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.
As used in this chapter, the following terms shall have the meanings
indicated:
ADULT USE BUSINESSES
A.
Any business which:
(1)
Is the use of land, structures or location for an "adult entertainment
business" or as an "adult physical contact establishment," as herein defined;
(2)
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;
(3)
Which is an establishment, location, building or structure which features
topless dancers, nude dancers, lap dancers or strippers, male or female; and
(4)
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.
B.
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:
(1)
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.
(2)
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.
(3)
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;
(4)
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;
(5)
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;
(6)
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;
(7)
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.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region,
buttocks and female breast below a point immediately above the top of the
areola; or
B.
Human male genitals in a discernible turgid state, even if completely
or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Acts of human masturbation, sexual intercourse or sodomy; or
C.
Fondling or other erotic touching of human genitals, pubic regions,
buttocks or female breast.
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.