[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.]
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.
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT ENTERTAINMENT PERFORMER
ADULT ENTERTAINMENT USE
ADULT MOTION-PICTURE THEATER
BUSINESS
DISSEMINATION
MASSAGE
MASSAGE ESTABLISHMENT
PERSON
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL CONNECTION
(1)
(2)
(3)
(4)
Specific terms. As used in this chapter, the following
terms shall have the meanings indicated:
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.
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.
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.
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.
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.
Any commercial enterprise, association or arrangement for
profit.
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.
A method of treating the external part of the human body
by rubbing, stroking, kneading or vibrating with the hand or any instrument.
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.
Any individual, firm, partnership, corporation, association,
business entity or legal representative, acting individually or jointly.
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.
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.
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.
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.
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:
(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.
(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:
(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.
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.