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.
SPECIFIED ANATOMICAL AREAS
(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.
SPECIFIED SEXUAL ACTIVITIES
(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.
SUBSTANTIAL CONNECTION
(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.