[HISTORY: Adopted by the Town Board of the Town of Halfmoon 10-3-2000
by Ord. No. 4-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 165.
This chapter shall be known as the "Adult Use Business Regulation Law
of the Town of Halfmoon."
Based upon a comprehensive study of the adverse secondary impacts of
adult use establishments as documented in accordance with the rulings of the
U.S. Supreme Court and the study commissioned by the Town Board of the Town
of Halfmoon made by R.H. Penna, the Town of Halfmoon therefore finds that:
A.
There are adverse secondary impacts associated with the
establishment and operation of adult-oriented businesses within a community;
B.
Among these adverse secondary impacts are a deterioration
in the local quality of life; an adverse effect upon local property values;
an adverse effect upon local economic viability; an imposition, whether intentional
or unintentional, of exposure to adult-oriented expression undesired by neighbors,
pedestrians and passersby; an increase in traffic, noise, litter and nuisance,
criminal and illicit sexual behavior; a threat to the health and safety of
children and young adults and an undermining of the established sense of community;
C.
These adverse secondary impacts of the establishment
and operation of adult-oriented businesses are a threat to the general health,
safety and economic viability of the community;
D.
The unregulated establishment and operation of adult-oriented
businesses would lead to the widespread imposition of adverse secondary impacts
upon the residents, businesses, economic viability, property values and quality
of life of the Town and would therefore be detrimental to the general health,
safety and economic viability of the community;
E.
The U.S. Constitution and the Constitution and laws of
the State of New York grant to the Town of Halfmoon the powers, especially
police powers, to enact reasonable legislation and measures to regulate the
location and operation of adult-oriented businesses, hereinafter defined,
in order to protect the general health, safety and economic viability of the
community.
A.
It is the express intent of the Town of Halfmoon in adopting
this chapter to:
(1)
Ameliorate, mitigate, reduce or prevent the widespread
and unregulated imposition of the adverse secondary impacts of adult-oriented
businesses upon the residents, businesses, economic viability, property values,
quality of life and general health, safety and welfare of the community;
(2)
To protect the right of free expression, guaranteed by
the U.S. Constitution and the New York State Constitution, as may be expressed
and presented in the form of goods and services offered by adult-oriented
businesses.
B.
(1)
It is not the intent of the Town of Halfmoon in adopting
this chapter to:
(a)
Deny any person the right of free expression, guaranteed
by the U.S. Constitution and the New York State Constitution, as may be expressed
and presented in the form of goods and services offered by adult-oriented
businesses; or
(b)
To impose upon any person any additional limitations
or restrictions upon the right of free expression, guaranteed by the U.S.
Constitution and the New York State Constitution, as may be expressed and
presented in the form of goods and services offered by adult-oriented businesses,
beyond those granted to the Town under the U.S. Constitution, the New York
State Constitution and the laws of the State of New York regarding the time,
place and manner of that free expression. These constitutionally protected
rights are understood to include the right to sell, distribute and exhibit
the legal goods and services offered by adult-oriented businesses; or
(c)
To impose upon any person any additional limitations
or restrictions upon the right to obtain, view or partake of any communications
guaranteed by the U.S. Constitution and the New York State Constitution, as
may be expressed and presented in the form of goods and services offered by
adult-oriented businesses, beyond those granted to the Town under the U.S.
Constitution, the New York State Constitution and the laws of the State of
New York regarding the time, place and manner of that free expression; or
(d)
To estimate, decide, determine, resolve, consider, conclude,
judge or qualify in any manner or fashion the quality or value of the content,
nature, message, form, format, appearance, substance or presentation of the
free expression guaranteed by the U.S. Constitution and the New York State
Constitution, as may be expressed and presented in the form of goods and services
offered by adult-oriented businesses.
(2)
Aware that, according to numerous decisions of both federal
courts and courts of the State of New York, the regulation of the location
of adult businesses must be based upon a finding of the adverse secondary
impact of these businesses upon the community and must be directed solely
toward the mitigation of these impacts, not be directed toward any form of
speech or expression, be no broader than necessary and must provide alternative
locations within the Town for adult use businesses, the Town of Halfmoon hereby
adopts the following amendment to its Town Zoning Law.[1]
As used in this chapter, the following terms shall have the meanings
indicated:
Any business which:
Is the use of land, structures or location for an "adult entertainment
business" or as an "adult physical contact establishment," as herein defined;
Is any use of land, structure or location which, by the provisions of
the Penal Law is required to restrict the access thereto by minors;
Which is an establishment, location, building or structure which features
topless dancers, nude dancers, lap dancers or strippers, male or female; and
Which is a location, building or structure used for presenting, lending
or selling motion-picture films, video cassettes, cable television or any
such other visual media, or used for presenting, lending or selling books,
magazines, publications, photographs or any other written materials distinguished
or characterized by an emphasis on matters depicting, describing or relating
to "specific sexual activities" or "specific anatomical areas" as defined
below.
Adult use businesses, including adult bookstores, adult video stores,
adult motion-picture theaters, adult mini-motion-picture theaters, adult cabarets
and adult drive-in theaters shall be defined as follows:
ADULT BOOKSTOREAn establishment having a substantial or significant portion of its stock-in-trade in books, magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade, video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below.
ADULT MOTION-PICTURE THEATERA building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matters depicting, describing or relating to "specific sexual activities" or "specific anatomical areas," as defined below, for the observation of patrons therein;
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by its emphasis on matters depicting, describing or relating to "specific sexual activities" or "specific anatomical areas," as defined below, for the observation of patrons therein;
ADULT CABARETAn establishment which features live go-go dancers, exotic dancers, strippers, lap dancers, male or female, male or female impersonators, or similar entertainers whose performances are characterized by partial of full nudity;
ADULT DRIVE-IN THEATERA drive-in theater utilized for the material distinguished or characterized by its emphasis on matters depicting, describing or relating to "specific sexual activities" or "specific anatomical areas," as defined below, for the observation of patrons therein;
ADULT PHYSICAL CONTACT ESTABLISHMENTAny establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as a physical therapist or physical therapist assistant, and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.
A.
No adult use business may be established within 1,000
feet of the property line of any residential use property, church or other
house of worship, playground, park, day-care center, senior center, cemetery,
or structure, including fire stations and meeting halls, used as a community
center.
B.
No adult use business may be established within 1,500
feet of the property line of any school.
C.
An adult use business may not be established within 2,500
feet of any establishment selling alcoholic beverages, and should a new or
existing establishment seek an alcoholic beverage license, it is not to be
located within 2,500 feet of an established adult use business.
D.
Any private booths or areas within such adult use businesses,
either for the viewing of motion pictures or live performances, shall be subject
to the following requirements:
(1)
Any and all such booths, cubicles, studios, studies and
rooms for the private viewing of adult motion pictures and/or live performances
or areas shall be open to public view from the common area of the establishment;
that there not be any doors, curtains, blinds or other structures or devices
that shall impede observation of the entire area of such private viewing areas
from the common area of the establishment.
(2)
That such private viewing areas be well lighted and readily
accessible at all times and shall continuously be open to view.
(3)
Lighting throughout an adult establishment shall be sufficient
to illuminate every place to which patrons are permitted access.
E.
All adult use businesses shall be conducted in an enclosed
building. It shall be a violation to display or exhibit in the open air (outside
of the establishment), through a window, or by means of a depiction or decoration,
or to allow to be displayed or exhibited, any specified anatomical areas or
specified sexual activities.
The violation of this chapter shall be a Class A misdemeanor. In addition,
any person violating this chapter shall be liable to a civil penalty of $500
to be recovered by the Town of Halfmoon in a civil action or special proceeding.
Each day such violation continues shall constitute a separate violation of
this chapter. The Town of Halfmoon may also maintain an action or special
proceeding for an injunction or other equitable relief to compel compliance
with, or to restrain the violation of this chapter. The use of any remedy
shall not prevent the use of any other remedy hereunder. The listing of remedies
herein shall not deprive the Town of the use of any other remedies provided
by other provisions of law.
The establishment of adult use business shall only be permitted in the
Industrial Zone located on Route 67 along Stillwater and bordering Coons Crossing.
The official Map and Zoning Ordinance insofar as they are inconsistent herewith
shall be deemed amended by this Ordinance No. 4 of 2000 and the provisions
of this chapter shall control if there are any inconsistencies therein.
