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.
[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 relating to uses permitted in the PC Planned Center District.
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.
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.
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.