Town of Clarkstown, NY Special Provisions

Adult entertainment permit required. Unless specifically excluded below, it shall be unlawful for any person to obtain employment in an establishment licensed under this Part 2, Adult Entertainment Uses, for any form of consideration or to exhibit or display specified anatomical areas in an adult bookstore, adult motion-picture theater or adult dancing establishment unless and until such person shall have first obtained an adult entertainment permit or temporary permit from the Town of Clarkstown. This section shall not apply to employees engaged exclusively in performing janitorial or maintenance services.

[Amended 12-5-2006 by L.L. No. 18-2006]

Qualifications. Employees of a licensee on a licensed premises shall not be less than 18 years of age.

Application for and issuance of adult entertainment permit.

(1)

All present and prospective employees of an adult entertainment establishment shall file an application for an adult entertainment permit with the Building Department of the Town of Clarkstown.

(2)

All applications shall be accompanied by a nonrefundable payment of $50.

(3)

The Building Department shall submit the names of all applicants for an adult entertainment permit who intend to work in an adult dancing establishment to the Rockland County Department of Health. If, in the 30 days immediately preceding submission of an application, such applicant was a known carrier of any notifiable communicable disease, as defined in applicable New York State statutes, the Rockland County Department of Health shall notify the Building Department, and no permit shall be issued unless and until the applicant presents a statement from a licensed physician certifying that the applicant is free of all notifiable communicable diseases.

[Amended 12-5-2006 by L.L. No. 18-2006]

(4)

At the time an applicant applies for a permit and completes all requirements for the issuance of a permit, the applicant shall be issued a temporary permit valid for seven days. No later than seven days from the filing of an application and, if applicable, upon presentation of the statement of a licensed physician as required in Subsection C(3) above, the Building Department shall issue a permit.

(5)

It shall be the duty of the Building Department to issue to the applicant a written permit, which shall be signed by the Building Department and shall bear the name, address, sex, age, signature and photograph of the applicant. The Building Department shall procure the fingerprints and a photograph of the applicant and the name(s) of all entertainment establishments where the applicant is to work or perform and shall keep the same on permanent file in his or her office. The fingerprints, name(s) of establishment(s) and photograph of the applicant shall be furnished by the applicant at the time of filing his application. The Building Department may request an applicant to provide such information as is necessary to effect other purposes of this Part 2. Upon delivery of the permit to the applicant, the applicant may begin working on the licensed premises as a permanent employee. There shall be submitted with each application for a permit proof of the applicant's age. Such proof may be provided by production of the applicant's driver's license, passport or a certified copy of his or her birth certificate. If the applicant is unable to furnish any of such documents, a certificate from the public school authorities as to the age of the applicant upon entering school as required under applicable New York State statutes, or the school authorities of the state where the applicant enrolled in school shall be submitted. Upon the inability of the applicant to establish a birth date as above provided, then the same may be established in the order of preference as provided under New York State statute. However, uncertified copies of such documents shall not be accepted. Any applicant who does not possess a driver's license, passport or certified copy of his or her birth certificate may obtain a temporary permit upon completion of all other requirements for an application and submission of a written request to the appropriate authority in his or her state of birth that certified evidence of his or her date of birth be sent to the Building Department.

(6)

No permit shall be issued when its issuance would violate a statute, ordinance or law or when an order from a court of law prohibits the applicant from obtaining an adult entertainment permit in the Town of Clarkstown, or to a person who is not a citizen of the United States, or if a noncitizen, to a person who does not possess a valid residency permit authorizing employment in the United States.

(7)

Any adult entertainment establishment holding a valid adult entertainment license issued pursuant to this Part 2 shall provide to its employees current permit application forms approved by the Building Department and to take the photograph of the applicant in a manner and with equipment approved by said Department. No person who cannot meet all the qualifications for employment shall be knowingly hired by a licensee. All licensees shall observe the following:

(a)

Require the employee to complete the application form and be photographed within one working day after the time said employee begins to work or perform in said establishment.

(b)

Mail a notice, in writing, to the Building Department within one working day after said employee has begun to work or perform at said establishment.

(c)

Make the employee available for fingerprinting at a time and location to be determined by an agent appointed by the Building Department, at which time and place said employee shall present to the agent the employee's completed application form and photograph.

(d)

On the first Monday of every month, provide the Building Department with a current listing of all employees and their positions.

(e)

In exchange for acceptance of the benefits provided by this subsection, waive any and all rights to challenge the permit requirements of this Part 2.

(f)

Reimburse the Town of Clarkstown for reasonable additional expenses incurred pursuant to this subsection.

Revocation. Should a permit be issued as a result of false information, misrepresentations of fact or mistake of fact, it shall be revoked.

Expiration and renewal. An adult entertainment permit issued under this Part 2 shall expire one year from the date of issuance. A permittee under this Part 2 shall be entitled to a renewal of his or her permit as a matter of course, except when said permit has been suspended or revoked, upon presentation of the previous permit or presentation of an affidavit as to its loss or destruction to the Building Department and payment of a fee of $50.

Possession of permit required.

(1)

It shall be unlawful for an employee, as defined in this Part 2, to work, perform or to exhibit or display specified anatomical areas in an adult entertainment establishment without an adult entertainment permit in his immediate possession at all times.

(2)

No person charged with violating this section shall be convicted if he produces to the Building Department or Police Chief, within 72 hours of detention or incarceration, a valid adult entertainment permit.

(3)

Upon receipt of a properly authenticated notification from the Building Department or Police Chief verifying issuance of a valid permit, the Justice Court Clerk is authorized to dismiss such cases at any time prior to the defendant's appearance in court.

Violations. Any person who violates the provisions of this section or otherwise fails to secure a permit as required by this section shall be prosecuted and punished in accordance with general law.

Suspension of permit.

(1)

Procedure. Upon receiving notice that a jury or other trier of fact in a court of law has found that a permittee violated any provision of this Part 2, whether or not an adjudication of guilt has been entered, the Building Department shall suspend the permit and shall notify the permittee of his action. Notification shall be by certified mail and shall be sent to the address on the permit application, which shall be considered the correct address.

(2)

Periods of suspension. A single violation of this Part 2 shall result in the suspension of the adult entertainment permit for 30 days. Upon a second violation of this Part 2 within a period of two years from the date of a prior violation of this Part 2, but not including any time during which the permit was suspended, the permit shall be suspended for 90 days. Upon a third violation of this Part 2 within a period of two years from the first of three violations, the permit shall be revoked. All periods of suspension shall begin on the 15th day after the date the Building Department mails a notice of suspension to the permittee or on the date the permittee delivers his permit to the Building Department, whichever comes first.

(3)

Surrender of permit required. If a permittee, after having been mailed notice of the suspension of his permit in the manner herein provided, fails to surrender his permit to the Building Department within 15 days, the period of suspension of the permit shall be extended until and shall not expire until a period has elapsed after the date of surrender of the permit or after the date of expiration of the permit, whichever comes first, which is identical in length with the original period of suspension.

Appeal. If an application for a permit is denied or if a permit is suspended or revoked, the procedures specified in this Part 2 shall be available to the applicant or permittee in the manner herein specified. If the applicant or permittee does not appeal the denial, suspension or revocation of a permit, the applicant or permittee shall be deemed to have failed to have exhausted his administrative remedies.

Replacement of lost permits. Replacements for lost permits shall be obtained by completing an application as required in this section. All applications for replacement permits shall be accompanied by a fee of $10.

Change of address, name or place of employment. Whenever any person, after applying for or receiving an adult entertainment permit, shall move from the residential address named in such application or in any permit issued pursuant thereto, or when the name of the permittee is changed by marriage or otherwise, or when the permittee takes on employment or begins to perform at an adult entertainment establishment not indicated in his application, such person shall, within 10 days thereafter, notify the Building Department, in writing, of his old and new address or of such former and new names.