Each licensed premises shall:
A. 
Conform to all applicable building statutes, codes or ordinances, whether federal, state or county or Town.
B. 
Conform to all applicable fire statutes, codes or ordinances, whether federal, state or local.
C. 
Conform to all applicable health statutes, codes or ordinances, whether federal, state or local.
D. 
Have each and every glass area that faces a public thoroughfare in which casual passersby can see the materials or activity inside the licensed premises covered over by black paint or other opaque covering, provided that this requirement shall not apply if the uncovered glass area exposes to public view only a lobby or anteroom containing no material or activity other than a reception counter or desk and chairs or couches for customers to use while waiting.
E. 
Each licensed premises shall be deemed to be a "place serving the public" for the purpose of sanitary facilities, provided that when more than one license is issued for a single location, they shall collectively be considered as one licensed premises, if customers may circulate freely throughout the entire area of the licensed premises.
F. 
Sanitary facilities requirements.
(1) 
Water supply. The water supply must be adequate, of safe and sanitary quality and from an approved source in accordance with applicable health codes.
(2) 
Plumbing. Plumbing shall be sized, installed and maintained in accordance with provisions of the New York State Uniform Fire Protection and Building Code.
(3) 
Restrooms. All toilet facilities must be of readily cleanable design and kept clean, in good repair and free from objectionable odors. Restrooms must be vented to the outside of any building, be equipped with mechanical exhaust systems and be well-lighted. Floors shall be of impervious easily cleanable materials. Walls shall be smooth, nonabsorbent and easily cleanable.
[Amended 12-5-2006 by L.L. No. 18-2006]
No adult bookstore, adult motion-picture theater or adult dancing establishment shall:
A. 
Display a sign advertising the presentation of any activity prohibited by a New York State statute, a Town of Clarkstown local law, or any applicable municipal or county ordinance.
B. 
Display a sign capable of leading a reasonable person to believe that the establishment engages in an activity prohibited by a New York State statute, a Town of Clarkstown local law, or any applicable municipal ordinance of the Town of Clarkstown or County of Rockland.
C. 
Erect, install, maintain, alter or operate any sign in violation of any ordinance or local law of the Town of Clarkstown.
D. 
Display a sign in neon or any other media depicting any specified anatomical area or suggesting movements of all or part of the human body in a manner intended to invoke sexual messages.
E. 
Engage in, encourage or permit any form of personal advertising for the commercial benefit of the establishment or for the commercial benefit of any individual who displays or exhibits specified anatomical areas within the establishment.
No loudspeakers or sound equipment shall be used to describe or discuss specified anatomical areas or specified sexual activities which can be discerned by the public from public and/or semipublic areas.
A. 
No employee, as defined in this Part 2, shall engage in specified sexual activities on the licensed premises in the presence of patrons or spectators or for any form of consideration. Notwithstanding any provisions of this Part 2 to the contrary, it shall not be unlawful for any person or employee of a commercial establishment or adult entertainment establishment to expose specified anatomical areas in connection with the use of approved sanitary facilities commonly known as "restrooms." However, specified anatomical areas shall be exposed or displayed only in connection with excretory functions and may not be filmed or videoed and shown on a screen.
B. 
It shall be unlawful for any employee, customer or patron of a licensed premises to participate in a straddle dance, as defined in this Part 2, on the licensed premises.
C. 
No employee, while on the licensed premises or within the scope of his employment, shall contract or agree to perform for any form of consideration a straddle dance and actually perform said straddle dance, regardless of where such performance takes place.
D. 
It shall be unlawful for a customer or patron of a licensed premises to touch with the hands, or any object, an employee's pubic area or genitals, whether said employee is clothed or not.
In addition to the general requirements contained in this Part 2, an adult bookstore shall observe the following special requirements:
A. 
All materials, devices and novelties shall be so displayed that they cannot be seen by anyone other than customers who have entered the licensed premises.
B. 
If recordings, visual or aural, are offered for sale or rental and customers may listen to them while on the licensed premises, soundproof booths or rooms shall be available for use by customers who desire to listen or watch, and each such booth or room shall have:
(1) 
One clear window facing the major portion of the licensed premises, covering not less than 1/4 of the wall area into which the window is set, which window shall not be covered or obscured in any manner while the booth or room is in use.
(2) 
Sufficient chairs or couches to accommodate the expected number of persons who will occupy the booth or room at one time.
(3) 
The number of persons who may occupy the booth or room at one time clearly stated on or near the door to the booth or room, and only that number of persons shall be permitted.
(4) 
The door or doors opening into the booth or room incapable of being locked or otherwise fastened so that it or they will freely open from either side.
(5) 
All areas where a patron or customer is to be positioned visible from a continuous main aisle and not obscured by any curtain, door, wall or other enclosure.
[1]
Editor's Note: Former § 290-66, Massage establishments, was repealed 12-5-2006 by L.L. No. 18-2006. See now Ch. 126, Massage Establishents.
In addition to the general requirements contained in this Part 2, an adult motion-picture theater shall observe the following special requirements:
A. 
Each adult motion-picture booth shall be open or have a rectangular-shaped entranceway not less than two feet wide nor less than six feet high.
B. 
Each adult motion-picture booth shall have sufficient seats or couches to accommodate the maximum number of persons expected to use the booth. The maximum number of persons who may occupy a booth shall be stated on or near the entranceway, and only that number shall be permitted to be in a booth at one time.
C. 
All areas where a patron or customer is to be positioned must be visible from a continuous main aisle and must not be obscured by any curtain, door, wall or other enclosure.
D. 
In addition to the sanitary facilities required by Article XII, § 290-61, there shall be provided within or adjacent to the common corridor, passageway or area in adult motion-picture theaters having adult motion-picture booths adequate lavatories equipped with running water, hand-cleansing soap or detergent and sanitary towels or hand-drying devices; common towels are prohibited.
E. 
An adult motion-picture theater designed to permit viewing by patrons seated in automobiles shall have the motion-picture screen so situated or the perimeter of the licensed premises so screened that the projected film material may not be seen from any public right-of-way or residential property.
A. 
In addition to the general requirements contained in this Part 2, an adult dancing establishment shall observe the following requirements:
(1) 
Persons engaged in displaying or exposing specified anatomical areas are prohibited from simulating sexual activity with any patron, spectator, employee or other person on the premises of an adult dancing establishment.
(2) 
No person in an adult dancing establishment shall engage in the display or exhibition of the human genital or pubic region, the cleavage of the human buttocks or the areola of the human female breast, except while the person is positioned in an entertainment area consisting of a platform or other structure raised 18 inches above the immediately surrounding area and encompassing an area of at least 100 square feet, and while the person is positioned at least three feet from any patron or spectator.
(3) 
No spectator or patron shall be present in the entertainment area defined in Subsection A(2) during the course of any performance involving the display or exhibition of the human genital or pubic region, the cleavage of the human buttocks or the areola of the human female breast.
(4) 
No person maintaining, owning or operating an adult dancing establishment shall suffer or permit the construction, maintenance or use of areas partitioned or screened from public view that are designed to be occupied or are commonly occupied alone or together by any person or persons on the premises of such establishment for private performances involving the display or exhibition of specified anatomical areas.
(5) 
Occupation of certain areas prohibited; construal of provisions.
(a) 
No person on the premises of an adult dancing establishment shall be permitted to use or to be present in areas partitioned or screened from public view that are designed to be occupied together or alone by any person or persons on the premises of such establishment for the display or exhibition of specified anatomical areas.
(b) 
Nothing in this Part 2 pertaining to adult dancing establishments shall be construed to permit or authorize any acts or activities therein that are prohibited by state or county law.