Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents
[Added 12-17-2001 by L.L. No. 18-2001]
This article shall be known as the "Adult Use Business Regulations Law of the Town of Clifton Park."
Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as documented in accordance with the ruling of the U.S. Supreme Court in the matter of the City of Renton v. Playtime Theaters, Inc. [475 U.S. 41 (1986)] and commissioned by the Town Board of the Town of Clifton Park, the Town of Clifton Park 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 wide-spread 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 Clifton Park 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 Clifton Park in adopting this article 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) 
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. 
It is not the intent of the Town of Clifton Park in adopting this article to:
(1) 
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
(2) 
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
(3) 
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
(4) 
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.
C. 
Aware that, according to numerous decisions by 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 Clifton Park hereby adopts the following amendment to its Town Zoning Law.
For the purposes of this article, the following terms shall have the following meanings:
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; and
(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; and
(3) 
Is an establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; and
(4) 
Is a location, building or structure used for presenting, lending or selling motion-picture films, videocassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis of matter depicting, describing or relating to specified sexual activities or specified 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) 
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below.
(2) 
An 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 matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below.
(3) 
A building with a capacity of 50 persons or more used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for the observation of patrons therein.
(4) 
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for the observation of patrons therein.
(5) 
An establishment which features live go-go dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
(6) 
A drive-in theater utilized for the presentation of materials distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for the observation of patrons therein.
(7) 
Any 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 physical therapists or physical therapist assistants and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments under this section.
A. 
Human genitals in a state of sexual stimulation or arousal; or
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.
A. 
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or
B. 
Human male genitals in a discernable turgid state, even if completely or opaquely covered.
A. 
LI-A District. An overlay zone is hereby established for adult use businesses within a portion of the Light Industrial District and shall be known as the "LI-A District" as shown on the Zoning Map. All zoning requirements of the LI District, which are not superceded herein, shall apply to the LI-A District.
B. 
The boundaries of the overlay zone known as the "LI-A District" are superimposed over those portions of the LI District described as the area wholly contained within the boundaries of Interstate 87 to the west, Tax Map Parcel #264.-3-69 and Parcel #259.-2-44 to the north, the border of the Towns of Clifton Park and Halfmoon to the east and Tax Map Parcel #265.-1-14.2 and 265.-1-15.3 to the south.
A. 
No adult entertainment business shall be established within 500 feet of any of the following:
(1) 
Public or private school.
(2) 
Church or other house of worship.
(3) 
Licensed day-care center, nursery school or preschool.
(4) 
Public library.
(5) 
Public park, playground or forest preserve.
(6) 
Public recreation or community center.
(7) 
Senior center.
(8) 
A fire station or ambulance/emergency response facility.
B. 
No adult entertainment business shall be established within 500 feet of any residential dwelling.
C. 
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 not be open to public view from the common areas of the establishment and that there shall not be any doors, curtains, blinds or other structures or devices that shall obstruct observation of the viewing areas from the common area of the establishment;
(2) 
Such private viewing areas shall be well lighted and readily accessible at all times and shall continuously be open to view.
(3) 
Lighting throughout the adult establishment shall be sufficient to illuminate every area to which patrons are permitted access.
D. 
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.
E. 
The exterior appearance of any building containing an adult use business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
F. 
Adult use businesses shall conform with all existing applicable sign regulations in addition to the following specific requirements:
(1) 
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
(2) 
Exterior signs, displays or other advertisements which contain nude, semi-nude or provocative pictures or silhouettes shall be prohibited.
(3) 
Interior signs, displays, posters or other advertisements which contain nude, semi-nude or provocative pictures shall be located a minimum of six feet from any window or door, and shall not be visible from the exterior of the establishment.
(4) 
Permanent and/or temporary window and door signs shall not occupy more than 20% of each window or door.
G. 
Adult use businesses shall be required to meet all zoning and construction standards and requirements of the laws of the Town of Clifton Park, including, but not limited to, lot and bulk regulations, parking requirements, signage, facade and screening regulations.
The violation of this article shall be a Class A misdemeanor. In addition, any person violating this article shall be liable to a civil penalty of $500 to be recovered by the Town in a civil action or special proceeding. Each day such violation continues shall constitute a separate violation of this article. The Town 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 article. The use of any remedy shall not prevent the use of any other remedy hereafter.