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.
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.
