based upon common knowledge and experience and studies conducted by other municipalities, the adult entertainment uses sought to be regulated by this chapter have been associated with criminal and other socially undesirable behavior, such as disorderly conduct, prostitution, pornography, drug trafficking and substance abuse, which have the resulting effects of depressing property values in the surrounding neighborhood and increasing the burden upon law enforcement personnel and municipal expenditures therefor. Therefore, this chapter is intended to promote the health, safety and general welfare of the residents of the Village of Ossining by regulating the concentration and location of such uses.
A. 
General. Unless specifically defined below, words or phrases uses in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
B. 
Specific terms. As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An retail establishment or business having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, video tapes, films and viewing materials for sale or viewing materials for sale or viewing on the premises by use of motion-picture or other video devices or any coin operated means which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment or business containing a segment or section devoted to the sale or display of any such material.
ADULT ENTERTAINMENT CABARET
A public or private establishment which is licensed to serve food and/or alcoholic beverages which features topless, bottomless or totally nude dancers, strippers, male or female impersonators or similar entertainers.
ADULT ENTERTAINMENT PERFORMER
Any person employed by a business establishment which is engaged in an adult entertainment use as defined herein who performs as a masseuse, topless, bottomless or totally nude dancer, stripper, male or female impersonator or similar entertainer for the benefit or entertainment of patrons of such business.
ADULT ENTERTAINMENT USE
Any establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including, but not limited to, adult bookstores, adult motion picture theaters and adult entertainment cabarets.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
BUSINESS
Any commercial enterprise, association or arrangement for profit.
DISSEMINATION
The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a person, customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
MASSAGE
A method of treating the external part of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or office of any health care practitioner duly licensed by the State of New York, nor barbershops or beauty salons in which the massages are administered only to the scalp, the face, the neck or the shoulder. This definition shall not include a volunteer rescue squad or nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational or athletic facilities and facilities for the welfare of the residents of the area.
PERSON
Any individual, firm, partnership, corporation, association, business entity or legal representative, acting individually or jointly.
(1) 
Less than the completely and opaquely covered human genitals, pubic region, pubic hair or buttocks or female breast or breasts below a point immediately above the top of the areola.
(2) 
Human male genitals in a discernible turgid state even if completely and opaquely covered.
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of human masturbation, sexual intercourse or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
(1) 
In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
(2) 
In a partnership, limited or general, a person who shares in any potential profits or losses from the business or who shares in the ownership of the assets of the partnership business.
(3) 
In a corporation, a person who is an officer, director or holder, either directly, indirectly or beneficially, of 20% or more of any class of stock.
(4) 
Any person who furnishes 20% or more of the capital financing or assets of such business, whether in cash, goods or services.
[Amended 10-6-2009 by L.L. No. 6-2009]
No adult use shall be allowed or permitted to operate in any zoning district of the Village of Ossining, except a PC Planned Center District. All adult uses shall comply with the applicable provisions of the Village of Ossining Zoning Law[1] relating to uses permitted in the PC Planned Center District.
[1]
Editor's Note: See Ch. 270, Zoning.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use, including but not limited to any lighting, display, decoration, poster, photograph, video, sign, show, doorway, window, screen or other opening.
A. 
No person, firm, corporation or other business entity shall lease, rent, maintain, operate, use or allow to be operated or used any business, building or establishment or any part thereof which contains an adult use without first complying with the provisions of this section, as set forth below.
B. 
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate nor allowed to continue to operate until a certificate of registration is filed with the Village Clerk containing the following information:
(1) 
The address of the premises.
(2) 
The name and address of the owner(s) of the premises and the name address of the beneficial owner(s), if the property is held in a land trust.
(3) 
The name of the business or the establishment subject to the provisions of this chapter.
(4) 
The name, business and home address, business or home telephone numbers of all owners of the business or establishment subject to the provisions of this chapter.
(5) 
The names, business and home addresses, business and home phone numbers of all those persons having a substantial connection with the business entity subject to the provisions of this chapter.
(6) 
The date of the initiation of the adult use.
(7) 
The exact nature of the adult use.
(8) 
If the premises of the building in which the business containing the adult use is located is leased, a copy of the lease.
C. 
If there occurs any change in the information required for the certificate of registration, the Village Clerk shall be notified of such change, and a new or amended certificate shall be filed with the Village Clerk within 30 days of such change.
D. 
The processing fee for each certificate of registration or amendment thereto shall be set from time to time by resolution of the Village Board of Trustees.[1] Such certificate of registration shall be effective concurrently with the license issued annually as provided in § 60-6, and the processing fee shall be the annual charge for such license.
[Amended 8-3-1999 by L.L. No. 2-1999]
[1]
Editor's Note: The Schedule of Fees is on file in the Village offices.
E. 
No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than that stated in the certificate of registration. For the purposes of this section, a transfer shall include any change in the partners of a partnership or any change in the shareholders of a corporation.
F. 
The owner, manager or agent of any adult use shall cause a copy of the certificate of registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is used.
G. 
Any knowingly false statement or any statement which the registrant should reasonable have known to be false, which is provided in the certificate of registration or any document or information supplied therewith shall be grounds for rejection, suspension or revocation of the certificate of registration.
H. 
It is a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or to operate an adult use without having in force a certificate of registration complying with this section.
A. 
No adult entertainment use described in this chapter shall be established until the issuance of an annual license in compliance with this chapter and Chapter 171, Licenses. An application for such annual license shall be made in accordance with the provisions of §§ 171-4 and 171-5 of Chapter 171, Licenses.
B. 
The licensing officer, as defined in § 171-1, upon presentation of an application for a license required by this chapter and before acting upon the same, shall refer such application to the Chief of Police for a full investigation as to the truth of the statement contained therein and as to any or all other matters which might tend to aid in determining whether or not such application should be granted. The Chief of Police shall, within seven days after the referral of such application to him for investigation, furnish a written report to the licensing officer containing the result of his or her investigation.
C. 
Upon the report of the Chief of Police, the licensing officer shall refer the application to the Board of Trustees for final determination.
D. 
The Board of Trustees before making a final determination on such application shall hold a public hearing upon the merits of such application and direct the Village Clerk to cause a public notice of the time and place of such hearing to be published in the official newspaper at least 10 days prior thereto. Such public notice shall indicate the general nature of the public hearing and the fact that those persons interested therein may be heard at the time and place of such hearing. The Board of Trustees shall grant or deny the application within 14 days after the conclusion of the public hearing.
E. 
No application for a license to operate an adult use as defined in this chapter shall be issued:
(1) 
Unless the applicant and all persons having a substantial connection to the proposed adult use, are of good moral character;
(2) 
If the applicant or any person having a substantial connection to the proposed adult use has, within one year preceding the date of the application, been convicted of a felony or crime involving:
(a) 
Sexual abuse or misconduct;
(b) 
Prostitution or soliciting for the purposes thereof;
(c) 
Possession or sale of drugs or controlled substances;
(d) 
Moral turpitude or indecency; or
(e) 
Any violation of any laws relating to the sale of alcoholic beverages.
(3) 
Unless the applicant or any person having a substantial connection to the proposed adult use has complied with the provisions of Chapter 270, Zoning, and obtained all permits and/or approvals required thereunder;
(4) 
Unless a both a certificate of occupancy and certificate of registration has been issued for the premises upon which the proposed adult use is to be conducted or operated.
If the Board of Trustees shall approve the application, the licensing officer shall issue the license therefor. If the Board of Trustees shall disapprove the application, the licensing officer shall deny the license. In the event that the application is denied, the applicant shall be entitled to a hearing in accordance with the provisions of Chapter 171, Licensing.
A. 
No adult entertainment business shall employ a person to work as an adult entertainment performer unless such person possesses an adult entertainment performer permit to work as an adult entertainment performer.
B. 
No person may work in an adult entertainment establishment as an adult entertainment performer without having first applied for and having been granted a temporary or permanent adult entertainment performer permit from the Village Clerk as required herein:
(1) 
Any person desiring to work as an adult entertainment performer shall file with the Village Clerk a sworn permit application on a standard form supplied by the Clerk.
(2) 
The application shall contain the following information and shall be accompanied by the following documents:
(a) 
The applicant shall state his or her legal name and any aliases or stage names used or to be used by the applicant.
(b) 
The applicant shall submit satisfactory proof that he or she is at least 18 years of age, and a photocopy of such proof shall be retained by the Clerk.
(c) 
The applicant shall furnish a set of his or her fingerprints which have been taken by the Village of Ossining Police Department.
(d) 
The applicant shall submit a recent color photograph of himself or herself which shall be retained by the Clerk.
(e) 
The applicant shall state his or her residence address and mailing address if they be different.
(f) 
The applicant shall state whether he or she has, within the last three years, been convicted of any felony or crime, sexual abuse or misconduct; prostitution or soliciting for the purposes thereof; possession or sale of drugs or controlled substances; moral turpitude or indecency; or any violation of any laws relating to the sale of alcoholic beverages, and if so, the specified act involved, the date of conviction and the place of conviction.
(g) 
The applicant shall state whether he or she has had a previous temporary or permanent permit under this Code which has ever been suspended or revoked and, if so, the date of such suspension or revocation.
(3) 
Each application shall be accompanied by a nonrefundable application fee set from time to time by resolution of the Village Board of Trustees.[1]
[Amended 8-3-1999 by L.L. No. 2-1999]
[1]
Editor's Note: The Schedule of Fees is on file in the Village offices.
(4) 
Upon receipt of a completed application and accompanying fee, the Clerk shall immediately date such application and issue a temporary permit which shall entitle the applicant to work as an adult entertainment performer for a period of 21 days from the date thereof.
(5) 
The Clerk shall immediately refer such completed application, including attachments and fingerprint card, to the Chief of the Village of Ossining Police Department for an investigation into the truth of the statement contained therein. The Chief of Police shall complete his or her investigation and file his or her report with the Clerk within 14 days.
(6) 
The Clerk shall grant or deny the application within 21 days from its filing date.
(7) 
The Clerk shall deny the application for any of the following reasons:
(a) 
The applicant is under 18 years of age.
(b) 
The application contains a material false statement.
(c) 
The applicant has within the last three years been convicted been convicted of any felony or crime involving:
[1] 
Sexual abuse or misconduct;
[2] 
Prostitution or soliciting for the purposes thereof;
[3] 
Possession of sale of drugs or controlled substance;
[4] 
Moral turpitude or indecency; or
[5] 
Any violation of any laws relating to the sale of alcoholic beverages.
(d) 
The applicant has had a previous permit under this Code which was been suspended or revoked within one year of the date of his or her application.
(e) 
The granting of the application would violate a statute or ordinance or any order from a court of law which prohibits the applicant from obtaining employment as an adult entertainment performer.
(8) 
If the application is approved, the Clerk shall issue the applicant a permanent permit to obtain employment as an adult entertainment performer. Such permit shall be valid for a period of one year from the date of issue.
(9) 
The permit shall contain the following information:
(a) 
The legal name of the permittee and any aliases used.
(b) 
The legal address of the permittee.
(c) 
The birth date of the permittee.
(d) 
A color photograph of the permittee.
(e) 
The expiration date of the permit.
(f) 
The signature of the permittee.
(g) 
The signature of the Village Clerk.
(h) 
A permit number to be assigned by the Clerk.
(10) 
In the event that the permit is denied, the applicant shall be entitled to a hearing in accordance with the provisions of Chapter 171, Licenses.
Each adult entertainment establishment shall maintain a registry containing the name, address and telephone number and permit number of each adult entertainment performer currently employed by such establishment and of each adult entertainment performer employed by said establishment during the preceding twelve-month period.
No certificate, license or permit issued in accordance with this chapter shall be suspended or revoked, except in accordance with the procedures established in Chapter 171, Licenses.
A violation of any provision of this chapter shall be punishable as a violation under the Penal Law of the State of New York.